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NY 885375




May 20, 1993

CLA-2-61:S:N:N5:354 885375

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Mr. Mark McEwen
A.N. Deringer Inc.
P.O. Box 284
Highgate Springs, VT 05460

RE: The tariff classification of textile gloves from Korea.

Dear Mr. Mc Ewen:

In your letter dated April 16, 1993, on behalf of Gordini U.S.A., Inc., you requested a classification ruling.

You have submitted four samples. Your first submitted sample style 023 is a full-fingered glove with a shell constructed from knit polyester fleece material. The glove features an extended gauntlet with a closed center vent, an elasticized wrist and a hook and a clasp. The glove also has a leather overlaid palm and thumb reinforcement. The essential character of the glove is imparted by the textile shell.

Your second submitted sample style 837 is a full-fingered glove with a shell constructed from knit polyester fleece material. The lining is constructed from a knit man-made material fabric. The glove features a partially elasticized wrist, a one inch strap that fastens through a D-ring with a hook and loop closure, a waterproff interliner and a hook and a clasp. The glove also has a leather overlaid palm and thumb reinforcement. The essential character of the glove is imparted by the textile shell.

Your third submitted sample style 7239 is a mitten with a shell constructed from knit polyester fleece material. The lining is constructed from a knit man-made material fabric. The mitten features a partially elasticized wrist, a one inch strap that fastens through a D-ring with a hook and loop closure, a waterproof interliner and a hook and a clasp. The mitten also has a leather overlaid palm and thumb reinforcement. The essential character of the glove is imparted by the textile shell.

Your fourth submitted sample style 3837 is a full-fingered unlined glove with a shell constructed from knit polyester fleece material. The glove features an elasticized wrist and a hook and a clasp. The glove also has a leather overlaid palm and thumb reinforcement. The essential character of the glove is imparted by the textile shell.

Although you assert that the items are ski gloves there are several negative factors which preclude classification as ski gloves:

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

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

3) The gloves lack padded textile backed reinforcement across the back of the knuckles.

The applicable subheading for all styles 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: without fourchettes. The duty rate will be 19.8 percent ad valorem.

All Styles fall within textile category designation 631. Based upon international textile trade agreements, products of Korea 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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