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NY L85629





July 14, 2005

CLA-2-61:RR:NC:TA:354 L85629

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.0800; 6216.00.4600

Ms. Linda M. Rasco
Metro Custom Brokers, Inc.
P.O. Box 55
Rouses Point, New York 12979

RE: The tariff classification of gloves from China.

Dear Ms. Rasco:

In your letter dated June 13, 2005, you requested a tariff classification ruling on behalf of Sugoi Performance Apparel. We are retaining the submitted samples for our office records.

Six samples were submitted for review. Style 91500U – Victory Glove is a half-fingered glove with a complete palmside constructed of imitation suede leather made from man-made fibers (not knit or crocheted). The backside thumb is made of a three-layer fabric of foam sandwiched between terry fabric on the outer surface and knitted fabric on the underside. The balance of the backside is made of a knitted fabric. The glove features palmside graphics made of a gripping compound, a imitation suede leather reinforcement at the backside edge of the thumb/forefinger crotch extending up both fingers, a vented wrist with a palmside wrist tightener that is secured by hook and loop fasteners, a reflective bolt design on the backside knuckle area, and finely knitted fabric fourchettes. The cumulation of features shows a design for use in the sport of cycling. The essential character of the cycling glove is imparted by the man-made fiber palmside material classifiable under 6216.00.4600, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Style 91520U – Kingpin Glove is a half-fingered glove with a complete palmside constructed of imitation suede leather made from man-made fibers (not knit or crocheted). The backside thumb is made of a three layer fabric of foam sandwiched between terry fabric on the outer surface and knitted fabric on the underside. The balance of the backside is made of knitted fabrics. The glove features padded palmside reinforcements at the base of the fingers and the lower palm, gripping strips on the palmside forefinger and middle finger, an imitation suede leather reinforcement at the backside edge of the thumb/forefinger crotch extending up both fingers, a vented wristband made of neoprene sandwiched between two finely knitted fabrics, a palmside wrist tightener that is secured by hook and loop fasteners, a reflective bolt design on the backside knuckle area, backside reflective trim detail, and finely knitted fabric fourchettes. The cumulation of features shows a design for use in the sport of cycling. The essential character of the cycling glove is imparted by the man-made fiber palmside material classifiable under 6216.00.4600, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Style 91550U – Maven Glove is a full-fingered glove with a palmside thumb constructed of a three layer fabric of foam sandwiched between imitation suede leather made from man-made fibers (not knit or crocheted) on the outer surface and knitted fabric on the underside. The balance of the palmside is constructed of a finely knitted fabric with a textured polyurethane coating on the outer surface. A knitted 96% polyester 4% spandex fabric comprises the backside fingers, the backside lower knuckle area to the wrist, and the backside thumb tip. The balance of the backside thumb is made of a three layer fabric of foam sandwiched between terry pile fabric on the outer surface and knitted fabric on the underside. The backside knuckle area is made of a 100% polyester mesh fabric insert. The glove features an imitation suede leather reinforcement with inner foam padding across the center of the palm, an imitation suede leather reinforcement at the backside edge of the thumb/forefinger crotch extending partially up both fingers, a vented wristband made of neoprene sandwiched between two finely knitted fabrics, a palmside wrist tightener that is secured by hook and loop fasteners, a reflective bolt design on the backside knuckle area, backside reflective trim detail, and finely knitted 82% nylon 18% spandex fabric fourchettes. The cumulation of features shows a design for use in the sport of cycling. The essential character of the cycling glove is imparted by knitted man-made fabrics of the outershell classifiable under 6116.93.0800, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Style 91555U – Basebloc Glove is a full-fingered glove with a complete palmside constructed of imitation suede leather made from man-made fibers (not knit or crocheted). The backside is made of a three layer fabric consisting of an inner windproof laminate between two knitted polyester fabrics. The glove features palmside graphics made of a gripping compound, a imitation suede leather reinforcement at the backside edge of the thumb/forefinger crotch extending up both fingers, a vented wristband made of neoprene sandwiched between two finely knitted fabrics, a palmside wrist tightener that is secured by hook and loop fasteners, a reflective bolt design on the backside knuckle area, and finely knitted fabric fourchettes. The cumulation of features shows a design for use in the sport of cycling. The essential character of the cycling glove is imparted by the man-made fiber palmside material classifiable under 6216.00.4600, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Style 91570U – Firewall Glove is a full-fingered glove with a complete backside and complete cuff constructed of a three layer fabric consisting of an inner breathable laminate between a knitted 80% nylon 20% spandex face fabric and a 95% polyester 5% spandex underside fabric. Three palmside fingertips are made of a dot-coated fabric. The balance of the palmside is made of imitation suede leather made from man-made fibers (not knit or crocheted). The glove features padded palmside reinforcements at the base of the fingers and the lower palm, a dot-coated fabric reinforcement at the outer edge of the forefinger, a palmside wrist tightener with hook and loop fasteners, a reflective bolt design on the backside knuckle area, backside reflective trim detail, and 82% nylon 18% spandex finely knitted fabric fourchettes. The cumulation of features shows a design for use in the sport of cycling. The essential character of the cycling glove is imparted by the man-made laminate shell fabric classifiable under 6116.93.0800, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Style 91000U.603 – Run Glove is a full-fingered glove with a complete backside, complete forefinger and complete thumb constructed of a three layer fabric consisting of an inner windproof laminate between two knitted polyester fabrics. The balance of the palmside is made of a knitted 82% nylon 18% spandex fabric. The glove features a backside wrist tightener with hook and loop fasteners, a reflective bolt design on the backside knuckle area, backside reflective trim detail, and finely knitted fabric fourchettes. The cumulation of features shows a design for use in the sport of running. The essential character of the running glove is imparted by the polyester laminate shell fabric classifiable under 6116.93.0800, HTS. Therefore, your suggested classification as a leather sports glove is not applicable.

Please note that future ruling requests should be limited to five samples per submission.

The applicable subheading for Styles 91500U – Victory Glove, 91520U –Kingpin Glove, and 91555U – Basebloc Glove will be 6216.00.4600, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for Styles 91550U – Maven Glove, 91570U – Firewall Glove, and 91000U.603 – Run Glove will be 6116.93.0800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 2.8 percent ad valorem.

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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