Modification of New York Ruling Letter (NYRL) 855984; child's Tyvek apron and poncho
Active· CBP ruling HQ 088368· Issued 1991-04-12
Ruling text
HQ 088368
April 12, 1991
CLA-2 CO:R:C:T 088368jlj
CATEGORY: Classification
TARIFF NO.: 6210.10.4025
Mr. Don E. Scott, Jr.
Great Threads, Inc.
203 Adams Street
P. O. Box 1565
Burlington, N. C. 27215
RE: Modification of New York Ruling Letter (NYRL) 855984;
child's Tyvek apron and poncho
Dear Mr. Scott:
On October 2, 1990, U. S. Customs, New York Seaport, issued
a ruling to you (NYRL 855984) classifying a western duster, a
child's Tyvek poncho, a child's Tyvek art apron and an Aussie
cape under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). At the request of our New York office, we
have reconsidered this ruling with respect to the child's Tyvek
poncho and apron, and we have determined that the classification
of those two articles was in error.
FACTS:
Both of the garments are manufactured in Mexico. The first
item in question is the child's poncho of Tyvek, which is a non-
woven fabric consisting of spunbonded olefin, a synthetic fiber
made by DuPont. The poncho is a pullover garment with an
attached hood and a partial opening at the neck secured by two
snaps. The garment is free hanging from the shoulders with no
armholes. There is a front handwarmer pocket. Each side of the
garment is secured by a front closure.
The second garment is a child's Tyvek art apron. The art
apron extends approximately to the knee area and covers the
entire torso. There are two strap extensions at the top of the
garment and two at the waist. At the bottom of the garment there
are three open pockets.
NYRL 855984 classified these garments under subheading
6210.50, HTSUSA, the provision for other women's or girls'
garments.
ISSUE:
What is the correct HTSUSA classification of these garments?
LAW AND ANALYSIS:
Tyvek is classified under Heading 5603 as a non-woven
fabric. Subheading 6210.10, HTSUSA, provides for garments,
made up of fabrics of Heading 5602 or 5603. This subheading
specifically covers garments such as the instant child's poncho
and apron, which are made of a non-woven fabric (Tyvek) which is
classified in Heading 5603.
HOLDING:
The child's poncho and art apron of Tyvek non-woven
material are classified in subheading 6210.10.4025, HTSUSA,
dutiable at the rate of 17 percent ad valorem. Textile category
659 applies to this subheading.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Inasmuch
as part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U. S. Customs Service, which is
available for inspection at your local Customs office.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying
NYRL 858021 to reflect the above classification effective with
the date of this letter. However, if after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within 30 days of the date of this letter.
This notice to you should be considered a modification of
NYRL 858021 under 10 CFR 177.9(d)(1). It is not to be applied
retroactively to NYRL 858021 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of
future transactions of merchandise of this type, NYRL 858021 will
not be valid precedent. We recognize that pending transactions
may be adversely affected by this modification, in that current
contracts for importations arriving at a port subsequent to this
decision will be classified pursuant to it. If such a situation
arises, you may, at your discretion, notify this office and
apply for such relief from the binding effects as may be
warranted by the circumstances. However, please be advised that
in some instances involving import restraints, such relief may
require separate approvals from other government agencies.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 088368, retrieved 2026-10-12T05:20:35Z, republished verbatim. This digest is informational; only CBP issues binding rulings.