The tariff classification of a disposable face mask from China

N011568 May 31, 2007 CLA-2-63:RR:E:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ming Xie President Winner Medical USA, Inc. 1037 Walnut Avenue Pomona, CA 91766 RE: The tariff classification of a disposable face mask from China Dear Mr. Xie: In your letter dated May 21, 2006, you requested a tariff classification ruling. The item in question is identified as a Non-Woven Disposable Face Mask. You state that it is designed for use in hospitals, clinics, laboratories, or contaminated areas. The item is made of three layers of non-woven materials with latex–free elastic ear loops. The applicable subheading for the disposable face mask will be will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. You suggested that the face mask is classifiable under subheading 6210.10.5000, HTSUS, which provides for disposable wearing apparel. A face mask is not considered to be wearing apparel for tariff purposes. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 Mitchel Bayer at 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division