The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a personal decontamination kit from Canada; Article 509

NY I88323 December 10, 2002 CLA-2-62:RR:NC:3:353 I88323 CATEGORY: Classification TARIFF NO.: 6210.10.5000 Me. Les Suzuki Livingston International Consulting Group 1140 West Pender St., Suite 720 Vancouver, BC Canada V6E 4H5 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a personal decontamination kit from Canada; Article 509 Dear Mr. Suzuki: In your letter dated November 7, 2002, on behalf of Nor E First Response, Inc. (Nor E), you requested a ruling on the status of a personal decontamination kit from Canada under the NAFTA. The submitted sample is an IDecon Personal Care Kit (IPC) that is packaged together in a green and white sealed bag. The articles in the IPC consist of: Plastic Re-sealable Valuables Bag Barcode Man-readable Identification System (plastic bracelet) 18”x32” clear plastic Contaminated Clothing Bag Three Disposable Towels (paper) One Smock “poncho” style constructed of nonwoven fabric. There is an opening for the head, oversized armholes, overlocked stitched seams and raw edges. The garment is very large, so that one-size-fits-all A Pair of Slippers constructed of plastic soles and Tyvek® nonwoven uppers The IPC is used once and all articles are discarded after use. Fire departments, hospitals and workplace hazardous material decontamination organizations use the item. All of the items in the kit are of Canadian origin, except slippers of Mexican origin. The smock is cut to shape, assembled and finished in Canada from nonwoven fabric. You state that the smock “is manufactured in Canada from U.S. or Canadian origin fabric of Heading 5603.” We assume that you mean the fabric meets NAFTA rules of origin requirements. The kit is considered “goods put up in sets for retail sale.” It consists of at least two different articles which are, prima facie, classifiable in different headings; it is put up to meet a particular need or carry out a specific activity, namely decontamination of individuals exposed to hazardous material; and is put up in a manner suitable for sale directly to users. The nonwoven smock is the most expensive and most important item in the kit and imparts its essential character. The applicable tariff provision for the IDecon Personal Care Kit (IPC) will be 6210.10.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas.” The general rate of duty will be 1.2% ad valorem. As stated previously, the nonwoven smock imparts the essential character of the IDecon Personal Care Kit (IPC). The smock, which determines the classification of the kit, is made in the NAFTA territories using NAFTA originating materials, thereby satisfying the requirements of HTSUSA General Note 12(b)(iii). The IDecon Personal Care Kit (IPC) will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division