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NY N025771




May 5, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5820

Ms. Tonya Davenport
Dollar General Corporation
Import Department
100 Mission Ridge
Goodlettsville, TN 37072

RE: The tariff classification of gloves and headband from China.

Dear Ms. Davenport:

In your letter dated April 3, 2008, you requested a classification ruling. The submitted sample will be returned.

The submitted sample, style 93984, is a pair of men’s insulated and lined gloves with a matching headband that will be packaged and sold together. The glove features a palmside, fourchettes and sidewalls constructed of 100% polyester woven fabric and a backside constructed of a polyester fleece fabric. A coated fabric overlay extends across the center of the palm and palmside thumb. The glove also features an elasticized wrist, a hook and clasp, and a hemmed bottom. A Thinsulate trademark label is sewn onto the side seam of the glove. The headband is constructed of 100% polyester fleece fabric. The headband features a back seam, a hemmed top and bottom and measures approximately 4 inches wide over the ear area, and narrowing to approximately 2 ¼ inches in the front.

The gloves are advertised as “men’s fleece gloves with fleece headband.” Although you assert that the gloves are ski gloves, there are negative factors which preclude classification as ski gloves. The gloves lack the additional reinforcement across the back of the knuckles, which is one of the characteristics for ski gloves in the case of Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4203 (1970). In addition, the entire backside is constructed of knit fabric to which snow tends to adhere. The fabric will easily absorb water and allows that water to pass to the hands of the wearer. In this regard, the gloves are not practical for use in skiing.

Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good.

The glove and headband pack consists of at least two different articles that are, prima facie, classifiable in different headings, which are put up together to protect against elements of cold weather. Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the item in question is within the term “goods put up in sets for retail sale.” GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. As no essential character can be determined, GRI 3(b) does not apply. GRI 3(c) says that, if neither GRI 3(a) nor GRI 3(b) applies, merchandise shall be classified in the heading which occurs last in numerical order among those equally meriting consideration. If imported separately, the gloves would be classified in heading 6216, and the headband in heading 6117. As no one component imparts the essential character to the set, it will be classified under heading 6216, which is the heading that occurs last in numerical order among those that equally merit consideration.

The applicable subheading for style 93984 will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes. The duty rate will be 20.7 cents per kilogram plus 10.4% 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/.

The gloves fall within textile category 631. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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