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NY 854133

July 24, 1990

CLA-2-62:S:N:N3H:354 854133; 854137


TARIFF NO.: 6216.00.4400

Ms. Cynthia Friedel
The Glove Source
9365 Gerwig Lane
Columbia, MD 21046

RE: The tariff classification of a textile ski glove and a textile ski mitten from China.

Dear Ms. Friedel:

In your letters dated July 5, 1990, you requested a tariff classification ruling.

Your submitted sample, style 9600, is a mid-cuff mitten with a woven textile shell described as being of 65% polyester and 35% cotton. Style 6350, is a mid-cuff glove with a woven textile shell described as being of 65% polyester and 35% cotton. Both styles have leather palm and thumb reinforcement. Both styles also have an additional layer of foam padding and internal textile-backed vinyl reinforcement across the back of the knuckles, an elasticized wrist, and a hook and clasp. In reference to style 9600, the back of the cuff has a closed side vent and a 2 3/4 inch wide strap with a hook and loop fastener that extends from the seam across the cuff. In reference to style 6350, a strap with a hook and loop fastener is threaded through a D-ring and extends across the cuff. The placement and construction of both straps are so designed that, in the event of a fall, snow will not enter between the glove and jacket.

In the case of Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4023 (1970), the Customs Court held that certain vinyl gloves were properly classifiable under the provision for other ski equipment, in item 734.97, TSUS (now provided for in various U.S. subheadings). These gloves were found to have the following characteristics:

1. a hook and clasp to hold the gloves together;

2. an extra piece of vinyl stitched along the thumb portion to meet the stress caused by the flexing of the knuckles when the skier grasps the ski pole;

3. an extra piece of red colored vinyl with padding reinforcement and inside stitching, which is securely stitched across the middle of the glove where the knuckles bend and cause stress;

4. cuffs with an elastic gauntlet to hold the gloves firm around the wrist, so as to be waterproof, and to keep it securely on the hand.

With respect to the internal piece of textile-backed vinyl across the back of the knuckles, we note the vinyl is of sufficient strength and thickness to meet the requirements of the court case because the vinyl faces the outer surface (shell) of the glove.

Noting that both styles are similar to the glove before the court as well as advertising and sale of these gloves, these styles shows design for use in alpine skiing.

The applicable subheading for styles 9600 and 6350, will be 6216.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: other: of man-made fibers: ski or snowmobile gloves, mittens and mitts. The rate of duty will be 5.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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