HQ 0950053 - Classification of disposable inner gloves; 6216, HTSUSA; hospital gloves; non-woven rayon; not knitted or crocheted - United States International Trade Commision Rulings

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HQ 950053

November 6, 1991

CLA-2 C:O:R:C:T 950053 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5235

Mr. Eliseo C. Ocampo, Jr.
Embassy of the Philippines
Office of the Commercial Counselor
1617 Massachusetts Avenue, N.W.
Washington, D.C. 20036

RE: Classification of disposable inner gloves; 6216, HTSUSA; hospital gloves; non-woven rayon; not knitted or crocheted

Dear Mr. Ocampo:

This is in response to your letter of July 22, 1991, requesting a binding ruling for two styles of disposable inner gloves.

FACTS:

Two samples were submitted. The first sample is a fingerless and thumbless glove made from a spun bonded non-woven rayon material. The second sample is a full fingered glove which extends past the wrist and is made from the same material. Both gloves are described as disposable inner gloves for hospital use and may be worn on either hand. The gloves will be imported from the Philippines.

ISSUE:

Whether classification of the disposable inner gloves is proper under heading 6216 of the Harmonized Tariff Schedule of the Unites States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Heading 6216, HTSUSA, provides for gloves, mittens and mitts. The Explanatory Notes to heading 6216, HTSUSA, state that this provision covers gloves and mittens of textile fabrics other than knitted or crocheted fabric. The submitted samples are non-woven gloves of textile material and therefore are properly classifiable within this provision of the Nomenclature.

HOLDING:

The submitted samples are properly classifiable under subheading 6216.00.5235, HTSUSA, which provides for gloves, mittens and mitts: other: of man-made fibers: other ... other: without fourchettes. The applicable rate of duty is 22 cents per kilogram plus 11 percent ad valorem. The textile category is 631.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact his local Customs office prior to importation of this merchandise to determine the current status of any import restraints or 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 the importer 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 available for inspection at the importer's local Customs office.

Sincerely,

John Durant, Director
Commercial Rulings Division

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