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HQ 088368

April 12, 1991

CLA-2 CO:R:C:T 088368jlj


TARIFF NO.: 6210.10.4025

Mr. Don E. Scott, Jr.
Great Threads, Inc.
203 Adams Street
P. O. Box 1565
Burlington, N. C. 27215

RE: Modification of New York Ruling Letter (NYRL) 855984; child's Tyvek apron and poncho

Dear Mr. Scott:

On October 2, 1990, U. S. Customs, New York Seaport, issued a ruling to you (NYRL 855984) classifying a western duster, a child's Tyvek poncho, a child's Tyvek art apron and an Aussie cape under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). At the request of our New York office, we have reconsidered this ruling with respect to the child's Tyvek poncho and apron, and we have determined that the classification of those two articles was in error.


Both of the garments are manufactured in Mexico. The first item in question is the child's poncho of Tyvek, which is a non- woven fabric consisting of spunbonded olefin, a synthetic fiber made by DuPont. The poncho is a pullover garment with an attached hood and a partial opening at the neck secured by two snaps. The garment is free hanging from the shoulders with no armholes. There is a front handwarmer pocket. Each side of the garment is secured by a front closure.

The second garment is a child's Tyvek art apron. The art apron extends approximately to the knee area and covers the entire torso. There are two strap extensions at the top of the garment and two at the waist. At the bottom of the garment there are three open pockets.

NYRL 855984 classified these garments under subheading 6210.50, HTSUSA, the provision for other women's or girls' garments.


What is the correct HTSUSA classification of these garments?


Tyvek is classified under Heading 5603 as a non-woven fabric. Subheading 6210.10, HTSUSA, provides for garments, made up of fabrics of Heading 5602 or 5603. This subheading specifically covers garments such as the instant child's poncho and apron, which are made of a non-woven fabric (Tyvek) which is classified in Heading 5603.


The child's poncho and art apron of Tyvek non-woven material are classified in subheading 6210.10.4025, HTSUSA, dutiable at the rate of 17 percent ad valorem. Textile category 659 applies to this subheading.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Inasmuch as part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 858021 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of NYRL 858021 under 10 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 858021 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions of merchandise of this type, NYRL 858021 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for such relief from the binding effects as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.


John Durant, Director
Commercial Rulings Division

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