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NY 875275





July 8, 1992

CLA-2-61:62:S:N:N3H:354 875275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.3225; 6216.00.5235; 6216.00.0800

Mr. Jim Wilterink
Meijer, Inc.
2929 Walker Avenue, N.W.
Grand Rapids, MI 49504-9428

RE: The tariff classification of textile gloves from China

Dear Mr. Wilterink:

In your letter dated June 5, 1992, you requested a tariff classification ruling.

You have submitted five samples. Your first submitted sample, style 240 OC, is a glove with a woven textile shell of 100% nylon in an orange camouflage print with a plastic foam bonded to the inner surface. The glove has an textile-backed vinyl overlay on the palm, thumb, forefinger and the middle finger. The glove also has additional foam padding and textile backed vinyl reinforcement across the back of the knuckles, an elasticized wrist, an applied knit cuff and a hook and clasp. The glove has a strap which fastens over the wrist with a hook and loop closure through an O-ring. Style 240 BC is the identical glove in an brown camouflage print. The essential character of both gloves is imparted by the textile shell.

Your second submitted sample, style 01-2141, is a children's mitten with a woven textile shell of 100% nylon. The mitten has an textile-backed vinyl overlay on the palm and thumb. The mitten also has additional foam padding across the back of the knuckles, a partially elasticized wrist and a hook and clasp. This mitten has a strap which fastens with a hook and loop closure through an O-ring. The essential character of the mitten is imparted by the textile shell.

Your third submitted sample, style 01-4545, is a children's mitten with a woven textile shell of 100% nylon. The mitten has an textile-backed vinyl overlay on the palm and thumb. The glove also has additional foam padding across the back of the knuckles, an elasticized wrist, an applied knit cuff and a hook and clasp. The essential character of the mitten is imparted by the textile shell.

Your fourth submitted sample, style 01-G7106, is a glove with a woven textile shell of 100% nylon with a plastic foam bonded to the inner surface. The glove has an textile-backed vinyl overlay on the palm, thumb, forefinger and the middle finger. The glove also has additional foam padding across the back of the knuckles, an elasticized wrist and a hook and clasp. This glove also features a strap across the wrist that fastens trough an O-ring with a hook and loop closure. The essential character of the glove is imparted by the textile shell.

Your fifth submitted sample, style T1021/TR, is a glove with a woven textile shell of 65% polyester and 35% cotton with a plastic foam bonded to the inner surface. The glove has an textile-backed vinyl overlay on the palm, thumb, forefinger and the middle finger. The glove also has additional foam padding and internal textile-backed vinyl reinforcement over the knuckles, an elasticized wrist and a hook and clasp.

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.

Styles 01-2141, 01-4545 and 01-G7106 do not have internal vinyl reinforcement that is securely stitched over the knuckles. They are 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.

Styles 240 OC, 240 BC and T1021/TR are similar in all material respects to the glove before the court and show design for use in the sport of skiing.

The applicable subheading for style 01-G7106 will be 6216.00.3225, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: with fourchettes, subject to man-made fibers restraints. The rate of duty will be 14 percent ad valorem.

The applicable subheading for styles 01-2141 and 01-4545, will be 6216.00.5235, HTS, which provides for gloves, mittens and mitts: of man-made fibers: other, other: without fourchettes. The rate of duty will be 22 cents per kg. and 11 percent ad valorem.

The applicable subheading for style T1021/TR will be 6216.00.0800, HTS, which provides for gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: 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 will be 5.5 percent ad valorem.

Styles 01-2141, 01-4545 and 01-G7106 fall within textile category designation 631. Products of China are subject to quota restraints and visa requirements based upon international textile trade agreements.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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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