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NY 875276




July 8, 1992

CLA-2-62:S:N:N3H:354 875276

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.0800; 6216.00.3225

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 01-5784, 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 and thumb. The glove also has additional foam padding and internal textile- backed vinyl reinforcement over the knuckles, a partially elasticized wrist, an applied knit cuff and a hook and clasp. This glove also features a wrist strap that fastens through an O- ring and is secured by a hook and loop closure.

Your second submitted sample, style 01-1665, 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 and thumb. The glove also has additional foam padding and internal textile-backed vinyl reinforcement over the knuckles, an elasticized wrist, an applied knit cuff and a hook and clasp.

Your third submitted sample, style 01-2201B, is a boys' mitten with a woven textile shell of 100% nylon with a plastic foam bonded to the inner surface. The mitten has an textile- backed vinyl overlay on the palm and thumb. The mitten also has additional foam padding and an elasticized wrist, an applied knit cuff and a hook and clasp.

Your fourth submitted sample, style 01-9124, 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 and thumb. The glove also has additional foam padding across the back of the knuckles, internal textile-backed vinyl reinforcement over the knuckles, a partially elasticized wrist, an applied knit cuff and a hook and clasp. This glove also features a wrist strap that fastens through an O-ring and is secured by a hook and loop closure.

Your fifth submitted sample, style 01-9120, 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 and thumb. The glove also has additional foam padding and internal textile-backed vinyl reinforcement over the knuckles, a partially elasticized wrist, an applied knit cuff and a hook and clasp. This glove also features a wrist strap that fastens through an O-ring and is secured by a hook and loop closure.

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 01-5784, 01-1665, 01-9124 and 01-9120 are similar in all material respects to the glove before the court, and shows design for use in the sport of skiing.

Style 01-2201B does not have internal vinyl reinforcement that is securely stitched over the knuckles. The glove is 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.

The applicable subheading for styles 01-5784, 01-1665, 01-9124 and 01-9120 will be 6216.00.0800, Harmonized Tariff Schedule of the United States (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 snow mobile gloves, mittens and mitts. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for style 01-2201B will be 6216.00.3225, 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.

Style 01-2201B 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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