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May 28, 1999

CLA-2-62:RR:NC:TA:354 E81965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.9400; 6216.00.0800; 6216.00.4600

Ms. Karen Wilder
Moonstone Mountain Equipment
833 Indiana Street
San Francisco, California 94107

RE: The tariff classification of gloves from China.

Dear Ms. Wilder:

In your letter dated April 28, 1999, you requested a classification ruling. The submitted samples will be returned as per your request.

Four glove samples were provided for review. Your “XCR” glove style 1554655 (men’s) and style 1554656 (women’s) as submitted is constructed with a complete palmside from fingertips to wrist made of a not knit synthetic material. The backside of the sample glove is made of a three layer fabric consisting of two plies of knitted polyester fleece material with a PTFE laminate in the middle. The glove features a thumb/forefinger crotch reinforcement made of the the same material which comprises the palmside, a partially elasticized wrist, a knitted fabric cuff, a hook and clasp, and the Moonstone logo is embroidered across the backside knuckle area. You have indicated in your letter that you intend on producing this glove with a polyester fleece fabric laminated onto the interior of the palmside material. The cumulation of features on the glove show a design for use in the sport of cross country skiing. The essential character of the sample glove is imparted by the not knit synthetic palmside material. The essential character of the proposed production glove as indicated above would be imparted by the palmside material.

Your “SAUVAGE” glove style 1554651 (men’s) and style 1554650 (women’s) is a lined and insulated gauntlet style glove with the majority of the palmside including the fingers and thumb, the forefinger sidewall, and backside fingertips constructed of a 82% nylon 18% kevlar woven fabric. The balance of the glove is made of a woven nylon fabric coated on the underside with a PTFE laminate, with the exception of the brushed polyester backside forefinger and forefinger sidewall. The glove features pre-curved fingers, an elasticized wrist, padding on three of the backside fingers and knuckles, an adjustable elasticized drawstring bottom closure, a hook and clasp, and "Moonstone" is embroidered across the center of the backside gauntlet. The essential character of the glove is imparted by the coated woven nylon fabric. The cumulation of features show design for use in the sports of mountaineering and ice climbing.

Your “AERO” glove style 1554658 is constructed of a polyester fleece material. The glove features an elasticized rib knit cuff, a partially elasticized wrist, fourchettes and the Moonstone logo is embroidered across the backside knuckle area. The essential character of the glove is imparted by the knitted polyester shell material.

Your “TANGENT” glove style 1554657 (men’s) and style 1554659 (women’s) is a lined and insulated gauntlet style glove with the majority of the palmside including the fingers and thumb, and backside fingertips constructed of a polyurethane coated 76% polyester 24% kevlar woven fabric. With the exception of the brushed polyester backside forefinger and woven nylon backside middle fingers and thumb, the balance of the glove is made of a woven nylon fabric coated on the underside with a PTFE laminate. The glove features pre-curved fingers, an elasticized wrist, an adjustable elasticized drawstring bottom closure, a hook and clasp, and "Moonstone" is embroidered across the center of the backside gauntlet. The essential character of the glove is imparted by the coated woven nylon fabric. The cumulation of features show design for use in the sports of downhill skiing and snowboarding.

The applicable subheading for the “XCR” glove style 1554655 (men’s) and style 1554656 (women’s) as submitted 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 for the “SAUVAGE” glove styles 1554651 (men’s) and style 1554650 (women’s), “TANGENT” glove style 1554657 (men’s) and style 1554659 (women’s), and the proposed coated fabric “XCR” glove style 1554655 (men’s) and style 1554656 (women’s) 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 3.2 percent ad valorem.

The applicable subheading for the “AERO” glove style 1554658 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.

The “AERO” glove style 1554658 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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