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NY 816073

November 14, 1996

CLA-2-61:R:NV:354 816073


TARIFF NO.: 6116.93.9400

Mr. Eric Pozarycki
Becton Dickinson and Company
1 Becton Drive
Franklyn Lakes, NJ 07417-6800

RE: The tariff classification of knit gloves from Thailand

Dear Mr. Pozarycki:

In your letter dated October 16, 1995, you requested a classification ruling. As requested the samples will be returned to you.

The submitted sample is a pair of unlined gloves constructed from 80% nylon 20% spandex knit fabric. The gloves feature fourchettes, a keyhole thumb and one inch side vent.

You call the glove an "Arthritic Glove" and indicate that the item's chief use will be to provide compression and warmth for the finger joints during sleep. You also indicate in your request that heading 9021 provides for appliances which are worn to compensate for a defect or disability.

Chapter 90 note 1. (b) excludes:

Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (Section XI);

Based upon this chapter note Customs is precluded from considering heading 9021 for classification.

The applicable subheading for the gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: with fourchettes. The duty rate will be 19.7 percent ad valorem.

The gloves fall within textile category designation 631. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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