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NY J84649

May 28, 2003

CLA-2-62:RR:NC:3:353 J84649


TARIFF NO.: 6210.10.9040

Mr. Steven L. Sommers
Sommers Inc.
3001 Ponce De Leon Blvd., Suite 265
Coral Gables, FL 33134

RE: The tariff classification of disposable aprons from Cambodia.

Dear Mr. Sommers:

In your letter dated April 30, 2003, you requested a classification ruling.

The submitted sample is a disposable apron made of 100% polypropylene non-woven textile fabric. The garment is a bib style apron that covers the front torso. The apron has a neck strap and waist made of the same material.

You state that the apron is disposable apparel for lab, hospital and contaminated areas. Customs has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.5000, HTSUSA, it has to be specially designed for use in "contaminated areas". Customs 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. Customs 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 apron does not fall into this category.

The applicable subheading for the non-woven disposable 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 16.1% ad valorem.

The disposable apron falls within textile category designation 659. Based upon international textile trade agreements products of Cambodia are not subject to quota but are subject to 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3053.


Robert B. Swierupski

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