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January 14, 1999

CLA-2-61:RR:NC:TA:354 D85673

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.9500; 6116.92.6420; 6116.93.9400

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

RE: The tariff classification of gloves from China.

Dear Mr. Vollmerhausen:

In your letter dated December 9, 1998, you requested a classification ruling.

Five glove samples were provided for review. Style 86-01-48 is a clute cut work glove constructed of a knitted cotton fabric in a camouflage print which is brushed on the underside. The glove features a ribbed knit cuff. With the exception of the solid orange fabric, Style 86-01-49 is the same as 86-01-48.

Style 80-34-71 is a lined and insulated gauntlet glove constructed of a vinyl coated knitted fabric which covers the complete palmside from fingertips to cuff, the complete thumb, sidewalls, fourchettes, and on the backside reinforcements the fingertips and trims the gauntlet. The vinyl coating exceeds 50% of the weight of the knitted fabric. The backside of the glove is made of a knitted ragwool. The glove features a partially elasticized wrist, a backside textile wrist strap which tightens by means of hook and loop fabric, foam padding on the backside, and a hook and clasp.

Style 80-34-73 is a lined and insulated glove constructed of a fleece knitted acrylic outershell in a camouflage pattern. The glove features a waterproof barrier, a synthetic leather palm patch, a partially elasticized wrist, a backside textile wrist strap which tightens by means of hook and loop fabric, inner foam padding, a hook and clasp and a ribbed knit cuff. With the exception of the solid orange fabric, Style 80-34-74 is the same glove as 80-34-73.

The applicable subheading for styles 86-01-48 and 86-01-49 will be 6116.92.6420, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: made from a pre-existing machine knit fabric: without fourchettes . . . jersey type, brushed or napped fabric. The duty rate will be 24.2 percent ad valorem.

The applicable subheading for style 80-34-71 will be 6116.10.9500, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: with fourchettes: other. The duty rate will be 10.5 percent ad valorem.

The applicable subheading for the styles 80-34-73 and 80-34-74 will be 6116.93.9400, HTS, which provides Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.2 percent ad valorem.

Styles 86-01-48 and 86-01-49 fall within textile category designation 331, and styles 80-34-73 and 80-34-74 fall within textile category designation 631. Based upon international textile trade agreements products of China within textile categories 331 and 631 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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