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NY C87320





May 18, 1998

CLA-2-62:RR:NC:TA:354 C87320

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.0800; 6116.93.8800; 6216.00.0800

Ms. Susan Hou
Marmot Mountain Ltd.
2321 Circadian Way
Santa Rosa, California 95407

RE: The tariff classification of gloves from China.

Dear Ms. Hou:

In your letter which was received on April 20, 1998, you requested a classification ruling. The provided samples will be returned as per your request.

Three samples were provided for review. Style 1799 is a gauntlet style mitten with a palmside from fingertips to wrist, including the thumb, constructed of a rubber coated knitted fabric, the balance of the mitten is made of a woven polyester fabric. The mitten features pre-curved fingers, a backside woven fabric wrist strap which provides tightening, an adjustable elasticized drawstring bottom closure, an eight inch long shoe lace-like adjustable loop to attach the mitten to the wearer's wrist, and "Marmot" embroidered on the center of the backside gauntlet. Style 1799 also features a removable inner mitten constructed of knitted polyester fleece fabric with a coated textile palm patch which extends across the thumb, an elasticized wrist and a hemmed bottom. The cumulation of features on the style 1799 outer shell show design for use in the sport of mountaineering.

Style 1727 is a lined gauntlet style mitten with a palmside from fingertips to wrist, including the thumb, sidewalls, and a backside fingertips overlay constructed of a neoprene coated woven fabric, the balance of the mitten is made of three different woven man-made fabrics. The mitten features pre-curved fingers, a partially elasticized wrist, a backside woven fabric wrist strap which provides tightening, an adjustable elasticized drawstring bottom closure, an eight inch long shoe lace-like adjustable loop to attach the mitten to the wearer's wrist, a hook and clasp, and "Marmot" embroidered vertically off-center on the backside gauntlet. The cumulation of features show design for use in the sport of mountaineering.

The applicable subheading for the style 1799 outer shell will be 6116.10.0800, 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 gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 4.4 percent ad valorem.

The applicable subheading for style 1799 removable inner mitten 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 19.3 percent ad valorem.

The applicable subheading for style 1727 will be 6216.00.0800, HTS, which provides for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The duty rate will be 3.6 percent ad valorem.

The style 1799 removable inner mitten falls within textile category designation 631. 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 212-466-5880.

Sincerely,

Robert B. Swierupski
Director,

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