The tariff classification of particulate respirators from China

N085515 November 25, 2009 CLA-2-63:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Lorianne Aldinger RITE AID Corporation PO Box 3165 Harrisburg, PA 17105-3165 RE: The tariff classification of particulate respirators from China Dear Ms. Aldinger, In your letter dated Nov. 19, 2009, you requested a tariff classification ruling. The submitted samples are two particulate respirators N95 packed together in a box under item number 9007666. They are shaped to be worn over the nose and mouth. They are made of cotton non-woven fabric with a 1/4"-wide strip of flexible metal along the top edge to allow the mask to be shaped around the bridge of the nose for a better fit; the inside under the metal has a corresponding strip of soft plastic foam to protect the nose. The masks are held in place by narrow spandex straps that fit over the head. The box states that the mask can be worn during housework, gardening, infant care, etc. It also states that the respirators reduce the germs inhaled but do not eliminate the risk of disease or illness. The applicable subheading for the particulate respirators 9007666 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. 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