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HQ 951752


September 2, 1992

CLA-2 CO:R:C:T 951752 CC 858117

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.4600

Gary Hanson
Thunderwear
930-E Calle Negocio
San Clemente, CA 92672

RE: Classification of jet ski gloves; modification of NYRL 858117

Dear Mr. Hanson:

New York Ruling Letter (NYRL) 858117, dated December 10, 1990, concerned the classification of jet ski gloves from Korea under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had the occasion to review this ruling and find that the classification of the jet ski gloves is in error.

FACTS:

The merchandise at issue consists of gloves designed for the sport of jet skiing. Style T670-A is a full-fingered glove; Style T670-B is a half-fingered glove. The back of the hand of these gloves is made of neoprene laminated on both sides with a man-made knit fabric. The gloves feature a mid-cuff, a side vent, and a 2-inch strap, which is fastened by a hook and loop closure.

In NYRL 858117 we stated that the palm and palm side of the thumb were made of leather. That statement is incorrect. Further examination of the gloves has shown that this portion is actually made of Clarino, a non-woven synthetic leather material of man-made fibers. In NYRL 858117 it was determined that the material of the palm and palm side of the thumb imparted the essential character to this merchandise. Accordingly the gloves were classified under subheading 4203.21.8060, HTSUSA, which provides for articles of apparel and clothing accessories, of leather or of composition leather, gloves, mittens and mitts, specially designed for use in sports, other, other.

ISSUE:

How are the gloves at issue classified?

LAW AND ANALYSIS:

GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. IN NYRL 858117, it was determined that the material of the palm and palm side of the thumb imparted the essential character to this merchandise. We find that this determination is correct, since the material of the palm side of the glove makes up a substantial portion of the gloves and provides the grip needed when jet skiing. Because this material is made of non-woven man-made fibers, the gloves at issue are classified in Heading 6216, HTSUSA, which provides for articles of apparel and clothing accessories, not knitted or crocheted, gloves, mittens and mitts.

HOLDING:

The merchandise at issue is classified under subheading 6216.00.4600, HTSUSA, which provides for gloves, mittens and mitts, 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 NYRL 858117 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 NYRL 858117 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 858117 (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, NYRL 858117 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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