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NY K89910

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December 22, 2004

CLA-2-61:RR:NC:TA:354 K89910

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.1300; 6116.10.1720; 6116.92.6420; 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 22, 2004, you requested a tariff classification ruling.

Style TG5528 is a ladies’ clute cut garden glove with a complete palmside from fingertips to wrist and a complete thumb and forefinger made of a printed knitted cotton fabric with a PVC mini dot coating. You have indicated that the weight breakdown of the coated fabric is 61% knitted cotton 39% PVC dot coating. The balance of the glove backside is made of a printed knitted cotton fabric. The glove features a ribbed knit cuff. The essential character of the glove is imparted by the knitted coated palmside material.

Style TG5522 is a ladies’ clute cut work glove with a complete palmside and thumb constructed of a cotton woven fabric with a PVC dot coating. You have indicated that the weight breakdown of the coated fabric is 58% woven cotton 42% PVC dot coating. The remaining backside fingers are made of a knitted cotton fabric. The glove features a ribbed knit cuff. The essential character of the glove is imparted by the woven coated palmside material.

Style TG57790 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.

Style TG5527 is a ladies’ clute cut glove constructed of a 100% cotton jersey fabric that has been brushed on the underside. The glove features a sewn-on ribbed knit cuff.

The applicable subheading for the style TG5528 will be 6116.10.1720, 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 preexisting machine-knit fabric that is impregnated, coated or covered with plastics or rubber: Of vegetable fibers: Other . . . Subject to cotton restraints. The rate of duty will be 23.5%.

The applicable subheading for style TG5522 will be 6216.00.1720, 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 TG57790 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.

The applicable subheading for style TG5527 will be 6116.92.6420, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: made from a pre-existing machine knit fabric: without fourchettes . . . jersey type, brushed or napped fabric. The duty rate will be 23.5 percent ad valorem.

Style TG5522 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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See also:

• Tariff No.: 6116.10.13 - Gloves, mittens & mitts, w/o four., k/c, coated w. plastics/rubber nesoi, cut & sewn, of veg. fibers, cont. > 50% by wt. of plastics/rubber
• Tariff No.: 6116.10.17 - Gloves, mittens & mitts, w/o four., k/c, coated w. plastics/rubber, nesoi, cut & sewn, of veg. fibers, cont. 50 % or less wt. of plas./rub.
• Tariff No.: 6116.92.64 - Gloves, mittens & mitts, (excl. ski or snowmobile), knitted or crocheted, of cotton, made from a pre-existing machine knit fabric, w/o four.
• Tariff No.: 6216.00.17 - Gloves etc. (excl. for sports), not k/c, impreg. etc. with plas/rub, w/o four., cut & sewn, of veg. fibers, cont. <50% by wt. plas./rubber