The tariff classification of MediBib from China

N122495 October 8, 2010 CLA-2-62:OT:RR:NC:TA:348 CATEGORY: Classification TARIFF NO.: 6210.10.9040 Gary A. Mowers Riskologic 1501 South Loop 288 Suite 104 Box 328 Denton, TX 76205 RE: The tariff classification of MediBib from China Dear Mr. Mowers: In your letter dated September 9, 2010, you requested a tariff classification ruling. The sample is being returned as requested. The submitted sample, MediBib, is a disposable bib that is worn by medical professionals when disturbing medications. The bib is composed of 100% non-woven polypropylene fabric. Your letter of inquiry states it is your opinion that this item would be classified under heading 6210.10.5000 of the Harmonized Tariff Schedule of The United States (HTSUS). We disagree with your proposed classification. Customs and Border Protection (CBP) has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.5000, HTSUS, it has to be specially designed for use in "contaminated areas". CBP will classify a garment as "designed for use in hospitals, clinics, laboratories or contaminated areas" if it has an established commercial acceptability for such uses. A determination on whether a garment provides sufficient protection from exposure to contaminants is not within the purview of CBP, and it is the marketplace or regulatory agencies which will determine whether a garment offers adequate protection for its intended purpose. CBP has previously determined whether a garment will qualify for classification as a protective garment of subheading 6210.10.5000, HTSUS, on the basis of the garment’s physical design and properties, as well as how it is marketed, advertised or sold. Design features indicative of protective wear include attached boots, elastic wrist closures, attached hood with elasticized edges, and sufficient coverage to afford the wearer protection from contaminants. The disposable bib does not afford sufficient coverage to be considered protective wear. The applicable subheading for the MediBib, will be 6210.10.9040, HTSUS, which provides for garments, made up of fabrics of heading 5602, 5603, 6903, 5906 or 5907, of fabrics of heading 5602 or 5603, other, other, other, other. The rate of duty will be 16% ad valorem. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Rosemarie Hayward at (646) 733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division