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NY L84994

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June 14, 2005

CLA-2-62:RR:NC:TA:354 L84994

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.9400; 6216.00.0800; 6216.00.2925; 6216.00.5820

Ms. Mindy Hu
The Glove Source, Inc.
9104 Guilford Road, Suite 1-D
Columbia, Maryland 21046

RE: The tariff classification of gloves from China.

Dear Ms. Hu:

In your letter dated May 17, 2005, you requested a classification ruling. We are retaining the submitted samples in our files.

Four samples were provided for review. Style 8956 is a lined glove with an outershell constructed of a 100% polyester fleece fabric. The glove features an elasticized wrist, fourchettes, a hook and clasp, and a cuff with a hemmed bottom. Coated fabric overlays are found at the center of the palm extending to the outer edge of the lower forefinger and down the outer forefinger crotch area, and also on the upper edges of the thumb to the thumb crotch seam. You have asserted classification as a cross-country ski glove, however, the overlays lack sufficient reinforcement at the forefinger/thumb crotch to warrant such a classification. According, the submitted sample is classified under 6116.93.9400, HTS, as a cold weather glove.

Style 2889 is a lined and insulated glove with fingertips made of a coated fabric. The complete thumb and the sidewalls are made of a fleece fabric, and the fourchettes are made of a woven fabric. The balance of the outershell on the palmside covering three-quarters of the fingers down to the gauntlet bottom and the balance of the backside is constructed of a woven nylon fabric with a visible water repellent coating on the underside. Coated fabric reinforcements are located at the center of the palm and on the palmside thumb. Additional features include a waterproof barrier, a partially elasticized wrist, a hook and clasp, padded internal knuckle reinforcement, an adjustable textile wrist strap, and an elasticized band sewn into the hemmed gauntlet bottom. The cumulation of features on the glove shows a design for use in the sport of skiing. The essential character of this ski glove is imparted by the coated woven nylon outershell fabric, and as such is classifiable under 6216.00.0800, HTS.

Style 2620 is a lined and insulated gauntlet glove with a backside vertical insert from the tip of the forefinger down to the gauntlet bottom made of a fleece fabric. The balance of the outershell is constructed of a woven nylon fabric with a visible water repellent coating on the underside. The woven nylon fabric weights more than 50% of the weight of coated fabric. The glove features a coated fabric patch across the center of palm extending to the palmside thumb, fourchettes and sidewalls, padded internal knuckle reinforcement, an elasticized wrist, backside inner foam padding, a hook and clasp, and a gauntlet tightener which is secured by hook and loop fasteners. You assert classification as a ski glove. However, our examination of the sample indicates the glove is ill suited for use in skiing due to the fleece fabric construction of the backside insert. This fabric absorbs water and allows that water to pass to the hands of the wear. Obviously, this is not an acceptable characteristic for a ski glove. As constructed, this glove is not practical for use in skiing. Style 2620 is cold weather glove classifiable under 6216.00.2925, HTS.

Style 8867 is lined and lightly insulated glove with backside fingers and the upper knuckle area made of a 100% polyester woven fabric with a brushed finished on the outer surface. The balance of the outershell is constructed of a woven 60% nylon 40% polyester fabric. Brushed polyester woven fabric palmside overlays extend from the lower fingers to the lower palm area and are also found on the upper half of the thumb. The glove features padded internal knuckle reinforcement, an elasticized wrist, fourchettes, and a hook and clasp. You assert classification as a ski glove. However, our examination of the sample indicates the glove is ill suited for use in skiing due to the brushed woven polyester fabric construction of the backside fingers and upper knuckle area. This fabric absorbs water and allows that water to pass to the hands of the wear. Obviously, this is not an acceptable characteristic for a ski glove. As constructed, this glove is not practical for use in skiing. Style 8867 is a dress cold weather glove classifiable under 6216.00.5820, HTS.

The applicable subheading for Style 8956 will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 18.6 percent ad valorem.

The applicable subheading for Style 2889 will be 6216.00.0800, HTS, which provides for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The duty rate will be 0.8 percent ad valorem.

The applicable subheading for Style 2620 will be 6216.00.2925, HTS, which provides for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: with fourchettes: containing 50 percent or more by weight of cotton, man-made fibers or any combination thereof, subject to man-made fiber restraints. The duty rate will be 13 percent ad valorem.

The applicable subheading for Style 8867 will be 6216.00.5820, HTS, which provides for Gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes . . . other. The rate of duty will be 20.7 cents per kilogram plus 10.4 percent ad valorem.

Styles 8956 and 2620 fall within textile category designation 631. 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.: 6116.93.94 - Gloves, mittens & mitts (excl. those designed for sports etc.), k/c, of synthetic fibers, under 23% by wt. of wool etc., with fourchettes
• Tariff No.: 6216.00.08 - Gloves, mittens & mitts, for sports, including ski & snowmobile gloves, etc., not knitted/crocheted, impreg. or cov. with plastic/rubber
• Tariff No.: 6216.00.29 - Gloves, mittens and mitts(excl sports), impreg, etc., with fourchettes, cont 50% or more by wt of coton, mmf or combo thereof, not knit/croc
• Tariff No.: 6216.00.58 - Gloves, mittens & mitts (excl. for sports), not impregnated, coated or covered with plastics or rubber, of mmf, with fourchettes