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HQ 950044


October 2, 1991

CLA-2 CO:R:C:T 950044 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.4600

Stephen S. Spraitzar, Esq.
Law Offices of George R. Tuttle
Three Embarcadero Center
Suite 1160
San Francisco, CA 94111

RE: Classification of motocross gloves; modification of HRL 083645

Dear Mr. Spraitzar:

In Headquarters Ruling Letter (HRL) 083645, dated March 1, 1990, we classified certain motocross gloves (Pawtectors, Paw 2, and Dirtpaws) under subheading 6216.00.6000 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provided for gloves, mittens and mitts, not knitted or crocheted, other, other, other. We have had the occasion to review this ruling and find that it is in error at the subheading level for those gloves.

FACTS:

The Pawtector glove is constructed from synthetic leather (60 percent polyamide, 40 percent polyurethane), nylon knitted fabric and vinyl protective strips. The palm, inner wrist and inside fingers of the glove are of nonwoven fabric (synthetic leather); additional patches of blue synthetic leather are sewn on the thumb and palm. The fourchettes and back are made of nylon knit fabric. Attached to the back of the glove are protective strips of vinyl with foam rubber backing, the function of which is to protect the wearer's hand from injury due to flying debris or in the event of a fall. A hook and loop fastener around the wrist allows the glove to be drawn tightly shut.

The Paw 2 is also made of synthetic leather inners, nylon knit fourchettes and uppers, and a velcro-type strap. In this respect they are identical to the Pawtector. However, the protective backing of the Paw 2 differs slightly from that of the Pawtector in that the backing is made solely from polyurethane rather than from vinyl and foam rubber.

The Dirtpaws have a knit nylon base onto which synthetic leather palms and fingers have been sewn. The top of the glove is covered by vinyl protective strips; however, unlike the Pawtectors and Paws 2, the protective strips do not extend the length of the fingers but stop at the knuckle.

ISSUE:

How are the gloves at issue classified under the HTSUSA?

LAW AND ANALYSIS:

In HRL 088431, dated September 3, 1991, we classified motocross gloves, which are essentially of the same composition as the above-mentioned gloves of HRL 083645, under subheading 6216.00.4600, HTSUSA, which provides for gloves, mittens and mitts, not knitted or crocheted, other, of man-made fibers, other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. Instead of repeating the reasoning and analysis for this classification, we are enclosing a copy of HRL 088431 for your review.

Based on the findings set forth in HRL 088431, dated September 3, 1991, the motocross gloves of HRL 083645 are classified under subheading 6216.00.4600, HTSUSA.

HOLDING:

The gloves at issue (Pawtectors, Paw 2, and Dirtpaws) are classified under subheading 6216.00.4600, HTSUSA, which provides for gloves, mittens and mitts, not knitted or crocheted, other, of man-made fibers, other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty is 5.5 percent ad valorem. No textile category is currently assigned to merchandise classified under this subheading.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HRL 083645 to reflect the above classification effective with the date of this letter. However, 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 for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of HRL 083645 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to HRL 083645 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 083645 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 this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

John Durant, Director

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