Classification of a lab coat

HQ 084132 July 6, 1989 CLA-2 CO:R:C:G 084132 CMR 838053 CATEGORY: Classification TARIFF NO.: 6211.43.0090 Mr. T. A. Schofield A. N. Deringer, Inc. R.D. #1-Box W-432 Alexandria Bay, New York 13607-9798 RE: Classification of a lab coat Dear Mr. Schofield: This ruling is in response to your letter of March 6, 1989, on behalf of your client, Marsua Uniforms and Textiles Inc., requesting classification of various cleanroom garments (a lab coat, booties, and hood) from Canada. The cleanroom booties and hood were classified in NYRL 838053 of April 5, 1989. The lab coat has been sent to our office for classification. FACTS: The lab coat is made of 100 percent polyester woven fabric with carbon fiber woven into it as an antistatic component. It has long sleeves, a four-button front closure, one chest pocket, one pocket below the waist, a straight hemmed bottom, and a notched V-neck collar. You have requested that we also rule on the classification of shirts and pants of the same fabric as the lab coat, worn together and used in the same operations. These garments are considered unisex. The fabric the lab coat is made from is imported from Japan. The remaining components which contribute to the making of the lab coat such as thread, snaps, and buttons, and the manufacturing costs, profit, etc. are Canadian or partly U.S. -2- ISSUE: Is the lab coat classifiable under the provision for overcoats, carcoats, capes, etc., heading 6202, HTSUSA, or under the provision for other garments, heading 6211, HTSUSA? LAW AND ANALYSIS: In the Explanatory Notes to the HTSUS, which are the official explanation of the tariff at the international level, the notes for heading 6211, which provides for other garments, state that "the provisions of . . . the Explanatory Note to heading 6114 concerning other garments apply, mutatis mutandis, to the articles of this heading." The Explanatory Note to heading 6114 states, in relevant part, that among other things, the heading covers "aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc. (bold added)." The lab coat at issue appears to be of the same type described as being included in heading 6114. It is a type of protective clothing worn by workers in the electronics industries. HOLDING: The lab coat is classified under the provision for women's other garments of man-made fibers in subheading 6211.43.0090, textile category 659, dutiable at 17 percent ad valorem. As to the shirts and pants you mentioned, without samples we are unable to rule on them. 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 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins