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NY F86301

May 11, 2000

CLA-2-62:RR:NC:3:353 F86301


TARIFF NO.: 6210.10.9040, 6505.90.8015

Ms. Bei F. Dong
Group Associates
15455 Conway Road, Suite 360
Chesterfield, MO 63017

RE: The tariff classification of disposable non-woven wearing apparel and hats from China.

Dear Ms. Dong:

In your letter dated April 20, 2000 you requested a tariff classification ruling. The samples will be returned to you as requested.

Six samples were submitted with your request. A- Items 3, 4 and 5 are a top, and two disposable gowns composed of non-woven polypropylene textile material. B- Hat composed of spun-laced non-woven fabric and C - Hat composed of woodpulp laminated spun-laced material. You state that the items will be used in hospitals or food processing industries. A- Item 3: Top with short sleeves, left breast pocket and a patch pocket at the bottom left side. You also include in your letter pants that are composed of the same non-woven fabric, no sample received. Item 4: Coated gown, knee length, and long sleeves elasticized at the wrists and a full back opening with a self-tie closure. Item 5: Uncoated gown with long sleeves elasticized at the wrists, full back opening and a self tie at the back of the neck and self-tie around the waist. B and C are hats designed to fit over the entire head and have no peaks.

The applicable subheading for the top and pants, coated disposable gown and uncoated disposable gown, A- Items 3, 4, and 5 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.” The duty rate will be 16.4% ad valorem.

The applicable subheading for the disposable hats, B and C will be 6505.90.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear knitted or crocheted,of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Non-woven disposable headgear without peaks or visors.” The duty rate will be 20 cents/kg + 7.3% ad valorem.

A- Items 3, 4 and 5 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Items B and C have no quota or visa requirements.

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.


Robert B. Swierupski

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