HQ 0086495 - HRL 085807 modified. Diving gloves of rubber laminated on both sides with textile fabric, where textile fabric is more than mere reinforcement, is a textile product. Sports Industries; sporting; equipment; scuba; 4008 - United States International Trade Commision Rulings

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HQ 086495

April 19, 1990

CLA-2 CO:R:C:G 086495 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.2510

Mr. K.M. Oh
President
Sam Jung Hwagong Company, Ltd.
C.P.O. Box 2125
Seoul
Korea

RE: HRL 085807 modified. Diving gloves of rubber laminated on both sides with textile fabric, where textile fabric is more than mere reinforcement, is a textile product. Sports Industries; sporting; equipment; scuba; 4008

Dear Mr. Oh:

On January 29, 1990, we sent you Headquarters Ruling Letter 085807, modifying HRL 082324 of August 29, 1989, with respect to seamed diving gloves. In HRL 085807, we classified these gloves under subheading 6116.10.3540, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as gloves, coated or covered with plastics or rubber, without fourchettes, not cut and sewn from pre-existing machine-knit fabric that is impregnated, coated or covered with plastics or rubber.

On February 16, 1990, we sent you a letter inform- ing you that our New York office was of the opinion that the gloves addressed in HRL 082324 and 085807 are cut and sewn from pre-existing machine-knit fabric that is impregnated, coated or covered with plastics or rubber.

As a result, the merchandise considered in HRLs 082324 and 085807 is classified under subheading 6116.10.2510, HTSUSA, as gloves, mittens and mitts, knitted or crocheted, gloves, mittens and mitts impreg- nated, coated or covered with plastics or rubber, other, without fourchettes, cut and sewn from pre-
existing machine-knit fabric that is impregnated, coated or covered with plastics or rubber, other, containing over 50 percent by weight of plastics or rubber. The applicable rate of duty is 19.8 percent ad valorem.

This notice to you should be considered a modification of HRL 085807 of January 29, 1990, as to the merchandise described as gloves, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroac- tively to HRL 085807 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 085807 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 the release of HRL 086495 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,

JOHN DURANT, DIRECTOR
COMMERCIAL RULINGS DIVISION

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