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HQ 957042

January 18, 1995

CLA-2 CO:R:C:T 957042 SK


TARIFF NO.: 6216.00.4600

Weltz & Posner
Empire State Building
350 Fifth Avenue, ste. 7610
New York, N.Y. 10118

RE: Modification of HRL 952420 (4/9/93); classification of a hunting glove under 6216.00.4600, HTSUSA; gloves specially designed for use in sports; tapered index finger; camouflage; non-slip palm; gloves marketed as hunting gloves; HRL 089769

Dear Mr. Posner:

On April 9, 1993, Customs issued you, on behalf of your client, Gates-Mills, Inc., Headquarters Ruling Letter (HRL) 952420 in which we responded to your request for a reconsideration of New York Ruling Letter (NYRL) 871650, dated March 20, 1992. In HRL 952420, this office affirmed the holding in NYRL 871650 and classified the subject glove, referenced style number 2936, under subheading 6216.00.3225, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Customs determined that the subject glove was not specially designed for use in hunting, and therefore was not classifiable as a glove specially designed for use in sports under subheading 6216.00.4600, HTSUSA. Upon review, HRL 952420 is determined to be in error. Our analysis follows.


The merchandise at issue, style 2936, is a woven nylon full-fingered glove. The outer shell has a green, brown and black camouflage design and approximately 1 millimeter of plastic foam is bonded to its inner surface. The palm side of the glove has a textile-backed vinyl overlay which extends across the palm to the thumb, index and middle finger. The
permanent lining is composed of 2 millimeters foam and fiberfill with a knit nylon substrate. The glove has fourchettes, an elasticized wrist, applied knit cuffs, and a hook and clasp.


Whether style 2936 is classifiable as a glove specially designed for use in sports?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

Style 2936 is a cold weather glove possessing several features indicative of a special design for use in hunting. The glove has a tapered index finger for easier finger tip access to the trigger and has "action back," a design feature which allows greater hand flexibility and grip. "Action back" is created by two deep 1/2-inch pleats that open up and are spaced 2 inches apart. The palm on style 2936 also features "Toughtek," which is a textured surface which imparts a non-slip grip and allows the glove to remain soft and pliable in all types of weather. Lastly, the glove contains insulation which allows for added warmth without creating unwanted bulk. The outer shell is available in a variety of camouflage designs.

In HRL 089769, dated October 8, 1991, Customs recognized the following glove design characteristics as indictive of "some intent to design ... gloves as hunting gloves." The cited features include:

- a non-skid reinforcement, which includes the two shooting fingers;

- a camouflage outershell or outershell with enhanced visibility;

- insulation that enhances warmth without creating excess bulk; and

- a hook and clasp closure.

Not only does style 2936 possess these features, thereby creating a presumption that these gloves were specially designed as hunting gloves, but they also possess additional features indicative of such design. As stated supra, the subject gloves feature a tapered index finger for easier finger tip access to the trigger and "action back" pleats which allow for greater hand flexibility.

The presumption that style 2936 has been specially designed as a hunting glove is further bolstered by the prodigious amount of advertising, trade information and related extrinsic evidence submitted by Gates-Mills, Inc. Several sporting goods magazines were submitted for Customs' examination which depict similar gloves being worn by hunters. In addition, Gates-Mills, Inc. employs a staff which works solely in the hunting trades and maintains over 700 accounts at hunting and sporting good stores.

Based on the foregoing evidence, it is this office's opinion that style 2936 has been specially designed for use in hunting and therefore warrants classification under subheading 6216.00.4600, HTSUSA, which provides for, inter alia, gloves specially designed for use in sports.


HRL 952420 is modified.

Style 2936 is classifiable under subheading 6216.00.4600, HTSUSA, which provides for, "[G]loves, 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 ... ," dutiable at a rate of 5.2 percent ad valorem. There is no textile quota category applicable to the merchandise at this time.

In accordance with section 625, this ruling will become effective 60 days from its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR


John Durant, Director Commercial Rulings

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