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NY 898206




June 13, 1994

CLA-2-61:S:N:N5:354 898206

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.0800; 6116.93.9400

Mr. Bruce L. Bentley
Grandoe Corporation
P.O. Box 713
Gloversville, NY 12078

RE: The tariff classification of textile gloves from the Philippines.

Dear Mr. Bentley:

In your letter dated May 17, 1994, you requested a tariff classification ruling.

Your submitted sample, style L4194, has a knit polyester fleece shell and sewn on cuffs. The palm and palm side of the fingers and thumb as well as overlays on the thumb/index crotch and outer side seams are constructed from vinyl coated knit fabric with a textured finish. The glove has a fleece lining. Additionally, it features a windproof breathable membrane and a partially elasticized wrist with a one inch wide strap that adjusts through a D-ring. The essential character of this glove is imparted by the textile shell.

Our Headquarters' office has previously ruled that gloves designed for use in cross-country skiing have the following characteristics:

1. Lightweight;

2. Back of the hand made of breathable material with or without perforations;

3. Wrist tightener to hold the glove firmly around the wrist and to prevent snow from entering;

4. Reinforcement on palm and along the thumb or reinforcement along the seam of the index finger and thumb to protect against the stress caused by the pole.

Since style L4194 is similar in all material respects to the glove ruled on, it is properly classifiable as a cross-country ski glove.

Your submitted sample, style M5216 is a unlined polyester fleece glove with an outseam construction. The glove features narrow vinyl coated knit fabric strips over the thumbprint, index finger and diagonally over the palm. In our opinion, the narrow strips are insufficient to adequately protect areas where a ski pole would cause stress.

The applicable subheading for style L4194 will be 6116.93.0800, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: other: of synthetic fibers: 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.

The applicable subheading for style M5216 will be 6116.93.9400, HTS, which provides for gloves, mittens and mitts: other: of synthetic fibers: other: other: with fourchettes. The rate of duty will be 19.8 percent ad valorem.

Articles classifiable under subheading 6116.93.0800, which are products of the Philippines are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Style M5216, falls within textile category designation 631. Based upon international textile trade agreements, products of the Philippines 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 Statues 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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