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NY H83941





August 14, 2001

CLA-2-62:RR:NC:TA:354 H83941

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.3800; 6216.00.4100

Mr. Ron M. del Mundo
Gymboree Corporation
700 Airport Blvd., Suite No. 200
Burlingame, California 94010

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

Dear Mr. del Mundo:

In your letter dated July 11, 2001, you requested a classification ruling.

Two samples were provided for review. Style 266-21425 is a lined and insulated glove constructed of a 70% cotton 30% nylon woven fabric. The glove features a waterproof barrier, a coated fabric palm patch which extends to the thumb, an elasticized wrist, a hook and clasp, and fourchettes. Style 266-21474 is a mitten version of style 266-21425. The style 266-21474 mitten has a hook and loop fastener opening on the backside.

You provided two samples consisting of a 24 months to 3 Toddler glove and a child’s mitten size M/L. Your letter indicates the gloves will be available in sizes for newborns through age 7. However, no samples of the newborn to 24 months sizes was submitted in your request. Actual samples of the newborn to 24 months sizes must be reviewed in order to have a ruling issued for this merchandise.

The applicable subheading for Style 266-21425 in 24 months to 3 Toddler size and in children’s sizes S to XXL will be 6216.00.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of cotton: other: with fourchettes. The duty rate will be 24 percent ad valorem.

The applicable subheading for Style 266-21474 in 24 months to 3 Toddler size and in children’s sizes S to XXL will be 6216.00.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of cotton: other: without fourchettes. The duty rate will be 24 percent ad valorem.

Styles 266-21425 and 266-21474 in 24 months to 3 Toddler size and in children’s sizes S to XXL fall within textile category designation 331. 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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