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NY 802704

October 21, 1994

CLA-2-61:S:N5:354 802704


TARIFF NO.: 6116.93.8800

Mr. Lee Richan
Do-All Cool Gloves
4651 Woodstock Road #203-111
Roswell, GA 30075

RE: The tariff classification of knit gloves from Japan.

Dear Mr. Richan:

In your letter dated September 22, 1994, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, "Monkey Mitts", are 27% cotton, 65% polyester and 7% acrylic knit gloves. The gloves are string knit (seamless) and sold in packages of 5 pairs each.

The applicable subheading for the "Monkey Mitts", will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.8 percent ad valorem.

The gloves, fall within textile category designation 631. Based upon international textile trade agreements, products of Japan are subject to visa requirements.

The first glove in the package has a sticker marked with the country of origin that is visible through the package. You state that these gloves have been used by automobile shops or factories. Customs has ruled that if a plant purchases gloves for use of its employees on the premises and is considered the ultimate purchaser the gloves may be excepted from individual marking under section 304(a)(3)(D) of the Tariff Act of 1930, as amended (19U.S.C. 1304), and section 134.32(d), Customs Regulations (19CFR134.32(d).

Before granting an exception from individual marking, the district director of Customs at the port of entry must be satisfied that the ultimate purchaser will receive the gloves in their original unopened marked containers and that the gloves will be used only as indicated above. If the importer is the ultimate purchaser, a statement of intended use by the importer would be all that is required. However, if the importer is not the ultimate purchaser, additional evidence, such as the name of the ultimate purchaser and a statement of intended use, by the ultimate purchaser, would usually be required.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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