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NY G83714




November 8, 2000

CLA-2-61:RR:NC:TA:354 G83714

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800; 6116.93.9400

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The tariff classification of children’s mittens and gloves from China.

Dear Mr. Travis:

In your letter dated October 24, 2000, you requested a classification ruling on behalf of Gymboree. The provided samples will be returned as per your request.

Four samples of children’s mittens and gloves were submitted for review. Style 266-20500 is a child’s lined and insulated mitten constructed of a man-made fleece material. The glove features a waterproof barrier, a coated fabric palm patch which extends across the thumb, a backside textile wrist strap which is secured by means of hook and loop fasteners, and a hook and clasp.

Style 266-21029 is a child’s lined and insulated mitten constructed of a man-made fleece material which is doubled on the backside. The glove features a waterproof barrier, a coated fabric palm patch which extends across the thumb, an elasticized wrist, a cut-out embroidery flower design on the backside, and a hook and clasp.

Style 266-20526 is a child’s lined and insulated mitten constructed of a man-made fleece material. The glove features a waterproof barrier, a coated fabric palm patch which extends across the thumb, a partially elasticized wrist, a backside textile wrist strap which is secured by means of hook and loop fasteners, a piece of coated fabric sewn across the inner knuckle area, and a hook and clasp.

Style 266-20534 is a child’s lined and insulated glove constructed of a man-made fleece material. The glove features a waterproof barrier, a coated fabric palm patch which extends across the thumb, an elasticized wrist, a piece of coated fabric sewn across the inner knuckle area, fourchettes, and a hook and clasp.

You assert that the submitted mittens and gloves exhibit the four characteristics cited in Stonewall Trading vs. United States, 64 Cust. Ct. 482, C.D. 4023 (1970) and should be classified as ski mittens or ski gloves. In examining the samples, we find that styles 266-20500 and 266-21029 totally lack any knuckle reinforcement and styles 266-20526 and 266-20534 lack additional knuckle padding. In our opinion all styles fail to provide the necessary knuckle reinforcement to meet the rigors of skiing or snowmobiling as outlined in Stonewall Trading Company v. United States.

The applicable subheading for styles 266-20500, 266-21029 and 266-20526 will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.1 percent ad valorem

The applicable subheading for style 266-20534 will be 6116.93.9400, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.1 percent ad valorem.

All styles 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 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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