Receipt of Domestic Interested Party Petition Concerning the Classification of 1.25 Ounce Nonwoven Disposable Polypropylene Protective Coveralls

DEPARTMENT OF THE TREASURY

Customs Service

Receipt of Domestic Interested Party Petition Concerning the

Classification of 1.25 Ounce Nonwoven Disposable Polypropylene

Protective Coveralls

AGENCY: Customs Service, Department of the Treasury.

ACTION: Notice of receipt of domestic interested party petition;

solicitation of comments.

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SUMMARY: Customs has received a petition submitted on behalf of a

domestic interested party concerning the tariff classification of 1.25

ounce nonwoven disposable polypropylene protective coveralls.

The petitioner challenges Customs classification of the subject

garments under subheading 6210.10.5000, Harmonized Tariff Schedule of

the United States (HTSUS), which provides for ``[G]arments made up of

fabrics of heading 5602 or 5603: other: nonwoven disposable apparel

designed for use in hospitals, clinics, laboratories or contaminated

areas.'' The petitioner states that these types of garments do not

provide adequate protection to be considered true protective apparel,

and advocates classification under subheading 6210.10.9010, HTSUS,

which provides for ``[G]arments made up of fabrics of heading 5602 or

5603: other: other: other * * * overalls and coveralls'' which do not

qualify as apparel designed for use in hospitals, clinics, laboratories

or contaminated areas.

The petitioner challenges Customs interpretation of the term

``designed for use in hospitals, clinics, laboratories or contaminated

areas'' for purposes of classifying garments within subheading

6210.10.5000, HTSUS. This document invites comments regarding the

correctness of Customs classification of 1.25 ounce nonwoven disposable

polypropylene protective coveralls as garments designed for such uses.

DATES: Comments must be received on or before June 13, 1995.

ADDRESSES: Comments (preferably in triplicate) may be submitted to the

U.S. Customs Service, Office of Regulations and Rulings, Regulations

Branch, Franklin Court, 1301 Constitution Avenue, N.W., Washington,

D.C. 20229. Comments may be viewed at the Office of Regulations and

Rulings, Franklin Court, 1099 14th Street, N.W., Suite 4000,

Washington, D.C. 20005.

FOR FURTHER INFORMATION CONTACT: Suzanne Karateew, Commercial Rulings

Division, U.S. Customs Service, (202) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C

1516), a petition has been filed by a domestic interested party

concerning the classification of 1.25 ounce nonwoven disposable

polypropylene protective coveralls.

Heading 6210, Harmonized Tariff Schedule of the United States

(HTSUS), provides for ``[G]arments, made up of fabrics of heading 5602,

5603, 5903, 5906 or 5907.'' Heading 5603, HTSUS, provides for nonwoven

fabrics. As the subject garments are made from nonwoven fabric, they

are classifiable within heading 6210, HTSUS. The determinative issue is

whether the subject garments are classifiable under subheading

6210.10.5000, HTSUS, which provides for ``[G]arments made up of fabrics

of heading 5602 or 5603: other: nonwoven disposable apparel designed

for use in hospitals, clinics, laboratories or contaminated areas,'' or

under subheading 6210.10.9010, HTSUS, which provides for ``[G]arments

made up of fabrics of heading 5602 or 5603: other: other: other * * *

overalls and coveralls'' which do not qualify as apparel designed for

use in hospitals, clinics, laboratories or contaminated areas.

Subheading 6210.10.5000, HTSUS, carries a duty of 5.6 percent ad

valorem and does not have an attendant textile category number.

Subheading 6210.10.9010, HTSUS, carries a duty of 16.9 percent ad

valorem and has a textile category number of 659.

The petitioner challenges Customs classification of these types of

garments under subheading 6210.10.5000, HTSUS, and asserts that they do

not provide adequate protection to be considered true protective

apparel. Specifically, the petitioner notes that 1.25 ounce nonwoven

disposable polypropylene coveralls are not designed for use in

hospitals, clinics, laboratories or contaminated areas because they are

not impermeable to air or liquid borne contaminants, they are not

chemical resistant, they do not retard bacterial growth, they do not

have a slick surface nor high tensile/tear strength, and they are not

puncture and abrasive resistant.

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. A determination of whether a

garment provides sufficient protection from exposure to contaminants is

not within the purview of the Customs Service, and it is the

marketplace or regulatory agencies which will determine whether a

garment offers adequate protection for its intended purpose. 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. The garments submitted

to this office as representative samples of 1.25 ounce nonwoven

disposable polypropylene coveralls possess design features indicative

of protective wear: 5 attached boots, elastic wrist closures, and

attached hood with elasticized edges. It is Customs opinion that

garments such as these will adequately serve as protective apparel in

some situations (i.e., asbestos removal), but not in all. We note that

the term ``designed for use in hospitals, clinics, laboratories or

contaminated areas'' covers a multitude of environmental situations and

no specific set of requirements or standards can be adopted as the only

criteria to be used in determining whether a garment offers adequate

protection for purposes of classification within subheading

6210.10.5000, HTSUS.

Comments

Pursuant to section 175.21(a), Customs Regulations (19 CFR

175.21(a)), before making a determination on this matter, Customs

invites written comments from interested parties on this issue. The

petition of the domestic [[Page 19112]] interested party, as well as

all comments received in response to this notice, will be available for

public inspection in accordance with the Freedom of Information Act (5

U.S.C. 552), section 1.4, Treasury Department Regulations (31 CFR 1.4),

and section 103.11(b), Customs Regulations (19 CFR 103.11(b)), on

regular business days between the hours of 9:00 a.m. and 4:30 p.m. at

the Regulations Branch, U.S. Customs Service, Office of Regulations and

Rulings, Franklin Court, 1099 14th Street, N.W., suite 4000,

Washington, D.C. 20005

Authority

This notice is published in accordance with Sec. 175.21(a), Customs

Regulations (19 CFR 175.21(a)).

Approved: March 24, 1995.

Michael H. Lane,

Acting Commissioner of Customs.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 95-9215 Filed 4-13-95; 8:45 am]

BILLING CODE 4820-02-P