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April 2, 1999

CLA-2-62:RR:NC:TA:354 D88488

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.2925; 6216.00.4600

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, New York 10022-3219

RE: The tariff classification of gloves from China.

Dear Mr. Pellegrini:

In your letter dated March 4, 1999, you requested a classification ruling on behalf of Paris Asia, Ltd.

Three samples of gloves were submitted for review. Style 97-207W56, is a lined girls’(sizes 4 to 6X) glove with an outershell constructed of a woven 65% polyester 35% nylon fabric. The glove features a vinyl coated fabric palm patch which extends across the thumb, inner foam padding which is doubled on the backside, an elasticized wrist, a hook and clasp, padded internal knuckle reinforcement, fourchettes and a ribbed knit cuff. The glove will also be available as style 97-412W56 in sizes 7 to 14. The cumulation of features on the glove show a design for use in the sport of skiing. The essential character of the glove is imparted by the outershell woven man-made fabric material.

Style 97-208W56, is a lined and insulated girls’(sizes 4 to 6X) glove with an outershell constructed of a woven nylon fabric with an inner foam coating. The woven fabric exceeds 50% of the weight of the coated fabric. The glove features a vinyl coated fabric palm patch which extends across the thumb, heavy inner foam padding, an elasticized wrist, a hook and clasp, internal knuckle reinforcement, fourchettes and a fake fur cuff measuring approximately 2 inches in width. The presence of fake fur cuffs, which will absorb moisture, make the gloves undesirable and impractical as ski gloves. The glove will also be available as style 97-403W56 in sizes 7 to 14. The essential character of the glove is imparted by the woven man-made coated outershell material.

Style 96-204W56, is a lined and heavily foam padded girls’(sizes 4 to 6X) mitten with an outershell constructed of woven nylon fabric with an inner foam coating. The woven fabric exceeds 50% of the weight of the coated fabric. The glove features a vinyl coated fabric palm patch which extends across the thumb, an elasticized wrist, a hook and clasp, internal knuckle reinforcement and a fake fur cuff measuring approximately 2 inches in width. The presence of fake fur cuffs, which will absorb moisture, make the gloves undesirable and impractical as ski gloves. The essential character of the glove is imparted by the woven man-made coated outershell material.

The applicable subheading styles 97-207W56 and 97-412W56 will be 6216.00.4600, Harmonized Tariff Schedule of the United States (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 4.2 percent ad valorem.

The applicable subheading styles 97-208W56 and 97-403W56 will be 6216.00.2925, HTS, which provides for Gloves, mittens and mitts: impregnated, coated or coated with plastics or rubber: other: with fourchettes: containing 50 percent or more by weight of cotton, man-made fibers or any combination thereof, subject to man-made fiber restraints. The duty rate will be 13.6 percent ad valorem.

The applicable subheading style 96-204W56 will be 6216.00.2120, HTS, which provided for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: without fourchettes: cut and sewn from pre-existing machine-woven fabric that is impregnated, coated or covered with plastics or rubber: other: other . . . subject to man-made fiber restraints. The duty rate will be 21.3 cents per kilogram plus 10.6 percent ad valorem.

Styles 97-208W56, 97-403W56 and 96-204W56 fall within textile category designation 631. Based upon international textile trade agreements products of China within textile category designation 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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