Disposable Barrier Coveralls

HQ 086972 July 12, 1990 CLA-2 CO:R:C:G 086972 CRS CATEGORY: Classification TARIFF NO.: 6210.10.4010 Kenneth H. Keefe, Esq. Sandler, Travis & Rosenberg, P.A. The Waterford 5200 Blue Lagoon Drive Miami, Florida 33126-2022 RE: Disposable Barrier Coveralls Dear Mr. Keefe: This is in response to your letter dated April 17, 1990, on behalf of your client, Kappler Safety Group, Inc., in which you requested a ruling on the classification of nonwoven disposable barrier coveralls under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted with your request. FACTS: The merchandise in question consists of five nonwoven disposable barrier coveralls, style nos. 1414, 1415, 1417, 1427 and 1428, made from "Tyvek," a spunbonded olefin made from high density polyethylene fibers. The coveralls, which are designed for use in hospitals, laboratories and contaminated areas, will be manufactured in Mexico and imported through various ports, including Laredo, Texas. Style 1414 has an attached hood and boots and elasticized sleeve cuffs. Style 1415 is hoodless but has attached boots and elasticized sleeve cuffs. Style 1417 is hoodless with elasticized cuffs at the wrists and ankles. Style 1427 has a hood and open cuffs at the wrists and ankles. Style 1428 has an attached hood and elasticized cuffs at the wrists and ankles. All are one-piece garments with a zippered fronts. As a result of their design, you state that Tyvek coveralls are an effective barrier to contaminants. You have advised that the hooded and booted coveralls are primarily designed and sold for asbestos cleanup while the non-hooded, non-booted coveralls are principally geared towards clean room use. ISSUE: Whether the nowoven disposable "Tyvek" garments in question are designed for use in hospitals, clinics, laboratories or contaminated areas such that they are classifiable in subheading 6210.10.4010, HTSUSA. LAW AND ANALYSIS: Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is determined according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order. Heading 6210, HTSUSA, covers garments made up of fabrics of, inter alia, heading 5603. Since Tyvek is a nowoven fabric classifiable in heading 5603, Tyvek garments are classifiable in heading 6210. Customs has previously held that similar garments have satisfied the "designed for use" provision of subheading 6210.10.4010, HTSUSA. As we stated in Headquarters Ruling Letter (HRL) 085360 dated December 13, 1989: A garment is found to be designed for use in environments named in a tariff provision if it has design features which peculiarly adapt it for those uses....Among the properties of Tyvek which adapted it for [use in, e.g., contaminated areas] were its impermeability, chemical resistance, relatively slick polyethylene surface, high tensile/tear strength, and its good puncture and abrasion resistance. See also HRL 085419 dated January 26, 1990 and HRL 084164 dated September 20, 1989. The coveralls at issue are manufactured from Tyvek 1422A and have the same features as described above. HOLDING: The Tyvek coveralls at issue are classifiable in subheading 6210.10.4010, HTSUSA, under the provision for garments made up of fabrics...of fabrics of heading 5602 or 5603, other, nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas, and are dutiable at 17 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division