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NY F84742




April 4, 2000

CLA-2-61:RR:NC:TA:354 F84742

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.1050; 4203.29.3010; 6116.92.6420

Mr. Keith Edwards
George Glove Company, Inc.
301 Greenwood Avenue
Midland Park, New Jersey 07432

RE: The tariff classification of gloves from Korea, Hong Kong and China.

Dear Mr. Edwards:

In your letter dated March 20, 2000, you requested a classification ruling.

Four samples were provided for review. Style 90000 is a goatskin leather glove featuring fourchettes, perforated fingers, a hemmed bottom and a partially elasticized vented wrist with a leather tab hook and loop fabric closure.

Style 21638 is a half-fingered glove constructed of a 90% cotton 10% spandex knitted fabric with overlock stitching at the finger openings and a hemmed bottom.

Styles 13756 and 90741 are gloves which will be constructed of either a 90% cotton 10% spandex knitted fabric or a 95% cotton 5% spandex knitted fabric. The gloves have a hemmed bottom.

Style DV000 is a glove constructed of a finely knit fabric with an exterior coating of celluar vinyl. The glove features a sewn in acrylic fleece lining, fourchettes and a hemmed bottom. The cellular vinyl coated shell material imparts the essential character of the glove.

With regards to the cellular vinyl coated shell material of style DV000 we note that:

The classification of plastics and textile combinations is essentially governed by Note 1 (h) to Section XI, Note 3 to Chapter 56 and Note 2 to Chapter 59. Legal Note 2 to Chapter 59 provides, in pertinent part, that:

Heading 5903 applies to:

Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:. . .

(5) Plates, sheets or strip of cellular plastics combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (Chapter 39); . . .

In style DV000, the finely knit textile fabric is present to merely reinforce the vinyl. The gloves are therefore classified in chapter 39.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for style 90000 will be 4203.29.3010, 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: other: men's . . . not lined. The rate of duty will be 14 percent ad valorem.

The applicable subheading for styles 21638, 13756 and 90741 will be 6116.92.6420, 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 24.1 percent ad valorem.

The applicable subheading for style DV000 will be 3926.20.1050, HTS, which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories (including gloves): Gloves: Seamless . . . Other: Other. The rate of duty will be Free.

Styles 21638, 13756, and 90741 fall within textile category designation 331. Based upon international textile trade agreements products of Korea, Hong Kong and 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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