[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