NY 0851370 - The tariff classification of a woven textile glove from China. - United States International Trade Commision Rulings

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NY 851370

April 30, 1990

CLA-2-62:S:N:N3H:354 851370

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.4845

Ms. Cynthia Friedel
The Glove Source
9365 Gerwig Lane
Columbia, MD 21046

RE: The tariff classification of a woven textile glove from China.

Dear Ms. Friedel:

In your letter dated April 9, 1990, you requested a tariff classification ruling.

Your submitted sample, style 6350, is a woman's glove with a woven textile shell described as being of 100% nylon. This glove has leather palm and thumb reinforcement. This glove also has internal textile-backed vinyl with an additional layer of foam padding across the back of the knuckles, an elasticized wrist and a hook and clasp. The back of the wrist has a 1" wide textile strap with a hook and loop fastener that is slipped through a D- ring. The essential character of this glove is imparted by the textile shell.

In the case of Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4023 (1970), the Customs Court held that certain vinyl gloves were properly classifiable under the provision for other ski equipment, in item 734.97, TSUS (now provided for in various U.S. subheadings). These gloves were found to have the following characteristics:

1. a hook and clasp to hold the gloves together;

2. an extra piece of vinyl stitched along the thumb portion to meet the stress caused by the flexing of the knuckles when the skier grasps the ski pole;

3. an extra piece of red colored vinyl with padding reinforcement and inside stitching, which is securely stitched across the middle of the glove where the knuckles bend and cause stress;

4. cuffs with an elastic gauntlet to hold the gloves firm around the wrist, so as to be waterproof, and to keep it securely on the hand.

Although your glove has what appears to be leather palm and thumb reinforcement, we note that the shell is incomplete underneath this piece. Noting that your glove lacks the reinforcement across the palm and thumb, it is not similar in all material respects to the glove before the court. Accordingly, classification under the subheadings for ski gloves, mittens or mitts is precluded.

The applicable subheading for the glove, style 6350, will be 6216.00.4845, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: other: with fourchettes. The rate of duty will be 22 cents per kg plus 11 percent ad valorem.

Your glove, style 6350, falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to quota restraints and visa 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. 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 avaiable for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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