The tariff classification of cape sleeves from China and Cambodia

N283202 March 2, 2017 CLA-2-62:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 6211.32.9081 Ms. Melanie Hall Weldas Company, LLC 128 Seaboard Lane Franklin, TN 37067 RE: The tariff classification of cape sleeves from China and Cambodia Dear Ms. Hall: In your letter dated December 12, 2016, you requested a tariff classification ruling. The sample will be returned to you under separate cover. The submitted sample, Item 33-6228, is a cape sleeve used by welders for protection. The upper body garment is composed of 100% woven cotton fabric. The garment extends to the breast and has snaps across, a full front three snap closure that closes left over right, a pointed collar, long sleeves with snaps at the wrist. The same garment will be imported under Item 33-8228. The upper body garment is made from flame resistant fabric. It is designed and constructed to protect a person from potential hazards and serve as personal protection equipment. The garment is designed to perform to very specific industrial demands and is accurately matched to the wearer’s potential hazardous threat. The garment is protective apparel worn solely on the job and has no practical application as street or casual wear. The cape sleeve is clearly a protective garment. Although not specifically provided for under a tariff heading, guidance as to their classification is set out in the Explanatory Notes (EN). Heading 6211, Harmonized Tariff Schedule of the United States (HTSUS), covers other woven garments. EN to heading 6211 state that the EN to heading 6114, HTSUS, which concerns other knitted or crocheted garments, apply mutatis mutandis, to the articles of heading 6211, HTSUS. The applicable EN to heading 6114, HTSUS, states, in pertinent part, as follows: The heading includes, inter alia: Aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc. (Emphasis added). In accordance with the EN to heading 6114, HTSUS, Customs and Border Protection classifies garments worn for protective purposes as wearing apparel in heading 6211, HTSUS.The applicable subheading for Item 33-6228 and Item 33-8228 will be 6211.32.9081, HTSUS, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of cotton, Other, Other.” The duty rate will be 8.1%. 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 https://hts.usitc.gov/current. 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 Rosemarie Hayward via email at rosemariecasey.hayward@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division