HQ 082931: Tyvec RPA llA Lab Suit

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 082931

                      November 8, 1989


CLA-2  CO:R:C:G  JS

CATEGORY:  Classification

TARIFF NO.:  6210.10.4010

Mr. Gary B. Shea
Redicorp Protective Materials
146-01 Lee Road
Chantilly, Virginia 22021

RE: Tyvec RPA llA Lab Suit

Dear Mr. Shea:

     This is in reference to your letter of October 6, 1988,
concerning classification under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA), for a Tyvec protective
lab suit.

FACTS:

     The merchandise at issue is a protective suit used to
protect against a hazardous particulate environment.  It is
constructed of the E.I. Dupont trademark material called Tyvek
which consists of spun bonded olefin fibers.  You provided
descriptive literature, as well as an illustration, which
indicates that the suit consists of 98 percent Tyvek material, 1
percent 3M filtrate material and 1 percent Mylar.

     A polyethylene coating comprises the surface of the
garment, which is structured as a coverall.  The garment has a
hood covering which encloses the head and attaches to the body of
the garment.  The hood has a "window" for visibility.  The body
of the suit has long sleeves attached to gloves, and the pants
legs are attached to booties.  The 16 oz. garment incorporates a
patented ventilation system which does not use an electrical or
battery operated device.









ISSUE:

     Whether the garment in question is classifiable under
Heading 6210 of the Harmonized Tariff System of the United States
Annotated (HTSUSA)?

LAW & ANALYSIS:

     Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI's), taken in order.  GRI 1
provides that the classification shall be determined according
to the terms of the headings and any relevant section or chapter
notes.

     Heading 6210, HTSUSA, provides for garments, made up of
fabrics of heading 5602, 5603, 5903, 5906 or 5907.  The fabric
from which the Tyvec suit is constructed falls under those
enumerated in heading 5603, namely, non-wovens, whether or not
impregnated, coated, covered or laminated.  The Explanatory
Notes constitute the official interpretation of the tariff at
the international level.  The Explanatory Notes to heading 6210
state that the heading covers raincoats, oilskins, divers' suits
and anti-radiation protective suits, not combined with breathing
apparatus.  Since the garment in issue is designed to protect
against hazardous submicron radium particulates and chemicals,
among other things, it is classified under this heading.

HOLDING:

     The General use of protective suits is such that once worn
in a hazardous environment, the garment becomes contaminated and
must be disposed of.  There are also limited circumstances under
which the suit may be reused following a decontamination process.
However, due to the limited nature of such reuse, the Tyvec RPA
llA suit will be considered disposable for classification
purposes.

     The merchandise at issue is classified under subheading
6210.10.4010, HTSUSA, which provides for garments, made up of
fabrics of heading 5602, 5603, 5903 5906 or 5907, of fabrics of
heading 5602 or 5603, other, non-woven disposable apparel
designed for use in hospitals, clinics, laboratories or
contaminated areas, with duty at the rate of 17 percent ad
valorem.  There are currently no textile restraints applicable
to this merchandise.









     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