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NY 810724





June 9, 1995

CLA-2-62:S:N5:354 810724

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5820

Ms. Lisa Brown
Gloves, Division of UIDC Corporation
1101 Business Parkway South
Westminster, MD 21157

RE: The tariff classification of a man-made glove from China.

Dear Ms. Brown:

In your letter dated May 22, 1995, you requested a classification ruling.

Your submitted sample, style 5802 is a lined glove with a shell of 100% nylon fabric. The glove features acrylic knit fourchettes and sidewalls. The lining is made of a knit fabric and "Thinsulate". Additionally, the glove has internal textile-backed reinforcement and foam padding across the knuckles, a partially elasticized wrist and a hook and a clasp. The glove has a leather overlay reinforcement on the palm and the thumb. The essential character is imparted by the textile shell. You claim this glove to be a ski glove.

In HRL 952200 similarly constructed gloves were not classified under the sports glove provision. The reasoning for that decision follows:

Although the gloves at issue may technically meet the Stonewall criteria, other factors are present which indicate that they are not designed for the sport of skiing. First, the fourchettes and sidewalls are made of acrylic knit fabric which absorbs water. Thus, these gloves are not effective in protecting the wearer's hands from water and moisture. Second, the elasticized wrist are not sufficiently tight to prevent snow and water from entering the gloves. Thirdly, there has been no evidence presented that this merchandise will be marketed or sold as ski gloves.

Accordingly, style 5802 will not be classified as a ski glove.

The applicable subheading for style 5802, will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens or mitts: other: of man-made fibers: other: with fourchettes. The duty rate will be 21.9 cents per kg. and 10.9 percent ad valorem.

Style 5802, 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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