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NY E89657




December 6, 1999

CLA-2-62:RR:NC:3:353 E89657

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040

Ms. Michelle Everitt
701 E Street, SE
Washington, DC 20003

RE: The tariff classification of a disposable apron from China.

Dear Ms. Everitt:

In your letter dated November 4, 1999 you requested a classification ruling.

The submitted sample is a disposable bib apron consisting of polyethylene plastic, which coats a nonwoven polypropylene backing. The apron ties at the waist and measures approximately 26” wide x 36” long including a 12” wide x 8” long bib. The apron provides protection from liquids in laboratories, hospitals and the food processing industry.

The polyethylene plastic provides protection from liquids; the nonwoven polypropylene adds significant strength and breathability to the garment and is considered more than mere reinforcement. Therefore, the polyethylene/polypropylene material is considered a textile.

The applicable subheading for the disposable bib apron will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other...Other.” The duty rate will be 16.5% ad valorem in the year 1999 and 16.4% in the year 2000.

The disposable bib apron falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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