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NY A82943




May 22, 1996

CLA-2-61:RR:NC:WA:354 A82943

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.5510; 6116.91.0000; 6116.93.0800; 6216.00.4600

Mr. William A. Vollmerhausen
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of gloves from China

Dear Mr. Vollmerhausen:

In your letter dated April 18, 1996, you requested a classification ruling.

Style J3538 (code 80-37-40) is a 60% cotton 40% polyester fleece knit glove. The unlined cut and sewn glove features a plastic dot coated palm side and a rib knit cuff.

Style K2040 (code 80-37-01) is a lined 100% acrylic knit half-fingered glove. The glove features an attached lined fold over cap which serves to cover the fingertips like a mitten. A plastic material overlay extends across the palm and full fingered thumb. The back side has two hook and loop fabric squares, one at the tip of the cap and one at the wrist, which permit the cap to be secured when not in use. Style K2041 (code 80-37-02) is similarly constructed using 85% wool 15% nylon knit fabric.

Style K2043 (code 80-31-71) is 65% polyester 35% cotton woven mitten with a cotton fleece full fingered sewn-in glove liner. Slits in the woven palm and thumb enable the wearer to freely use their fingers and thumb. In addition the thumb and index finger of the knit liner have slits to expose the finger and thumb. The mittens also feature a textured plastic material overlay extending across the palm and thumb, an elasticized wrist and a hook and clasp. Style K2044 (code 80-37-42) is similarly constructed using a 100% nylon woven outer shell fabric. The culmination of features indicate that both styles are specially designed for use in the sport of shooting/hunting.

The applicable subheading for J3538 will be 6116.10.5510, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: . . . containing 50 percent or more by weight of cotton, man-made fiber or other textile fibers, or any combination thereof, subject to cotton restraints. The duty rate will be 13.8 percent ad valorem.

The applicable subheading for K2040 will be 6116.93.8800, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.6 percent ad valorem.

The applicable subheading for K2041 will be 6116.91.0000, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of wool. The duty rate will be 32.7 cents per kg. plus 7.3 percent ad valorem.

The applicable subheading for K2043 and K2044 will be 6216.00.4600, HTS, which provides for gloves, mittens and mitts: other: of man-made fibers . . . all the foregoing specially designed for use in sports, . . . The duty rate will be 5 percent ad valorem.

Style J3538 falls within textile category designation 331, style K2040 within 631 and K2041 within 431. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-4880.

Sincerely,

Roger J. Silvestri
Director

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