HQ 0084800 - Classification of winter bicycle gloves - United States International Trade Commision Rulings

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HQ 084800

July 28, 1989

CLA-2 CO:R:C:G 084800 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.4805

Ms. Nancy Young
The Glove Source, Inc.
9365 Gerwig Lane
Columbia, MD 21046

RE: Classification of winter bicycle gloves

Dear Ms. Young:

This ruling letter is in response to your inquiry of May 11, 1989, on behalf of Samku Industries, Inc., requesting tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for winter bicycle gloves. A sample produced in Korea was submitted for review.

FACTS:

According to your submissions, style number 0700 is a winter bicycle glove. The glove has an unlined synthetic leather palm composed of "Amara" fabric. Amara fabric is a combination of man-made fibers and plastic which forms a nonwoven fabric. The back of the hand is made from a knit man-made fabric with a thin layer of foam which serves as insulation. This layer has a knit man-made fabric attached which acts as a lining. The glove has an "Amara" palm and thumb reinforcement covering a thin layer of foam padding. An additional layer of "Amara" reinforcement covers the joint of the thumb. The glove has a row of elastic gathering on the palm side of the wrist. The hemmed cuff is also elasticized on the palm side so that the glove appears straight, when viewed from the back. An inseam construction is used throughout except where the "Amara" palm side of the index finger is joined to the knit back. The reinforced areas are top- stitched over the shell material. The gloves have a plastic hook and clasp to hold them together when not in use.

ISSUE:

How are the gloves at issue classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes. Heading 6216, HTSUSA, provides for gloves, mittens and mitts. We must now determine how the gloves are classified at the subheading level.

Subheading 6216.00, HTSUSA, provides for gloves, mittens and mitts, impregnated, coated or covered with plastics or rubber. Our position is that if the plastic is added after creation of the fabric, the fabric is considered impregnated, coated or covered with plastic. We do not consider the "Amara" fabric used in the sample at issue to be impregnated, coated or covered with plastic. The plastic was added at the time of creation of the "Amara" fabric. As previously stated, "Amara" fabric is a combination of man-man fibers and plastic which forms a nonwoven fabric.

There have been new trends in the design of bicycle gloves and although the gloves at issue do not resemble traditional bicycling gloves, they do provide padding for griping handlebars and do offer a tight fit which enhances the thermal protection necessary for winter bicycling. Therefore, they are classified as gloves specially designed for use in sports.

We note the burden of proof is usually on the importer to provide us with the necessary information to determine whether their gloves are specially designed for use in sports. That information may include, but is not limited to, catalogs, advertisements, marketing strategies, and design features.

HOLDING:

The gloves at issue are classified under subheading 6216.00.4805, HTSUSA, which provides for gloves, mittens and mitts, other, other, with man-made fibers, other, specially designed for use in sports, and dutiable at the rate of 22 cents/kg plus 11 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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