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NY G80587




September 14, 2000

CLA-2-61:RR:NC:TAB:354 G80587

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.92.8800; 6116.99.9530

Ms. Sheila Jones
Beijing Trade Exchange, Inc.
Washington, DC 20003

RE: The tariff classification of gloves from China

Dear Ms. Jones:

In your letter dated August 10, 2000, you requested a classification ruling. The provided samples will be returned as per your request.

Style KQ 0 is a 100% polyester string-knit glove. The glove features a self rib-knit overedged cuff.

Style KQ III is a string-knit glove made of 95% polyester 5% stainless steel thread. The plied yarn used consists of a core made up of three twisted stainless steel threads covered by twisted polyester yarns. The cut-resistant glove features a self rib-knit overedged cuff.

Heading 5605, HTSUSA, provides for inter alia, yarn consisting of metal plus any textile material, including strips, obtained by twisting, cabling or gimping, whatever the proportion of metal present. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 5605, state in pertinent part:

This heading covers:

(1) Yarn consisting of any textile material (including monofilament, strip and the like and paper yarn) combined with metal thread or strip, whether obtained by a process of twisting, cabling or by gimping, whatever the proportion of metal present. * * *

For style KQ III, the construction of the yarn is described in EN(1). Accordingly, the yarn used in making the item is a metalized yarn of heading 5605, HTSUSA. For tariff purposes metalized yarn is considered to be “other” textile material, i.e. not man-made fiber. However, in determining the classification of these garments at the statistical level (10 digits), we must look at all the components as directed by Statistical Note (2) to Section XI, HTSUSA, which states in pertinent part: (c) The term "subject to man-made fiber restraints" means articles not provided for in (a) or (b) above and the man-made fiber component, or the man-made fibers and any cotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.

The applicable subheading for style KQ 0 will be 6116.92.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: other: without fourchettes. The duty rate will be 9.6 percent ad valorem.

The applicable subheading for style KQ III will be 6116.99.9530, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of other textile materials: other: subject to man-made fiber restraints. The duty rate will be 3.9 percent ad valorem.

Style KQ 0 falls within textile category designation 331. Style KQ III 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.

Although your inquiry mentions a cotton liner for the cut-resistant glove no sample was submitted and therefor we will not comment on the separate classification for that item.

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

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