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NY M81968




May 2, 2006

CLA-2-62:RR:NC:TA:354 M81968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.9400; 6216.00.4600

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 April 3, 2006, you requested a classification ruling. We are retaining the submitted samples in our files.

Five samples were provided for review. Style 8856 is a lined glove with a complete backside, complete thumb, and fourchettes made of a polyester fleece fabric. The balance of the glove is constructed of a woven 100% polyester fabric with a brushed finish on the outer surface. Reinforcements made of a woven 100% polyester fabric with a brushed finish on the outer surface are found on the inner edges of the thumb and across the center of the palm extending around the edge of the lower forefinger to the bottom of the thumb. The glove features an internal padded knuckle reinforcement, an elasticized wrist, a hook and clasp, and a fabric trimmed vented cuff. The essential character of the glove is imparted by the polyester fleece shell fabric. You asserted classification as a ski glove. However, the glove is not practical for use in skiing since the fleece shell fabric would absorb water and allow water to pass to the hands of the wearer. The item would be classified as a cold weather glove under 6116.93.9400, HTSUS.

Style 8182 is a lined gauntlet glove with an outershell constructed of a 94% polyester 6% Spandex fabric. The glove has 60% nylon 40% PU non-woven fabric reinforcements across the center of the palm and on the palmside fingertips. Additional features include an elasticized wrist, a hook and clasp, fourchettes and a fabric trimmed gauntlet cuff. You asserted classification as a cross country ski glove. However, the glove does not show design for use as a cross-country ski glove due to the lack of a thumb/forefinger reinforcement. The item would be classified as a cold weather glove under 6116.93.9400, HTSUS.

Style 2620 is a lined and insulated gauntlet glove with an outershell constructed of a woven nylon fabric. The glove features a coated fabric overlay across the center of the palm extending to the thumb, padded internal knuckle reinforcement, inner foam padding on the backside, an elasticized wrist, a hook and clasp, a gauntlet tightener secured by hook and loop fasteners, fourchettes and sidewalls. The cumulation of features on the glove shows a design for use in the sport of skiing.

Style 2294 is a lined and insulated gauntlet glove with a plamside from fingertips to wrist made of a woven nylon fabric. A backside pocket at the knuckle area and the center of the gauntlet backside and palmside are made of a woven fabric. The backside thumb has a nose wipe made of a coated woven fabric on the inner edge with a woven fabric making up the balance. The outershell backside is made of a woven fabric with a coated underside. Coated fabric reinforcements are found on the fingertips and on the palmside from the base of the fingers to the wrist. Additional features include a waterproof barrier, a partially elasticized wrist, an adjustable backside wrist strap, a drawstring tightener sewn into the gauntlet bottom hem, woven fabric fourchettes, and a hook and clasp. The essential character of the glove is imparted by the palmside woven nylon fabric. The cumulation of features on the glove shows a design for use in the sport of snowboarding.

Style 2295 is a lined and insulated gauntlet glove with a backside thumb nose wipe made of a fleece fabric, the balance of the outershell is made of a woven nylon fabric. Coated fabric reinforcements are found on the fingertips and across the center of the palmside. Additional features include a waterproof barrier, a partially elasticized wrist, an adjustable backside wrist strap, a drawstring tightener sewn into the gauntlet bottom hem, fourchettes, a backside pocket at the knuckle area, and a hook and clasp. The cumulation of features on the glove shows a design for use in the sport of snowboarding.

The applicable subheading for Styles 8856 and 8182 will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTSUS), 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 Styles 2620, 2294, and 2295 will be 6216.00.4600, HTSUS, 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles 8856 and 8182 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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