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NY 884833




May 7, 1993

CLA-2-61:S:N:N5:354 884833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Mr. Pat Colavecchio
Sand & Siman, Inc.
18 Maryland Avenue
Paterson, NJ 07503

RE: The tariff classification of a textile glove from China.

Dear Mr. Colavecchio:

In your letter dated April 6, 1993, you requested a classification ruling.

Your submitted sample style 8780 is a full-fingered glove with a shell constructed from knit polyester fleece material. The lining is constructed from a knit man-made material fabric with an interlining of Thinsulate. The glove features fabric backed vinyl reinforcement across the knuckles, an elasticized wrist and a hook and a clasp. The glove also has an overlaid textile backed vinyl palm and thumb reinforcement. The essential character of the glove is imparted by the textile shell.

Although you assert that the item is a ski glove there are several negative factors which preclude classification as a ski glove:

1) The glove has a soft fleece exterior which will absorb and retain moisture, stretch out of shape and/or expand, and dry slowly, characteristics highly unsuitable to the sport of skiing where contact with the snow is a common occurrence.

2) The overall appearance of this glove indicates its similarity to the gloves sold as cold weather gloves in most department stores. The primary use of fleece material indicates a design for comfort and warmth, rather than for use in sports.

3) No evidence of marketing or sale of these gloves as ski gloves was provided.

4) Ski golves are sized S-XL, not one size as your sample indicates.

The applicable subheading for style 8780 will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: without fourchettes. The duty rate will be 19.8 percent ad valorem.

Style 8780 falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to quota restraints and visa 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 that you 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 your local Customs office.

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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