HQ 085419: Tariff classification of two types of nonwoven disposable coveralls made of Tyvek spun-bonded olefin

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 085419

                                  January 26, 1990


          CLA-2 CO:R:C:G  085419 LS

          CATEGORY:  Classification

          TARIFF NO.:  6210.10.4010

          Robert F. Seely
          Katten Muchin & Zavis
          525 West Monroe Street
          Suite 1600
          Chicago, Illinois 60606-3693

          RE:  Tariff classification of two types of nonwoven disposable
               coveralls made of Tyvek spun-bonded olefin

          Dear Mr. Seely:

                This is in response to your initial letter, dated August 4,
          1989, requesting a tariff classification ruling on two types of
          nonwoven disposable coveralls made of Tyvek fabric.  Your request
          was submitted on behalf of Baxter Healthcare Corporation.

          FACTS:

                The facts have been presented in the form of three letters,
          dated August 24, 1989, September 6, 1989, and December 19, 1989.
          The letter of August 24, 1989 was accompanied by several
          exhibits, including advertising brochures.

                The two types of nonwoven disposable coveralls are made of
          Type 14 Tyvek.  Type 14 Tyvek is a virtually impermeable nonwoven
          fabric made of high density polyethylene fibers which are bonded
          together with heat and pressure.  When used to make garments,
          Type 14 Tyvek serves as an effective barrier in environments such
          as clean rooms, hospitals, clinics, laboratories, and
          contaminated areas.  Type 14 Tyvek's effectiveness is due to some
          of the following characteristics.  Its continuous polyethylene
          fibers are non-absorbent and essentially inert chemically and
          biologically.  Tyvek has high tensile/tear strength in all
          directions because its continuous fibers are spunbonded in all
          directions.  It is equally strong when wet or dry.  Tyvek also
          has good puncture and abrasion resistance and is static-
          resistant.
















                                         -2-


                The first type of disposable coverall is known as "Sterile
          Micro-Clean 212."  It is made of Type 1422R Tyvek which means
          that it is corona discharge treated so that it can be printed by
          a flexigraphic process.  The fabric is then coated with a
          polyamide film, known as the 212 Micro-Clean coating, which gives
          the fabric a bluish-white appearance and increases its barrier
          protection properties.  This coating is said to incorporate the
          following unique features.  First, it serves as an unusally
          effective antistatic agent.  Second, it provides a high level of
          protection against the passage of particulates.  Nearly 99
          percent of particles of 0.5 micron diameter and larger are
          filtered out.  Third, the coating results in the lowest available
          level of releasable particles caused by material shedding or
          lint.  Lastly, the coating provides superior resistance to
          chemicals.  The garments also provide wearer comfort because of
          their high water vapor transmission rate.  The Micro-Clean 212
          garments are marketed and sold in sterile and unsterile
          conditions.  They are sewn in Mexico and shipped to the United
          States for sterilization and individual packaging in sealed
          polyethylene bags.  Sterilization is accomplished by gamma
          ionizing radiation which results in maximum sterility assurance.
          The Sterile Micro-Clean 212 one-piece coverall has long sleeves,
          a zippered front, and a stitched collar.  The garment has double-
          sewn bound seams which are placed at low stress points.  For
          example, the arms are seamed across the chest portion rather than
          at the arm pits.  The garment also has elastic closures at the
          ankles and sleeves which are encased within the fabric.

                You state that the Micro-Clean 212 coveralls are marketed
          for use in industrial clean rooms, and that most of them are sold
          for use in the semiconductor, pharmaceutical, aerospace and
          biotechnology industries.  Large quantities of the sterile
          coveralls are purchased by pharmaceutical laboratories.  The
          garments serve two essential functions when worn in clean rooms.
          Primarily, they provide the necessary barrier protection between
          the worker and the environment to ensure the purity of the
          product made in the clean room.  For example, in the
          semiconductor industry the garments prevent particles, including
          body particles and dust which are 0.5 micron and larger, from
          contaminating integrated circuits.  Such contamination would
          cause an electrical short-circuit or malfunction.  Secondarily,
          the garments protect the wearer against possible injury or
          contamination from materials used in the clean room.  For
          example, in biotechnological applications the garment would

















                                         -3-


          guard against carcinogenic substances that could be absorbed
          through the skin.  In very demanding clean room environments,
          the disposable coveralls are used in conjunction with eyes-only
          or open-faced hoods, high top shoe covers, and gloves.  You state
          that the subject garments are manufactured under the "good
          manufacturing practice" requirements for medical devices
          established by the Food and Drug Administration (FDA)  and set
          forth in 21 CFR 820.1-.198, even though compliance with such
          practice is not required.

