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NY 803676




November 14, 1994

CLA-2-42:S:N5:354 803676

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Mr. A. Koven
I. Shalom & Co. Inc.
411 Fifth Avenue
New York, NY 10118

RE: The tariff classification of textile gloves from China.

Dear Mr. Koven:

In your letter dated October 24, 1994, you requested a classification ruling.

Your submitted sample, style 635-01, is a glove with an outer shell of knit polyester fleece. The glove features textile-backed vinyl reinforcement on the palm and the thumb, internal vinyl reinforcement over the knuckles, internal foam padding for the entire glove, an elasticized wrist and a hook and a clasp. The lining is a brushed man-made fiber material which has an interlining of Thinsulate.

You claim this glove is a ski glove. According to HRL 089589, dated August 19, 1991, several negative factors detract from classifications of this glove as a ski glove:

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

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

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

The applicable subheading for style 635-01, will be 6116.93.8800, Harmonized Tariff Schedule of the United States HTS, which provides for gloves, mittens and mitts: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.8 percent ad valorem.

Style 635-01, falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to visa restrictions and quota restraints.

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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