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NY J86722

July 22, 2003

CLA-2-63:RR:NC:TA:351 J86722


TARIFF NO.: 6307.90.9889

Ms. Beverley A. Seif
Northern Safety Co.,
P.O. Box 4250
Utica, NY 13504-4240

RE: The tariff classification of dust masks from China.

Dear Ms. Seif:

In your letter dated July 1. 2003, you requested a tariff classification ruling.

The samples submitted are fifty disposable oval shaped dust masks packed in a cardboard container, item number 7000 Nuisance. They are made of polyester non-woven textile fabric. They are characterized by a series of pleats to ensure adequate fit. They feature a thin strip of flexible metal glued near one edge of the masks that facilitates the shaping of the masks to the contours of the wearer’s face. A thin elasticized band has been stapled to the masks to facilitate a snug fit. The masks are designed to screen out non-toxic dust and other particulate matter. They are not suitable for use in a toxic environment where the wearer may be exposed to hazardous substances.

The applicable subheading for the dust masks will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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