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NY D80023


July 30, 1998

CLA-2-62:RR:NC:TA:354 D80023

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.4820; 6116.93.8800; 6116.93.9400; 6216.00.4600.

Mr. Gary Schloss

Tabar, Inc.

58 Pine Street

New Canaan, Connecticut 06840

RE: The tariff classification of gloves from Sri Lanka, Thailand or China.

Dear Mr. Schloss:

In your letter dated July 3, 1998, you requested a tariff classification ruling.

Four samples of gloves were submitted for review. Style 1786 is a two ply polyester fleece glove with PVC patch overlays down the fingers and across the palm. The glove features sidewalls and fourchettes, an elasticized wrist, a hook and clasp, "The North Face" embroidered on the lower backside knuckle area and a 2 1/2 inch cuff with a hemmed bottom. The essential character is imparted by the polyester fleece shell material.

The submitted sample of style 89254 is a gunn cut glove constructed of a three layer fabric consisting of two plies of knitted nylon material with a laminate of PTFE in the middle. The nylon material portion weights over 50% of the fabric. The glove features an elasticized wrist, a hook and clasp, and a 1 1/2 inch cuff with a hemmed bottom. The essential character is imparted by the coated knitted nylon shell material. In your letter you mention possible variances to style 89254, please note we are unable to rule on apparel items without actual samples.

Style 2262 is a gauntlet style mitten constructed of a double layer of 300 weight polyester fleece with PVC patch overlays across the palm area and thumb. The mitten features sidewalls, pre-curved finger construction, an elasticized wrist, and a hook and clasp. The essential character is imparted by the knitted polyester shell material.

Style 225550 is a glove with a palm, fingertips to wrist, constructed of a two ply fabric with a synthetic suede outer surface. The remainder of the glove is made of a three ply fabric consisting of two plies of fleece material with a laminate of PTFE in the middle. The glove features synthetic suede overlays at the thumb/forefinger crotch and at the side seam by the base of the hook and clasp, a partially elasticized wrist, sidewalls and fourchettes, backside embroideries include "West Marine" at the lower knuckle area and "Gore Windstopper" on the hemmed 2 1/2 inch cuff. The culmination of features indicates design for use in water sports. The essential character is imparted by the amara palmside material.

Please note, on future ruling references all samples should be tagged with corresponding style numbers.

The applicable subheading for style 1786 will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for style 89254 will be 6116.10.4820, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: other

. . . subject to man-made fiber restraints. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for style 2262 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 225550 will be 6216.00.4600, HTS, which provides for Gloves, mittens and mitts: other: of man-made fibers: 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.

Styles 1786, 89254, and 2262 fall within textile category designation 631. Based upon international textile trade agreements products of Sri Lanka, Thailand and 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,


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