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[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Pages 19111-19112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9215]

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DEPARTMENT OF THE TREASURY
Customs Service

Receipt of Domestic Interested Party Petition Concerning the 
Classification of 1.25 Ounce Nonwoven Disposable Polypropylene 
Protective Coveralls

AGENCY: Customs Service, Department of the Treasury.

ACTION: Notice of receipt of domestic interested party petition; 
solicitation of comments.

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SUMMARY: Customs has received a petition submitted on behalf of a 
domestic interested party concerning the tariff classification of 1.25 
ounce nonwoven disposable polypropylene protective coveralls.
    The petitioner challenges Customs classification of the subject 
garments under subheading 6210.10.5000, Harmonized Tariff Schedule of 
the United States (HTSUS), which provides for ``[G]arments made up of 
fabrics of heading 5602 or 5603: other: nonwoven disposable apparel 
designed for use in hospitals, clinics, laboratories or contaminated 
areas.'' The petitioner states that these types of garments do not 
provide adequate protection to be considered true protective apparel, 
and advocates classification under subheading 6210.10.9010, HTSUS, 
which provides for ``[G]arments made up of fabrics of heading 5602 or 
5603: other: other: other * * * overalls and coveralls'' which do not 
qualify as apparel designed for use in hospitals, clinics, laboratories 
or contaminated areas.
    The petitioner challenges Customs interpretation of the term 
``designed for use in hospitals, clinics, laboratories or contaminated 
areas'' for purposes of classifying garments within subheading 
6210.10.5000, HTSUS. This document invites comments regarding the 
correctness of Customs classification of 1.25 ounce nonwoven disposable 
polypropylene protective coveralls as garments designed for such uses.

DATES: Comments must be received on or before June 13, 1995.

ADDRESSES: Comments (preferably in triplicate) may be submitted to the 
U.S. Customs Service, Office of Regulations and Rulings, Regulations 
Branch, Franklin Court, 1301 Constitution Avenue, N.W., Washington, 
D.C. 20229. Comments may be viewed at the Office of Regulations and 
Rulings, Franklin Court, 1099 14th Street, N.W., Suite 4000, 
Washington, D.C. 20005.

FOR FURTHER INFORMATION CONTACT: Suzanne Karateew, Commercial Rulings 
Division, U.S. Customs Service, (202) 482-4047.
SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C 
1516), a petition has been filed by a domestic interested party 
concerning the classification of 1.25 ounce nonwoven disposable 
polypropylene protective coveralls.
    Heading 6210, Harmonized Tariff Schedule of the United States 
(HTSUS), provides for ``[G]arments, made up of fabrics of heading 5602, 
5603, 5903, 5906 or 5907.'' Heading 5603, HTSUS, provides for nonwoven 
fabrics. As the subject garments are made from nonwoven fabric, they 
are classifiable within heading 6210, HTSUS. The determinative issue is 
whether the subject garments are classifiable under subheading 
6210.10.5000, HTSUS, which provides for ``[G]arments made up of fabrics 
of heading 5602 or 5603: other: nonwoven disposable apparel designed 
for use in hospitals, clinics, laboratories or contaminated areas,'' or 
under subheading 6210.10.9010, HTSUS, which provides for ``[G]arments 
made up of fabrics of heading 5602 or 5603: other: other: other * * * 
overalls and coveralls'' which do not qualify as apparel designed for 
use in hospitals, clinics, laboratories or contaminated areas. 
Subheading 6210.10.5000, HTSUS, carries a duty of 5.6 percent ad 
valorem and does not have an attendant textile category number. 
Subheading 6210.10.9010, HTSUS, carries a duty of 16.9 percent ad 
valorem and has a textile category number of 659.
    The petitioner challenges Customs classification of these types of 
garments under subheading 6210.10.5000, HTSUS, and asserts that they do 
not provide adequate protection to be considered true protective 
apparel. Specifically, the petitioner notes that 1.25 ounce nonwoven 
disposable polypropylene coveralls are not designed for use in 
hospitals, clinics, laboratories or contaminated areas because they are 
not impermeable to air or liquid borne contaminants, they are not 
chemical resistant, they do not retard bacterial growth, they do not 
have a slick surface nor high tensile/tear strength, and they are not 
puncture and abrasive resistant.
    Customs will classify a garment as ``designed for use in hospitals, 
clinics, laboratories or contaminated areas'' if it has an established 
commercial acceptability for such uses. A determination of whether a 
garment provides sufficient protection from exposure to contaminants is 
not within the purview of the Customs Service, and it is the 
marketplace or regulatory agencies which will determine whether a 
garment offers adequate protection for its intended purpose. Customs 
has previously determined whether a garment will qualify for 
classification as a protective garment of subheading 6210.10.5000, 
HTSUS, on the basis of the garment's physical design and properties, as 
well as how it is marketed, advertised or sold. The garments submitted 
to this office as representative samples of 1.25 ounce nonwoven 
disposable polypropylene coveralls possess design features indicative 
of protective wear: 5 attached boots, elastic wrist closures, and 
attached hood with elasticized edges. It is Customs opinion that 
garments such as these will adequately serve as protective apparel in 
some situations (i.e., asbestos removal), but not in all. We note that 
the term ``designed for use in hospitals, clinics, laboratories or 
contaminated areas'' covers a multitude of environmental situations and 
no specific set of requirements or standards can be adopted as the only 
criteria to be used in determining whether a garment offers adequate 
protection for purposes of classification within subheading 
6210.10.5000, HTSUS.

Comments

    Pursuant to section 175.21(a), Customs Regulations (19 CFR 
175.21(a)), before making a determination on this matter, Customs 
invites written comments from interested parties on this issue. The 
petition of the domestic [[Page 19112]] interested party, as well as 
all comments received in response to this notice, will be available for 
public inspection in accordance with the Freedom of Information Act (5 
U.S.C. 552), section 1.4, Treasury Department Regulations (31 CFR 1.4), 
and section 103.11(b), Customs Regulations (19 CFR 103.11(b)), on 
regular business days between the hours of 9:00 a.m. and 4:30 p.m. at 
the Regulations Branch, U.S. Customs Service, Office of Regulations and 
Rulings, Franklin Court, 1099 14th Street, N.W., suite 4000, 
Washington, D.C. 20005

Authority

    This notice is published in accordance with Sec. 175.21(a), Customs 
Regulations (19 CFR 175.21(a)).

    Approved: March 24, 1995.
Michael H. Lane,
Acting Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-9215 Filed 4-13-95; 8:45 am]
BILLING CODE 4820-02-P
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