HQ 084132: Classification of a lab coat

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 084132

                                  July 6, 1989


      CLA-2 CO:R:C:G  084132  CMR  838053

      CATEGORY: Classification

      TARIFF NO.: 6211.43.0090

      Mr. T. A. Schofield
      A. N. Deringer, Inc.
      R.D. #1-Box W-432
      Alexandria Bay, New York  13607-9798

      RE: Classification of a lab coat

      Dear Mr. Schofield:

           This ruling is in response to your letter of March 6, 1989, on
      behalf of your client, Marsua Uniforms and Textiles Inc., requesting
      classification of various cleanroom garments (a lab coat, booties,
      and hood) from Canada.  The cleanroom booties and hood were
      classified in NYRL 838053 of April 5, 1989.  The lab coat has been
      sent to our office for classification.

      FACTS:

           The lab coat is made of 100 percent polyester woven fabric with
      carbon fiber woven into it as an antistatic component.  It has long
      sleeves, a four-button front closure, one chest pocket, one pocket
      below the waist, a straight hemmed bottom, and a notched V-neck
      collar.

           You have requested that we also rule on the classification of
      shirts and pants of the same fabric as the lab coat, worn together
      and used in the same operations.  These garments are considered
      unisex.

           The fabric the lab coat is made from is imported from Japan.
      The remaining components which contribute to the making of the lab
      coat such as thread, snaps, and buttons, and the manufacturing costs,
      profit, etc. are Canadian or partly U.S.















                                       -2-


      ISSUE:

           Is the lab coat classifiable under the provision for overcoats,
      carcoats, capes, etc., heading 6202, HTSUSA, or under the provision
      for other garments, heading 6211, HTSUSA?

      LAW AND ANALYSIS:

           In the Explanatory Notes to the HTSUS, which are the official
      explanation of the tariff at the international level, the notes for
      heading 6211, which provides for other garments, state that "the
      provisions of . . . the Explanatory Note to heading 6114 concerning
      other garments apply, mutatis mutandis, to the articles of this
      heading."

           The Explanatory Note to heading 6114 states, in relevant part,
      that among other things, the heading covers "aprons, boiler suits
      (coveralls), smocks and other protective clothing of a kind worn by
      mechanics, factory workers, surgeons, etc. (bold added)."

           The lab coat at issue appears to be of the same type described
      as being included in heading 6114.  It is a type of protective
      clothing worn by workers in the electronics industries.

      HOLDING:

           The lab coat is classified under the provision for women's other
      garments of man-made fibers in subheading 6211.43.0090, textile
      category 659, dutiable at 17 percent ad valorem.

           As to the shirts and pants you mentioned, without samples we are
      unable to rule on them.

           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















      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins