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NY K89687




December 22, 2004

CLA-2-62:RR:NC:TA:354 K89687

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.1300; 6216.00.1720

Ms. Marsha McCabe
MidWest Quality Gloves, Inc.
P. O. Box 260
Chillicothe, MO 64601

RE: The tariff classification of gloves from China.

Dear Ms. McCabe:

In your letter dated September 21, 2004, you requested a tariff classification ruling.

Style TG57103 is a men’s clute cut work glove with a complete palmside, forefinger and thumb constructed of a woven cotton fabric with a PVC dot coating. You have indicated that the weight breakdown is 78% cotton fabric 22% PVC coating. The remaining three backside fingers are made of a woven fabric. The glove features a ribbed knit cuff. The essential character of the glove is imparted by the woven coated palmside material.

Style TG5514 is a ladies’ clute cut gardening glove constructed of a rubber-coated cotton knitted fabric. Customs and Border Protection laboratory analysis has found the weight breakdown of the fabric to be 51.1% rubber coating 48.9% cotton fabric. The glove features a sewn-on cuff made of the same fabric.

Style TG57791 is a ladies clute cut glove with a complete palmside, forefinger and thumb constructed of a two ply fabric consisting of a knitted cotton fabric with a rubber coating on the outer surface and a polyester pile knit fabric on the underside per Customs and Border Protection laboratory analysis. Additionally, the rubber coating has been found to weigh more then 50% of the weight of the cotton fabric. The three remaining backside fabrics are made of a knitted fabric. The glove features a ribbed knit cuff. The essential character of the glove is imparted by the coated cotton ply of the palmside material.

The applicable subheading for style TG57103 will be 6216.00.1720, Harmonized Tariff Schedule of the United States Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: without fourchettes: cut and sewn from pre-existing machine-woven fabric that is impregnated, coated or covered with plastics or rubber: of vegetable fibers: other . . . subject to cotton restraints. The duty rate will be 23.5 percent ad valorem.

The applicable subheading for style TG5514 and TG57791 will be 6116.10.1300, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: cut and sewn from pre-existing machine-knit fabric that is impregnated, coated or covered with plastics or rubber: of vegetable fibers: containing over 50 percent by weight of plastics or rubber. The rate of duty will be 12.5 percent ad valorem.

Style TG57103 falls within textile category designation 331. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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