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NY 867831

November 13, 1991

CLA-2-62:S:N:N3H:354 867831


TARIFF NO.: 6216.00.3225

Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification of a woven textile glove from Hong Kong.

Dear Ms. Dugan:

In your letter dated October 7, 1991, you requested a tariff classification ruling. As requested, your sample will be returned to you.

Your submitted sample, style I-3-1203, is a glove that has approximately 1mm of foam bonded to its inner surface. The woven textile shell is described as being of 65% polyester and 35% cotton fabric. This glove also has internal textile-backed vinyl with an additional layer of foam padding across the back of the knuckles, a partially elasticized wrist, an applied knit cuff, knit fourchettes and sidewalls and a hook and clasp. It appears that this glove is 50 percent or more by weight of textile material.

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.

Although your glove has what appears to be internal textile- backed vinyl palm and thumb reinforcement, we note that the reinforcement does extend to the crotch of the thumb, where the skiier holds his\her poles and therefore this glove could not meet the stress caused by the flexing of the knuckles. Noting that your glove lacks the appropriate reinforcement across the palm and thumb, it is not similar in all material respects to the glove before the court. Accordingly, classification under the subheadings for ski gloves, mittens or mitts is precluded.

The applicable subheading for the glove, style I-3-1203, will be 6216.00.3225, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: with fourchettes, containing 50 percent or more of cotton, man-made fibers or any combination thereof: subject to man-made fiber restraints. The rate of duty will be 14 percent ad valorem.

Your glove, style I-3-1203, falls within textile category designation 631. As a product of Hong Kong this merchandise is subject to visa requirements based upon international textile trade agreements.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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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