HQ 0085208 - Reconsideration of DD 840614 of May 19, 1989 - United States International Trade Commision Rulings

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HQ 085208

September 11, 1989

CLA-2 CO:R:C:G 085208 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.92.3000

Ms. Linda G. Baird
Shelby Group International, Inc.
P.O. Box 171814
Memphis, TN 38187-1814

RE: Reconsideration of DD 840614 of May 19, 1989

Dear Ms. Baird:

This ruling letter is in response to your request of July 12, 1989, for reconsideration of DD 840614 from Cleveland Ohio, of May 19, 1989, concerning tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for cotton knit work gloves. A pair of gloves produced in Hong Kong were submitted for examination.

FACTS:

Style number 9400K are 100 percent cotton knit work gloves composed of a terry cloth type looped fabric. The gloves have knit cuffs formed of pre-existing fabric which is stitched to the other portion of the glove. The gloves were classified under subheading 6116.92.2010, HTSUSA. You assert that subheading 6116.92.3000, HTSUSA, is the proper classification.

ISSUE:

Whether the merchandise at issue is classified under subheading 6116.92.2010, HTSUSA, or under subheading 6116.92.3000, 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.

Subheading 6116.92.2010, HTSUSA, provides for gloves, mittens and mitts, knitted or crocheted, other, of cotton, made from a pre-existing machine knit fabric. You assert that subheading 6116.92.3000, HTSUSA, which provides for gloves, mittens and mitts, knitted or crocheted, other, of cotton, other, is appropriate because the applied cuffs are disregarded for classification purposes.

The Explanatory Notes constitute the official interpretation of the tariff at the international level. The General Explanatory Notes for chapter 61 and chapter 62 contain the same paragraph regarding parts and accessories.

The classification of goods in this Chapter is not affected by the presence of parts or accessories for example, knitted or crocheted fabrics, furskin feather, leather, plastics or metal. Where, however, the presence of such materials constitutes more than mere trimming the articles are classified in accordance with the relative Chapter Notes ... or failing that, according to the General Interpretative Rules.

Explanatory Note 11 to heading 6217, contains a partial listing of articles considered to be "parts" and "accessories." Among that listing are such items as linings, pockets, collars, and cuffs. See 080817 of August 31, 1987. Therefore, according to the above Explanatory Notes, the presence of cuffs would not affect the classification of the gloves. The fact that the stitching of the cuffs onto the gloves creates a seam is also not relevant in determining whether the gloves are considered seamless for classification at the seventh and eighth digit breakout. The gloves have no other seams and since we are disregarding the existence of the cuffs, classification under subheading 6116.92.3000, HTSUSA, is justified.

HOLDING:

The sample at issue is classified under subheading 6116.92.3000, HTSUSA, which provides for gloves, mittens and mitts, knitted or crocheted, other, of cotton, other, other, textile category 331, and dutiable at the rate of 10 percent ad valorem.

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. Since 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.

DD 840614 of May 19, 1989, is amended in accordance with this ruling.

Sincerely,

John Durant, Director

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