us-cbp-cross-rulings-hq-085360•HQ 085360: Tariff classification of a nonwoven disposable coverall made of 100 percent spun-bonded polypropylene
HQ 085360: Tariff classification of a nonwoven disposable coverall made of 100 percent spun-bonded polypropylene
us-cbp-cross-rulings-hq-085360HQ 085360: Tariff classification of a nonwoven disposable coverall made of 100 percent spun-bonded polypropyleneGuidance
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 085360
December 13, 1989
CLA-2 CO:R:C:G 085360 LS
CATEGORY: Classification
TARIFF NO.: 6210.10.4010
Norman Rivkin, President
Latex Glove Co., Inc.
205 Huehl Road
Northbrook, Illinois 60062
RE: Tariff classification of a nonwoven disposable coverall
made of 100 percent spun-bonded polypropylene
Dear Mr. Rivkin:
This is a reconsideration of New York Ruling Letter
837654, dated March 20, 1989, which was initiated by Customs
New York Seaport.
FACTS:
The merchandise at issue consists of two nonwoven
disposable protective coveralls (Style Numbers T-504 and E-504)
made of 100 percent spun-bonded polypropylene which are
imported from Taiwan or China. Style E-504 has an additional
polyethylene laminate on the outer surface. The coveralls are
manufactured in sizes small through XXX large. Both garments
have attached hoods with drawstrings which provide a snug fit
around the head. The garments also provide foot protection in
the form of boots which are part of the one-piece coverall.
The coveralls have full length sleeves with elastic closures on
the wrists to provide a snug fit. A zipper runs down the front
of the coveralls and a seam is sewn across the chest rather
than under the arms. The importer has informed us that these
two garments provide a fully enclosed covering for the wearer's
body when worn with: (1) rubber gloves, which are generally
taped to the end of each sleeve; and (2) a respirator face
mask, which protects the eyes, nose and mouth.
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New York Ruling Letter 837654, dated March 20, 1989, which
responded to your original ruling request of February 28, 1989,
found that the subject coveralls are classifiable in subheading
6210.10.4010, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for "Garments, made up of
fabrics of heading 5602 or 5603: Other: Nonwoven disposable
apparel designed for use in hospitals, clinics, laboratories or
contaminated areas." Customs New York Seaport requested, by a
memorandum dated July 21, 1989, that we reconsider the above-
cited ruling in view of Headquarters Ruling Letter (HRL)
080056, dated August 27, 1987. The question was raised whether
the garments, which are used for industrial purposes, should
have been classified in subheading 6210.10.4015, HTSUSA, which
provides for "Garments made up of fabrics of heading 5602 or
5603: Other: Other: Overalls and coveralls," i.e., coveralls
which are otherwise classifiable in subheading 6210.10.40,
HTSUSA, but which do not qualify as "nonwoven disposable
apparel designed for use in hospitals, clinics, laboratories,
or contaminated areas." Subheading 6210.10.4015 provides for a
textile category number, whereas subheading 6210.10.4010 does
not provide for such a number.
In order to respond to the request for reconsideration, we
requested from you a sample and further information which would
support the original ruling that the garments are designed for
use in hospitals, clinics, laboratories or contaminated areas.
This information was provided in the form of two letters, dated
September 18, 1989 and October 20, 1989, and an advertising
brochure. Although you only sent us a sample of Style P-504,
you state that your original ruling request was also intended
to cover Style E-504.
The advertising brochure distributed by your company
pertains to asbestos abatement equipment, clothing, and
accessories. On the second page of the brochure, in a section
entitled "We Specialize in Disposable Clothing," various styles
of such clothing are listed, including the two garments at
issue. You state that you sell these garments solely for use
in asbestos abatement work. As distributors of these garments,
your primary sales are to environmental contractors whose
employees perform asbestos abatement work. In addition, you
sell the garments directly to schools, institutions, and
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governmental agencies which use in-house personnel to do the
actual abatement work. You also state that your company has
been supplying work gloves and safety products to every type of
industry for 55 years. When the need for asbestos abatement
protection became necessary, you trained a special staff and
developed a special group of products, including the subject
garments, to serve the requirements of this activity. You
claim that the coveralls at issue are "designed for use in
contaminated areas," which includes areas where asbestos
abatement work is being performed, because they provide a
barrier over the worker's skin to prevent penetration of loose
asbestos fibers. You have also informed us that the garments
comply with standards set by OSHA with respect to exposure to
asbestos and other toxic and hazardous substances. These
standards are found in 29 CFR 1910.1000-.1500. 29 CFR
1910.1001(h)(1) provides that if an employee is exposed to
asbestos or the other named substances above the permissible
exposure limit set forth in 29 CFR 1910.1001(c), the employer
is required to provide the employee with appropriate protective
work clothing and equipment, which includes: (1) coveralls or
similar full-body work clothing; (2) gloves, head coverings,
and foot coverings; and (3) face shields, vented goggles, or
other appropriate protective equipment.
ISSUE:
Whether the subject nonwoven disposable coveralls are
classifiable in subheading 6210.10.4010 or 6210.10.4015,
HTSUSA?
LAW AND ANALYSIS:
There is no dispute that the garments are classifiable in
subheading 6210.10.40, HTSUSA, which provides for garments made
up of fabrics of heading 5602 or 5603: other, because they are
made of a nonwoven material covered by heading 5603. The issue
before us is whether the subject garments meet the criteria of
"nonwoven disposable apparel designed for use in hospitals,
clinics, laboratories or contaminated areas" so as to be
classifiable in subheading 6210.10.4010, HTSUSA.
