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NY H80836





June 4, 2001

CLA-2-61:RR:NC:TA:354 H80836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Mr. Christopher T. Wyffels
Ergodyne Corporation
1410 Energy Park Drive, Suite One
Saint Paul, MN 55108

RE: The tariff classification of gloves from China.

Dear Mr. Wyffels:

In your letter dated May 1, 2001, you requested a classification ruling.

Two samples of gloves were provided for review. Model 700 is a tight fitting fingerless computer glove constructed of a 85% nylon 15% spandex knitted fabric. Four slits at the base of the fingers provide openings to accommodate the pinkie, the two middle fingers together, the forefinger, and the thumb. The glove features a doubled fabric cuff measuing approximately 1-1/2 inches in length.

Model 772 is a tight fitting fingerless computer glove constructed of a 85% nylon 15% spandex knitted fabric with a inner neoprene pad measuring approximately 2-1/2 wide by 2 inches long sewn at the palmside wrist area. Four slits at the base of the fingers provide openings to accommodate the pinkie, forefinger, thumb, and the two middle fingers together. The glove features a doubled fabric cuff measuing approximately 2-1/2 inches in length.

Please note that pursuant to section 141.113, Customs Regulations (19 C.F.R. 141.113) and the Textile Fiber Products Identification Act (15 U.S.C. 70), textile and apparel articles are required to be marked or labeled with the fiber content, by percentage in descending order by weight, using generic terms.

You have provided a photocopy of a packing insert card which indicates the articles will “help circulation and provide comfort while you work”, and also “four way stretch material enhances hand movement and circulation”. Please note that heading 9021 provides for appliances which are worn to compensate for a defect or disability.

However, Chapter 90 note 1.(b) excludes:

Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (section XI);

Based upon this chapter note Customs is precluded from considering heading 9021 for classification of these articles.

The applicable subheading for both gloves 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 percent ad valorem.

Both gloves 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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