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NY H86614




February 1, 2002

CLA-2-61:RR:NC:TA:354 H86614

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.91.000; 6116.93.8800; 6116.93.9400; 6216.00.5420

Ms. Gilda E. Jennings
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of gloves from China.

Dear Ms. Jennings:

In your letter dated January 2, 2002, you requested a classification ruling. The provided samples will be returned as per your request.

Seven samples were provided for review. Style 88-64-95 is a men’s clute cut glove constructed of a camouflage-printed polyester fleece fabric with a ribbed knit cuff.

Style 88-65-03 is a men’s lined and insulated glove constructed of a polyester fleece outershell. Samples submitted included the glove in a camouflage-printed fabric and also in a bright orange color. The gloves feature a waterproof barrier insert, doubled inner foam padding, a coated fabric palm patch which extends across the thumb, 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 88-65-02 is bright orange woven nylon fabric mitten with a sewn-in glove liner. The mitten has slits across the upper palm and upper palmside thumb which allow the wearer to expose their glove-covered fingers. The glove liner has slits in the thumb and index finger. Additional features include a palm patch made of vinyl-coated material, an elasticized wrist, a hook and clasp, insulation on the backside and a ribbed knit cuff.

Style 88-65-00 is a lined and insulated half-fingered glove constructed of a camouflage printed polyester fleece fabric. The glove features a sewn-on mitten style cover that can be placed over the fingers or secured with hook and loop fasteners when not in use. Additional features include a palm patch made of vinyl-coated material, a hook and clasp, fourchettes and a ribbed knit cuff.

Style 88-65-01 is a lined and insulated half fingered glove constructed a string-knit acrylic fabric. The glove features a sewn-on mitten style cover that can be placed over the fingers or secured with hook and loop fasteners when not in use. Additional features include a suede palm patch which extends across the thumb, and a ribbed knit cuff.

Style 88-65-01-113 is a lined and insulated half fingered glove constructed a string-knit 85% wool 15% nylon fabric. The glove features a sewn-on mitten style cover that can be placed over the fingers or secured with hook and loop fasteners when not in use. Additional features include a suede palm patch which extends across the thumb, and a ribbed knit cuff.

The applicable subheading for styles 88-64-95 and 88-65-01 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 18.8 percent ad valorem.

The applicable subheading for styles 88-65-03 and 88-65-00 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 18.8 percent ad valorem.

The applicable subheading for style 88-65-02 will be 6216.00.5420, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mitten and mitts: other: of man-made fibers: other: without fourchettes . . . other. The duty rate will be 21cents per kilogram plus 10.5 percent ad valorem.

The applicable subheading for style 88-65-01-113 will be 6116.91.0000, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of wool or fine animal hair. The duty rate will be 31.6 cents per kilogram plus 7.1 percent ad valorem.

Style 88-65-02 falls within textile category designation 631. Based upon international textile trade agreements products of China which are classified under 6216.00.5420, HTS, 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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