In Headquarters Ruling Letter (HRL) 084164, dated
September 20, 1989, we found that a nonwoven disposable
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protective coverall manufactured of Type 1422A Tyvek was
classifiable in subheading 6210.10.4010, HTSUSA, because it was
designed for use in "contaminated areas." The one-piece
coverall had a zippered front, long sleeves, and a collar.
Although the coverall style at issue did not have an attached
hood or shoe covers, it was usually worn with such accessories
taped to the garment. Among the contaminants which the garment
was designed to protect against were radioactive substances,
asbestos, pesticides, and viral agents. We found that the term
"contaminated areas" includes environments where contamination
exists from those substances.
A garment is found to be designed for use in environments
named in a tariff provision if it has design features which
peculiarly adapt it for those uses. In addition to the design
features, we consider whether the marketing, advertising, and
sale of the garment are directed toward the uses for which the
garment is claimed to be designed. In HRL 084164, we found
that the use of Type 14 Tyvek material was a special design
feature which peculiarly adapted the garment for use with the
above-mentioned contaminants. Among the properties of Tyvek
which adapted it for those uses were its impermeability,
chemical resistance, relatively slick polyethylene surface,
high tensile/tear strength, and its good puncture and abrasion
resistance. We also determined that the garment met certain
governmental standards, such as the OSHA standards with respect
to exposure to asbestos and other hazardous substances. The
importer of the Tyvek garment presented substantial evidence
indicating that the coverall was primarily used to protect
workers against hazardous or toxic chemicals or particulates,
and that its marketing and sales were directed toward those
uses.
In an earlier ruling, HRL 080056, dated August 27, 1987,
we held that a nonwoven disposable coverall made of 100 percent
spun-bonded polypropylene was classifiable in item 384.9310,
Tariff Schedules of the United States Annotated (TSUSA), which
provides for "coveralls, overalls, jumpsuits and similar
apparel," textile category 659, rather than in item 384.9305,
TSUSA, which provides for "nonwoven disposable apparel designed
for use in hospitals, clinics, laboratories or contaminated
areas." The garment in HRL 080056 was claimed to be designed
for use in hospitals, operating rooms, laboratories, clinics,
pharmaceutical facilities, and central sterile supplies. The
garment was found not to be designed for those uses because it
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did not have particular features which adapted it for those
uses. The ruling compared the garment to another coverall
sold by the same importer, which was described as "identical"
except that it was constructed of a different nonwoven fabric,
i.e., Tyvek, and was used for dirty industrial jobs. HRL
080056 concluded that the garment at issue could not be said to
be designed for use in hospitals because both it and the Tyvek
garment had exactly the same design and were claimed to be used
for different functions.
In HRL 084164, we modified HRL 080056 to the extent that
it suggests that a coverall made of Type 14 Tyvek material is
only for dirty industrial jobs, and therefore is not "designed
for use" in contaminated areas. Most of the industrial uses of
Type 14 Tyvek clothing were shown to be directed toward safety
applications, such as use with asbestos, radioactive
contaminants, lead dust, PCB, and pesticide sprays. We also
found that HRL 080056 was in error to the extent that it infers
that a garment which has multiple uses cannot be considered
"designed for use in hospitals, clinics, laboratories or
contaminated areas."
We find that HRL 084164 is controlling with respect to the
classification of the instant polypropylene coveralls as
"nonwoven disposable apparel designed for use in . . .
contaminated areas," in subheading 6210.10.4010, HTSUSA.
First, the garments have design features which adapt them for
use in asbestos abatement contaminated areas. Those features
include the attached hood with drawstring, the attached boots,
and the elastic closures on the wrists of the sleeves. As
discussed above, these features are designed to create a
barrier over the worker's body so as to prevent penetration of
loose asbestos fibers. The drawstring on the hood is designed
to create a snug seal around the face when a respirator face
mask is worn. The elastic closures on the wrists prevent
fibers from penetrating the sleeves. Likewise, the boots, as
part of the one-piece construction, protect the feet from
contamination. In addition to the existence of special design
features, the importer has also shown that the marketing,
advertising, and sale of the garments are directed toward
asbestos abatement areas, which qualify as contaminated areas,
as that term in used in subheading 6210.10.4010, TSUSA.
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This finding is consistent with our decision in HRL
080056, which also involved a garment made of 100 percent spun-
bonded polypropylene. The garment in that case is
distinguishable from the instant garments in several material
respects. First, the garment in HRL 080056 did not have the
design features discussed in the preceding paragraph. Second,
the polypropylene which composes the instant garments is a
thicker gauge than the polypropylene which comprised the
garment in HRL 080056, and is therefore less permeable. This
fairly thick gauge of fabric may account for the company's
claim that the garment protects against the penetration of
asbestos fibers.
In HRL 084164, the garment found to be designed for use in
contaminated areas, which included areas containing
contaminants such as asbestos, radioactive dust, pesticides,
and viral agents, was made of Tyvek, a virtually impermeable
fabric. However, you claim that protection against asbestos
fibers may also be provided by garments made of other fabrics,
such as the polypropylene of the instant garments.
HOLDING:
For the foregoing reasons, the subject polypropylene
disposable coveralls with hood and feet are classifiable in
subheading 6210.10.4010, HTSUSA, as nonwoven disposable
garments designed for use in contaminated areas. The
contaminated areas for which they are designed are asbestos
abatement areas. New York Ruling Letter 837654, dated March
20, 1989, is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: A.D., N.Y. Seaport (NIS-Herb Persky)
scheiber library/peh
085360LS-R
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