us-cbp-cross-rulings-hq-080460•HQ 080460: Classification of nonwoven disposable coveralls designed for general use over other clothing
HQ 080460: Classification of nonwoven disposable coveralls designed for general use over other clothing
us-cbp-cross-rulings-hq-080460HQ 080460: Classification of nonwoven disposable coveralls designed for general use over other clothingGuidance
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 080460
August 25, 1988
CLA-2 CO:R:C:G 080460 jlj 823225
CATEGORY: Classification
TARIFF NO.: 384.9310; 6210.10.4020
Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108
RE: Classification of nonwoven disposable coveralls designed
for general use over other clothing
Dear Mr. O'Neill:
You requested a tariff classification for a nonwoven
disposable coverall from Taiwan for your client, Test-Rite
Products Corporation of Clifton, New Jersey. You submitted a
sample coverall along with your request.
FACTS:
The sample submitted is a 100 percent polypropylene
nonwoven disposable coverall. It will be packaged for retail
sale as a general use coverall to be worn over clothing to
protect it from being soiled. Its suggested uses are for
painting, gardening, cleaning and automotive repairs.
ISSUE:
Is the instant coverall designed for use in hospitals,
clinics, laboratories or contaminated areas?
LAW AND ANALYSIS:
An almost identical (except for certain details around
the collar) 100 percent polypropylene nonwoven disposable
coverall was found not to be designed for use in hospitals,
clinics, laboratories or contaminated areas in Customs
Headquarters Ruling Letter (HRL) 080056 of August 27, 1987.
One of the key factors in deciding that the coverall in HRL
080056 was not classified under the provision for nonwoven
- 2 -
disposable apparel designed for use in hospitals, clinics,
laboratories or contaminated areas in item 384.9305, Tariff
Schedules of the United States Annotated (TSUSA), was that
there was nothing in the design of the garment which indicated
that it was designed for the uses mandated by item 384.9305,
TSUSA.
As the Court of Customs and Patent Appeals said in Plus
Computing Machines, Inc. v. United States, 44 CCPA 160, C.A.D.
655 (1957), the fact that an article is "specially constructed
for a particular purpose means that it includes particular
features which adapt it for that purpose." The instant
garment has no such features.
The instant coverall is not eligible for classification
in item 384.9305, TSUSA, because it has no particular features
making it suitable for use in hospitals, clinics, laboratories
or contaminated areas. It is not specially designed for such
uses; rather it is a multi-purpose garment which may be used
in many different environments, such as homes, yards and
garages.
HOLDING:
The instant coverall is classified under the provision
for coveralls, overalls, jumpsuits and similar apparel,
whether or not known as playsuits, in item 384.9310, TSUSA,
dutiable at the rate of 17 percent ad valorem. Textile
category 659 applies to this item number.
Under the proposed Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which is scheduled to
replace the TSUSA, the applicable subheading is 6210.10.4020,
garments made up of fabrics of heading 5602 or 5603, other,
other, dutiable at the rate of 17 percent ad valorem. Textile
category 659 applies to this subheading.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: A.D., NY Seaport (NIS-353)
1cc: John Durant
1cc: CITA
CO:R:C:G:JLJOHNSON:lw 8/1/88
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