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NY K88524




August 20, 2004
CLA-2-62:RR:NC:TA:354 K88524

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5420

Mr. Ronny Sung
Koon Man Sung DBA:
Imperial Customs Broker
182-30 150th Road, Suite 288
Jamaica, New York 11413

RE: The tariff classification of mittens from China.

Dear Mr. Sung:

In your letter dated August 10, 2004, you requested a classification ruling on behalf of Austins Marmon Limited. The provided samples will be returned as per your request.

Style 96769 is a children’s lined and insulated mitten constructed of a 100% nylon woven fabric. The mitten features a coated fabric overlay at the center of the palm which extends to the thumb, an elasticized wrist, internal coated fabric knuckle reinforcement , sidewalls, a hook and clasp, and a hemmed cuff bottom. Another version of the mitten with an inner waterproof barrier has been designated as Style 96736.

Woven man-made fiber mittens are properly classified under 6216.00.5420, HTS. Therefore, your assertion for classification as a sports mitten or a glove with fourchettes is not applicable.

The applicable subheading for both styles 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 20.7 cents per kilogram plus 10.4 percent ad valorem.

Both styles 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 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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