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HQ 089769

October 8, 1991

CLA-2 CO:R:C:T 089769 JS


TARIFF NO.: 6216.00.3225

T.A. Galantowicz
District Director
7911 Forsythe Blvd., Ste. 625
St. Louis (Clayton), MO 63105

RE: Request for Internal Advice; hunting gloves; ski gloves: cold weather gloves

Dear Mr. Galantowicz:

This is in response to your request for internal advice, dated March 25, 1991, regarding the classification of Kmart gloves claimed to be designed for hunting.


Glove style no. BUU 80-35-37 is a full-fingered glove with an outer shell fabric of 65 percent polyester/ 35 percent cotton which has a green, brown and tan camouflage design. The inner surface of the shell fabric has a thin layer of foam bonded to it. The next layer is a thicker piece of foam, over a plastic sheet in the dimensions of the glove, over more foam backed with a layer of Thinsulate (TM). There is a piece of textile-backed vinyl placed into the glove at the area of the knuckles.

The palm side of the glove has a plastic coated textile reinforcement which extends across the palm to the thumb, forefinger and middle finger. Fourchettes are sewn into the glove, and the cuff has an elasticized gathering on one side to which a hook is attached. The glove is bulky in its general appearance and fit.

The other glove, style no. 5812, is identical in appearance and design, except that the shell fabric is a solid neon orange color. This glove also has point-of-sale tags which advertise the glove as a waterproof "Taslon Hunting Glove."


1) Whether the present gloves show special design for hunting

2) If these gloves are not considered hunting gloves, whether they may be classified as ski or cold weather gloves under the HTSUSA


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be in accordance with the terms of the headings and any relevant section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRI may be applied, in the order of their appearance.

Counsel for Kmart Corporation asserts that the gloves at issue are classifiable as hunting gloves, or in the alternative, ski gloves, under the provision for gloves specially designed for sports, subheading 6216.00.46, HTSUSA. In support of this position, counsel presents the following:

- the non-skid reinforcement, which includes the two shooting fingers, allows the hunter to grip his rifle without slipping, and to fire weapons in a safe and secure manner;

- the outer shell of each glove has been specifically designed with hunting in mind: the neon orange color of one glove identifies the wearer during the busy season, and the camouflage print of the other glove allows the hunter to conceal his hands when necessary;

- the gloves are insulated for warmth and have a hook clasp

Since the subheading for textile hunting gloves, HTS 6216.00.46, is a use provision, it is important to consider the glove as a whole in order to determine its use as a hunting glove. The characteristics set forth above indicate some intent to design these gloves as hunting gloves. The considerable bulk of the gloves, however, counteracts the features for grip and camouflage/visibility. The thick padding throughout the gloves serves to inhibit crucial sensitivity and movement of the trigger finger, which is necessary to the handling of a gun. A hunter could otherwise discharge the firearm accidentally when attempting to insert his or her finger into the trigger housing. The permanent padding in this instance indicates that these gloves are not specially designed for hunting. Guns have several small or movable parts, and must be handled with care, therefore requiring better fit and grip of a glove designed for such use. The fact that the gloves are insulated and have a hook clasp is not dispositive of special design for use during hunting.

In the alternative, counsel argues that these gloves fit the criteria for ski gloves set forth in Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4023 (1970). As we have previously stated, we believe that presence of the four Stonewall criteria in a glove demonstrate prima facie that the subject merchandise is specially designed for skiing; however, failure of a glove to meet all of the Stonewall criteria will not prevent its classification as a ski glove, nor will satisfaction of the criteria automatically dictate classification as a ski glove.

Instead, the language of Stonewall must be interpreted in conjunction with the design for use of the manufactured articles. Again, it is important to consider the glove as a whole in order to determine its use as a ski glove. In the present instance, each of the Stonewall requirements have been met in the glove at issue. However, the colors of the glove are those traditionally associated with hunting, which is also true of the forefinger reinforcement. Moreover, the hang tags on the neon orange glove, at least, indicate that the importer and/or manufacturer intended to market these gloves as hunting gloves, for use as such. Thus, we determine that the present merchandise is not principally used in or specially designed for the sport of skiing.


For the reasons stated above, these gloves are classified as cold weather gloves under subheading 6216.00.3225, HTSUSA, 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, textile category 631, dutiable at the rate of 14 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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