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NY 887942




July 28, 1993

CLA-2-61:S:N5:354 887942

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Ms. Kim Greenwood
Esprit De Corp.
900 Minnesota Street
San Francisco, CA 94107

RE: The tariff classification of polyester gloves in a vinyl case from Hong Kong.

Dear Ms. Greenwood:

In your letter dated June 30, 1993, you requested a classification ruling.

Your submitted sample, style 870616, is a pair of unlined gloves of 100% knitted polyester fleece. The gloves feature elasticized wrists and hemmed cuffs. The gloves will be imported in a clear vinyl envelope shaped case measuring 5-3/4 by 9-3/4 inches. The case features the ESPRIT logo patch in close proximity to a snap closure.

You inquirer as to whether the plastic case is classifiable together with the gloves or separately. Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1 through 6. The systematic detail of the HTSUSAQ is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

GRI 5(a) provides that container specially shaped or fitted to contain specific articles, suitable for long-term use and enterd with the articles, shall be classified with such articles when of a kind normally sold therewith. In addition, pursuant to GRI 5 (b), packing materials and packing containers are also classified with the goods. However, the provision does not apply if the packing material and packing containers are clearly suitable for repetitive use.

Gri 5 (a) does not apply to the case because it is not specially shaped or fitted to contain the gloves. GRI (b) applies if the case is found to be not suitable for repetitive use. Following the rationale of several court decisions we conclude that the instant plastic case is not suitable for repetitive use in the Customs sense and that the cases must be classified with their contents pursuant to GRI (b).

The applicable subheading for style 870616, 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: other: without fourchettes. The duty rate will be 19.8 percent ad valorem.

Style 870616 falls within textile category designation 631. Based upon international textile trade agreements, products of Hong Kong are subject to 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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