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NY G84754




December 21, 2000

CLA-2-61:RR:NC:TA:354 G84754

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.0800; 6116.10.5520; 6116.93.0800; 6116.93.8800; 6117.80.9540

Ms. Gilda E. Jennings
Kmart Corporation

Resource Center

3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of various items from Taiwan and China.

Dear Ms. Jennings:

In your letter dated December 5, 2000, you requested a classification ruling.

Seven samples were provided for review. Style 80-82-46 is a half fingered string-knit acrylic glove with a plastic dot coating on the palmside from the wrist up to the finger openings. The glove features a hemmed ribbed knit cuff.

Style 80-54-14, has a palm side from fingertips to wrist constructed of a finely knit man-made fabric covered with embossed neoprene rubber. The remainder of the glove is made of neoprene laminated between knitted camouflage printed man-made fabric on the outside and a solid color knitted fabric on the inside. The glove features pre-curved fingers, a 1-1/2 wide elasticized fabric wrist strap which is secured with hook and loop fasteners on the backside, and a gauntlet cuff with elasticized fabric capping. The cumulation of features indicates design for use in the sport of hunting.

The third sample, Style 80-54-21, was previously classified in New York Ruling F82228 dated February 7, 2000 issued to Mr. Eric D. Moore at Kmart Corporation.

Style 80-05-36 is a lined and insulated glove constructed of a camouflage printed polyester fleece outershell. The glove features a waterproof barrier insert, inner foam padding, a suede palm patch which extends across the thumb, internal knuckle reinforcement, a partially elasticized wrist, a backside textile wrist strap which is secured by hook and loop fasteners, a ribbed knit cuff and a hook and clasp.

Style 80-82-52 is camouflage printed polyester fleece clute cut glove with a ribbed knit cuff.

Styles 80-82-21 and 80-82-20 are camouflage printed masks constructed of neoprene laminated between knitted camouflage printed man-made fabric on the outside and a solid color knitted fabric on the inside. The masks feature a large cut-out for the nose, multiple breathing holes covering the mouth, and a hook and loop fastener at the back which secures the mask in place. The mask is designed to provide camouflage and keep the face warm.

The applicable subheading for the style 80-82-46 will be 6116.10.5520, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: containing 50 percent or more by weight of cotton, man-made fibers or other textile fibers, or any combination thereof . . . subject to man-made fiber restraints. The duty rate will be 13.5 percent ad valorem. In 2001, the duty rate will be 13.4 percent ad valorem.

The applicable subheading for style 80-54-14 will be 6116.10.0800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: 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 rate of duty will be 3.9 percent ad valorem. In 2001, the rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the style 80-05-36 will be 6116.93.0800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic 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 3.9 percent ad valorem. In 2001, the rate of duty will be 3.6 percent ad valorem.

The applicable subheading for style 80-82-52 will be 6116.93.8800, 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. In 2001, the duty rate will be 19 percent ad valorem.

The applicable subheading for style 80-82-21 and 80-82-20 will be 6117.80.9540, HTS, which provides for Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other . . . of man-made fibers: other. The duty rate will be 15 percent ad valorem. In 2001, the duty rate will be 14.9 percent ad valorem.

Styles 80-82-46 and 80-82-52 fall within textile category designation 631, and styles 80-82-21 and 80-82-20 fall within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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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