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NY J84826




June 13, 2003

CLA-2-62:RR:NC:TAB:354 J84826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5420

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of mittens from China

Dear Ms. Studeny:

In your letter dated May 9, 2003, on behalf of Richlu Manufacturing of Canada you requested a classification ruling.

The submitted sample, style G20818, is pile-lined mitten constructed with 100% woven polyester shell. The mitten features a palmside opening and backside hook&loop fabric squares to hold the finger portion of the mitten when flipped back to expose the fingers. The palmside of the wrist is elasticized.

You assert that the item is classified in 6216.00.2600 HTS that provides for gloves, mittens and mitts impregnated, coated or covered with plastics or rubber. Non visible applications of chemical fabric treatments do qualify under this heading.

The applicable subheading for the G20818 will be 6216.00.5420 Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: without fourchettes, other. The duty rate will be 20.8ยข /kg + 10.5% ad valorem.

The mitten falls 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-5054.

Sincerely,

Robert B. Swierupski
Director,

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