Classification of Disposable Sleeve Protectors

HQ 965562 June 25, 2002 CLA-2 RR: CR: TE 965562 ttd CATEGORY: Classification TARIFF NO.: 6217.10.9530 Leslie Araki, Vice President , Operations SST International 10415 La Cienega Blvd. P.O. Box 45055 Los Angeles, CA 90045 RE: Classification of Disposable Sleeve Protectors Dear Mr./Ms. Araki: This is in response to your letter to the Customs National Commodity Specialist Division (NCSD), dated February 26, 2002, on behalf of Worldwide Medical & Disposable, requesting a binding ruling classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) regarding four styles of disposable sleeve protectors. On March 27, 2002, NCSD issued New York Ruling Letter (NY) H89926 to your company classifying Product Numbers PE-165 and VB-6HS. NCSD then forwarded the remaining two styles (Product Numbers 2400 and 2410) to the Office of Regulations & Rulings to determine their proper tariff classification. Samples were submitted. FACTS: The items under consideration, identified as Product Numbers 2400 and 2410, are disposable sleeve protectors. Product Number 2400 is made of non-woven polypropylene fabric with latex free elastic and thread. Product Number 2410 is made of non-woven polypropylene fabric coated with a polyethylene film with latex free elastic and thread. Both items are cylindrical in shape, measure approximately 16 inches in length and have elasticized ends. Both items are used in contaminated areas and the food processing industry. 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 Product Numbers 2400 and 2410, 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