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HQ 089771


August 29, 1991

CLA-2 CO:R:C:T 089771 SK

CATEGORY: CLASSIFICATION

TARIFF NO: 6116.92.0800

Mr. Walter J. Bennett
18445 Benington Drive
Brookfield, WI 53005

RE: Modification of NYRL 862687 (5/6/91); classification of "Wet Grip" golf glove 6116.92.0800, HTSUSA

Dear Mr. Bennett:

On May 6, 1991, our New York office issued you New York Ruling Letter (NYRL) 862687, classifying a glove referred to as "Wet Grips". Upon further review, that classification is deemed to be in error and is accordingly modified.

FACTS:

The submitted sample, "Wet Grips", is an unlined, full- fingered glove, cut and sewn from cotton knit fabric. The glove features a two inch middle vent on the top portion of the glove and vinyl capping around the wrist which extends to a velcro-like closure enabling the glove to be pulled taut on the hand.

NYRL 862687 classified the article under subheading 6116.92.6040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

Whether the subject merchandise is classifiable under subheading 6116.92.6040, HTSUSA, as gloves, mittens or mitts, knitted or crocheted, or under subheading 6116.92.0800, HTSUSA, which provides for gloves ... knitted or crocheted: other: of cotton: ... all the foregoing specially designed for use in sports?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Subheading 6116.92.0800, HTSUSA, provides for gloves, mittens and mitts, knitted or crocheted: of cotton: ... all the foregoing specially designed for use in sports ... . The article at issue is comprised of a thin, unlined, cotton knit fabric which is cut into a five finger glove. The glove's wrist is capped with textile-backed vinyl which extends into a velcro- like strip enabling the glove to be pulled taut around the hand so as to prevent the fabric from bunching up in the palm. This function prevents excess material from interfering with a golfer's swing. The glove itself is intended to be used by golfers in wet weather conditions as cotton fabric affords better grip on a golf club than does leather or other standard type golf gloves.

The design of this glove indicates that its function for other purposes is limited. The glove is too thin for winter wear. Similarly, it is too thin for protective wear; it is not appropriate for use as a gardening glove, nor is it coated or lined with other materials so as to expand the glove's foreseeable functions. It is also clear that the glove is not intended for formal wear.

By virtue of the vinyl strip and velcro-like closure, it is apparent that this glove was designed specifically to pull the glove taut against the hand. This tautness is designed to provide a better grip for golfers. As a cotton glove specially designed for use in sports, the subject merchandise is properly classifiable under subheading 6116.92.0800, HTSUSA.

Customs will consider extraneous evidence of an article's function. Such evidence is not deemed conclusive, but may be considered in our determination. The technical director at the United States Golf Association (USGA) has responded with an official ruling to your inquiry regarding the glove's legality in the game of golf. It was stated that the subject merchandise had been inspected by the USGA and it would not violate the Rules of Golf. For our purposes, this establishes that the USGA acknowledges this type of glove for use in the game of golf.

The glove's appearance, its limited function and the acknowledgement by the USGA indicates that the article at issue is a sport glove designed specifically for golf.

HOLDING:

The submitted article is classifiable under subheading 6116.92.0800, HTSUSA, which provides for gloves, ... knitted or crocheted: other: of cotton: ... all the foregoing specially designed for use in sports ... . The rate of duty is 5.5 percent ad valorem.

In order to ensure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), NYRL 862687 is modified to reflect the above classification effective with the date of this letter. 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. Any submission you wish to make should be received within 30 days of the date of this letter.

This modification is not retroactive. However, NYRL 862687 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e., merchandise previously ordered and arriving in the United States subsequent to this modification will be classified accordingly). If it can be shown that you relied on NYRL 862687 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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

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