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NY 808247




April 21, 1995

CLA-2-62:S:N:N5:354 808247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.0800; 6216.00.5820; 6116.93.9400

Ms. Patti Kniest
Edison Brothers Stores Inc.
P.O. Box 66995
St. Louis, MO 63166-6995

RE: The tariff classification of gloves from China.

Dear Ms. Kniest:

In your letter dated March 21, 1995, you requested a tariff classification ruling.

You have submitted three samples. Style 94504-5, is a lined glove with a woven textile shell of 100% nylon with approximately 3mm of foam adhered to its inner surface. The glove has a palm-side reinforced overlay on the palm and thumb constructed from fabric backed vinyl. The glove also has additional foam padding and internal textile-backed vinyl reinforcement over the knuckles, an elasticized wrist, a strap fastened through a D-ring with a hook and loop closure and a hook and clasp. The essential character of the glove is imparted by the textile shell.

Submitted style 956561 is a lined glove with an outer shell of nylon. The glove features a leather suede overlay over the fingers, palm and thumb, a small guantlet with an elasticized cuff, a partially elasticized wrist secured by a wrist strapwith a hook and loop closure. The inner glove is made of polyester fleece and features an applied knit cuff, a textile backed vinyl patch over the palm and thumb and fourchettes.

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.

Style 94504-5 shows design for use in the sport of skiing.

The applicable subheading for style 94504-5 will be 6216.00.0800, HTS, which provides for gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snow mobile gloves, mittens and mitts. The rate of duty will be 5 percent ad valorem.

The applicable subheading for style 956561-C (outer glove) is 6216.00.5820, HTS, which provides for gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes, other. The rate of duty will be 21.9 cents per kg. and 10.9% ad valorem.

The applicable subheading for style 956561-C (inner glove) is 6116.93.9400, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthtic fibers: other: other: with fourchettes. The rate of duty will be 19.7 percent ad valorem.

Style 956561, falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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 ion 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.

Sincerely,

Jean F. Maguire
Area Director

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