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NY F80473




December 14, 1999

CLA-2-62:RR:NC:TA:354 F80473

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5820

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 November 24, 1999, you requested a classification ruling on behalf of Paris Asia, Ltd.

The submitted sample, style 5820, is a women’s lined and insulated glove with a complete palmside and backside from fingertips to wrist constructed of a woven nylon material. The balance of the outershell which includes the fourchettes, sidewalls and folded over cuff is constructed of a ribbed knit acrylic fabric. The glove features a vinyl coated fabric palm patch which extends across the thumb, a partially elasticized wrist, a hook and clasp, and a padded internal knuckle reinforcement.

In your letter you assert that the sample will be used as a ski glove and list the characteristics deemed indicative of a ski glove design as set forth in Stonewall Trading Company vs. United States, 64 Cust. Ct. 482, C.D. 4023 (1970). However, our examination of the subject merchandise indicates that while the glove may technically meet the guidelines set forth in Stonewall, the glove is nevertheless ill-suited for use in skiing due to the fabric construction of the outershell. The fourchettes, sidewalls and cuffs are constructed from acrylic knit fibers to which snow tends to adhere. This fabric easily absorbs water and allows that water to pass to the hands of the wearer. Obviously, this is not an acceptable characteristic for a ski glove. For the aforementioned reason, it is clear that this glove is not practical for use in skiing.

The applicable subheading for style 5820 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. In 2000, the rate of duty will be 21.2 cents per kilogram plus 10.6 percent ad valorem.

Style 5820 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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