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April 6, 1999

CLA-2-62:RR:NC:TA:354 D88991

CATEGORY: CLASSIFICATION

TARIFF NO.: 4203.29.1500; 6216.00.2925; 6216.00.5820

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, California 90250

RE: The tariff classification of gloves from China.

Dear Mr. Gonzalez:

In your letter dated February 25, 1999, you requested a classification ruling on behalf of Intersport Fashions West, Inc.

Five glove samples were submitted for review. Style FXRG Leather is a lined gauntlet style glove constructed of cowhide leather with a waterproof barrier and an elasticized wrist. Dot coated kevlar fabric inserts cover the palmside fingers and a portion of the center palm extending across the thumb. The glove also features a leather strap wrist tightener with hook and loop closure, fourchettes, inner backside foam padding and insulation, and a "Harley Davidson FXRG" rubber label is sewn on the backside cuff. The essential character is imparted by the cowhide leather outershell material.

With the exception of the woven nylon outershell and wrist strap, style FXRG Textile is identical to style FXRG Leather. The essential character of the FXRG Textile glove is imparted by the woven nylon outershell material.

Style Whitney-007 is a lined gauntlet style glove with an outershell constructed of a woven man-made fabric with an underside coating. The coating weights less then 50% of the woven fabric. A leather insert covers a portion of the palm and extends across the thumb. The glove has an inner foam padding which is doubled on the backside where it is also insulated. Additional features include an elasticized wrist, fourchettes and sidewalls, a hook and clasp, a "FirstGear" rubber label is sewn across the backside knuckle area and a backside vinyl gauntlet tightener which is secured by means of a hook and loop fabric. The essential character is imparted by the woven man-made fabric outershell material.

Style McKinley-025 is a lined gauntlet style glove constructed of a woven man-made fabric outershell with a waterproof barrier and an elasticized wrist. The glove has palmside leather overlays at the middle of the palm extending across the thumb, at the thumb/forefinger crotch and covering the forefinger and one middle finger. The backside forefinger and one of the middle fingers is overlaid with a leather suede material. Additional features include inner foam padding which is doubled on the backside where it is also insulated, fourchettes and sidewalls, backside knuckle padding, a backside zipper securing the gauntlet cuff, a hook and clasp, a "FirstGear" rubber label is sewn on the backside cuff, coated fabric trim at the gauntlet cuff, and coated fabric edging outlining the back of the glove, the zipper and knuckle area. The essential character is imparted by the woven man-made fabric outershell material.

Style Chief-001 was also submitted for classification review. Please note that this style was included in the ruling NY C88230 which was issued to you on May 29, 1998.

The applicable subheading for FXRG Leather will be 4203.29.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: gloves, mittens and mitts: other: other: with fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The rate of duty will be 14 percent ad valorem.

The applicable subheading for FXRG Textile and McKinley-025 will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes . . . other. The rate of duty will be 21.4 cents per kilogram plus 10.7 percent ad valorem.

The applicable subheading for Whitney-007 will be 6216.00.2925, Harmonized Tariff Schedule of the United States (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.

Styles FXRG Textile, McKinley-025 and Whitney-007 fall 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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