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HQ 088636


October 29, 1991

CLA-2 CO:R:C:T 088636 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.4600

Ms. Carole J. South
Import Supervisor
Vital International Freight Services, Inc. P.O. Box 4337
Inglewood, CA 90309

RE: Motocross gloves of textiles and plastics.

Dear Ms. South:

This is in reply to your letter of January 16, 1991. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of motocross gloves, produced in Korea. Samples you submitted to Customs for examination will be returned under separate cover.

FACTS:

The merchandise at issue consists of two styles of motocross gloves, Series 21 and 36. They are full fingered gloves with a synthetic palm (Clarino ) and palm side of the finger and thumb. Textile backed foam padding is sewn underneath the palm. The thumb of both gloves is reinforced with an overlay of synthetic suede. The back side of the hand and thumb is constructed from nylon knitted mesh fabric. The fourchettes and sidewalls are made of nylon and spandex knit fabric. The back of the hand of Series 21 is covered with irregular shaped pieces of cellular plastic backed with knit fabric. This glove also features a hook and loop strap closure. Series 36 features an applied knit cuff and molded plastic vents sewn to the back of the hand to permit air circulation and to provide circulation.

ISSUE:

Whether the gloves are considered of textiles or of plastics for classification purposes under the HTSUSA?

LAW AND ANALYSIS:

In HRL 088431 of September 3, 1991, we classified substantially similar motocross gloves under Chapter 62, HTSUSA, as other gloves of man-made fibers specially designed for use in sports. The rationale used in HRL 088431 is controlling upon your merchandise, and this ruling fully adopts the analysis therein. A copy is enclosed for your
information.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6216.00.4600, HTSUSA, as gloves, mittens and mitts, other, of man-made fibers, other gloves, mittens and mitts, all the foregoing designed specially for use in sports, including ski and snowmobile gloves, mittens and mitts. The applicable rate of duty is 5.5 percent ad valorem.

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,


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