HQ 080460: Classification of nonwoven disposable coveralls designed for general use over other clothing

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