                The second type of garment at issue is the "General Use"
          disposable coverall.  These garments are made of Type 1422A Tyvek
          which is uncoated and white in color.  Unlike the Micro-Clean 212
          garments, the fabric of the "General Use" coveralls is not corona
          discharge treated and is not coated with a polyamide film.  The
          garments are usually worn one time and discarded.  In some cases
          they can be used a second time if the particular application
          permits.  The two samples submitted (Samples B and C) have long
          sleeves, a zippered front, and a stitched collar.  Only Sample C
          has elastic closures at the wrists and ankles.  The "General Use"
          coveralls are marketed for use in hospitals, clinics,
          laboratories, and contaminated areas by the Hospital Supply
          Division, Industrial Products Division, and Scientific Products
          Division of the Baxter Healthcare Corporation.  When used in
          medical facilities, the garment provides an excellent barrier
          against accidental contact with contaminated fluids, such as
          blood, and other biological or chemical agents.  The coveralls
          are also marketed for use in those clean room environments which
          do not require the exceptional antistatic features, barrier
          protection, and sterility offered by the Micro-Clean 212
          garments.  In non-clean room applications, the "General Use"
          coveralls are worn for purposes of two-way barrier protection.
          For example, in the food processing industry, they are selected
          because the Tyvek 1422 grade fabric is not a medium for bacterial
          growth and therefore the garment protects both the product and
          the wearer against bacterial infection.  The "General Use"
          garments are also manufactured according to the FDA standards for
          "good manufacturing practice," even though compliance with those
          standards is not mandatory.






















                                         -4-


                You claim that both garments are classifiable in subheading
          6210.10.4010 of the Harmonized Tariff Schedule of the United
          States (HTSUSA) as garments "Of fabrics of heading 5602 or 5603:
          Other:  Nonwoven disposable apparel designed for use in
          hospitals, clinics, laboratories or contaminated areas."  An
          affidavit of one of your employees states that the TSUSA
          equivalent of this statistical breakout was intended to cover all
          garments made of Tyvek fabric which were at that time being
          imported from Mexico.  These garments were being sold for use in
          hospitals, clinics, laboratories, and clean rooms.

          ISSUE:

                What is the applicable tariff classification under the
          HTSUSA for the subject garments?

          LAW AND ANALYSIS:

                The scope of subheading 6210.10.4010, HTSUSA, and one of
          its predecessor provisions under the TSUSA, item 384.9305,
          has been addressed in two prior rulings.  In HRL 084164, dated
          September 20, 1989, a garment made of Type 1422A Tyvek was
          classified in item 384.9305, TSUSA, which provides for "Other
          women's, girls, or infants' wearing apparel, not ornamented: of
          man-made fibers:  Not Knit:  Other:  Other:  Nonwoven disposable
          apparel designed for use in hospitals, clinics, laboratories, or
          contaminated areas."  The ruling also stated that the garment was
          classifiable in subheading 6210.10.4010, HTSUSA.  The garment in
          that case was primarily sold for use in "contaminated areas" to
          protect individuals from contaminants in the environment, such as
          asbestos, radioactive dust, pesticides, and viral agents which
          have plagued the poultry industry.  The importer, Texel
          Industries, Inc., also mentioned use of the garment in clean room
          applications and laboratories.  In HRL 085360, dated December 13,
          1989, we found that a one-piece coverall made of 100 percent
          spun-bonded polypropylene with elastic closures on the wrists and
          with an attached hood and boots was classifiable in subheading
          6210.10.4010, HTSUSA.  This garment also had a seam sewn across
          the chest rather than under the arms.  The importer sold the
          garment solely for use in asbestos abatement work.





















                                         -5-


                Relying on these earlier rulings, we find that the Sterile
          Micro-Clean 212 garment is classifiable in subheading
          6210.10.4010, HTSUSA, as "nonwoven disposable apparel designed
          for use in hospitals, clinics, laboratories or contaminated
          areas."  The clean room uses are encompassed within the term
          "contaminated areas" because they are areas where contamination
          of products from dust and body particles, such as flaking skin,
          dandruff, lint, salt, and dead tissue, is carefully controlled.
          Because the products manufactured in clean rooms are sensitive to
          environmental contamination, it is necessary to wear special
          clothing, such as the instant Tyvek garments, which are designed
          as an effective shield against the penetration or passage of
          various minute particles.  As explained above, these garments
          also serve the secondary purpose in clean rooms of protecting the
          wearer against contamination from harmful substances.  The
          Sterile Micro-Clean 212 coverall has the following special design
          features which adapt it for clean room use:  the use of Type
          1422R Tyvek material, a polyamide film coating, double-sewn bound
          seams placed at low stress points, sterilization by gamma
          ionizing radiation, and elastic closures at the ankles and
          sleeves.

                The General Use coveralls are also classifiable in
          subheading 6210.10.4010, HTSUSA.  The primary special design
          feature is the use of Type 1422A Tyvek fabric.  Sample C has the
          additional design feature of elastic closures on the wrists and
          ankles.  For the same reasons as discussed above, these garments
          are designed for use in clean rooms, which fall within the scope
          of the term "contaminated areas."  These coveralls are also
          designed to be used in medical facilities because they provide an
          effective barrier against biological and chemical contaminants.

          HOLDING:

                For the foregoing reasons, the Sterile Micro-Clean 212
          coverall and the General Use coveralls are classifiable in
          subheading 6210.10.4010, HTSUSA, as "nonwoven disposable apparel
          designed for use in hospitals, clinics, laboratories or
          contaminated areas." The rate of duty is 17 percent ad valorem.






















                                         -6-


                Due to the changeable nature of the statistical annotation
          (the ninth and tenth digits of the classification) and the
          restraint (quota/visa) categories, you should contact your local
          Customs office prior to importation of this merchandise to
          determine the current status of any import restraints or
          requirements.

                                  Sincerely,




                                  John Durant, Director
                                  Commercial Rulings Division















































          6cc: A.D. Seaport
          schreiber library/peh
          085419LS