Classification of Disposable Sleeve Protectors

HQ 965461 June 24, 2002 CLA-2 RR: CR: TE 965461 ttd CATEGORY: Classification TARIFF NO.: 6217.10.9530 Benita Lee Nancy Tsai DBA Accord Custom Services 360 North Sepulveda Blvd., Suite 1070 El Segundo, CA 90245 RE: Classification of Disposable Sleeve Protectors Dear Ms. Lee: This is in response to your letter to the Customs National Commodity Specialist Division (NCSD), dated February 12, 2002, requesting, on behalf of A Plus International Inc., a binding ruling classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) regarding four styles of disposable sleeve protectors. On February 26, 2002, NCSD issued New York Ruling Letter (NY) H88832 to your company classifying Sample Number 1. NCSD then forwarded the remaining three styles (Sample Numbers 2, 3 and 4) to the Office of Regulations & Rulings to determine their proper tariff classification. Samples were submitted. FACTS: The items under consideration, identified as Sample Numbers 2, 3 and 4, are disposable sleeve protectors which are all cylindrical in shape with elasticized bands. Sample Number 2 is made of non-woven polypropylene fabric and measures approximately 18 inches in length. Sample Number 3 is made of non-woven polypropylene fabric laminated with polyethylene plastic material and measures approximately 18 inches in length. Sample Number 4 is made of non-woven spun-bonded polypropylene with melt blown polypropylene (SMS) fabric and measures approximately 21 inches in length. We note that you have indicated that the material for Sample Number 4 originates in the United States. ISSUE: What is the proper classification of the subject merchandise? LAW AND ANALYSIS: Headquarters Ruling Letter (HQ) 965135, dated April 15, 2002 (copy enclosed) addresses Customs position on the classification of disposable sleeve protectors substantially similar to the merchandise presently under consideration. In HQ 965135, disposable sleeve protectors made of non-woven spun-bonded polypropylene fabric, nearly identical to the sleeve protectors in this situation, were classified in subheading 6217.10.9530, HTSUSA. Accordingly, we incorporate the LAW AND ANALYSIS section of that ruling in this decision, as it is dispositive of the issue you have raised. See also HQ 961080, dated September 14, 1999 (wherein Customs classified sleeve protectors made of a woven nylon base coated with polyurethane on one side in subheading 6217.10.9530, HTSUSA) and HQ 961108, dated September 2, 1999 (wherein Customs classified sleeve protectors made of spun-bonded olefin in subheading 6217.10.9530, HTSUSA). Therefore, the articles at issue are properly classified in subheading 6217.10.9530, HTSUSA, which covers "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers." HOLDING: The subject disposable sleeve protectors, identified as Sample Numbers 2, 3 and 4, are classified under subheading 6217.10.9530, HTSUSA, which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers." The applicable rate of duty is 14.8 percent ad valorem and the textile category is 659. The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov. 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 Enclosure