United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C83560 - NY C83615 > NY C83575

Previous Ruling Next Ruling
NY C83575

February 20, 1998

CLA-2-61:RR:NC:TAB:354 C83575


TARIFF NO.: 6116.93.8800

Mr. George W. Thompson
Neville, Peterson & Williams
80 Broad Street 34th Floor
New York, NY 10004

RE: The tariff classification of knit cold weather gloves from Thailand.

Dear Mr. Thompson:

In your letter dated January 20, 1998, on behalf of Totes-Isotoner Inc., you requested a tariff classification ruling.

Style 25878 is a women's lined glove constructed of knit polyester fleece material. A textile backed textured vinyl overlay extends across the palm and over the palm side of the thumb. The lining is knit man-made fabric with a layer of spun bonded material. A rectangular piece of textile backed vinyl is internally sewn across the knuckle on the back of the hand. In addition, the glove has an elasticized wrist and a metal hook and clasp.

You assert that style 25878 should be classified as specially designed for use in sports (skiing). In support of this you believe the sample have features cited in Stonewall Trading Co. V. United States, 645 Cust. Ct. 482, C. D. 4023 (1970). Additionally, you reference NYRL's A83869 and A83870 and HRL 951189. In your submission you assert that the item will be marketed as ski gloves.

In HRL 089589 similarly constructed winter fleece gloves were not classified under the sports glove sub-headings. The reasoning for that decision follows:

. . . the language of Stonewall must be interpreted in conjunction with the design for use of the manufactured articles, an analysis consistent with precedent and mindful of advances in the ski glove industry (HQ 082336, issued November 21, 1988)(citing Sport Industries, Inc. v. United States (1970), where the court, in interpreting the term "designed for use," examined not only the features of the articles but also the materials selected and the marketing, advertising, and sale of the article).

Since the subheading for knit ski gloves, HTS 6116.93, is a use provision, it is important to consider the glove as a whole to determine its use as a ski glove. In the present instance, despite evidence of each of the Stonewall requirements, several negative factors detract from classification of this glove as a ski gloves:

1) The glove has a soft fleece exterior which will absorb and retain moisture, stretch out of shape and/or expand, and dry slowly, characteristics highly unsuitable to the sport of skiing where contact with snow is a common occurance.

2) The overall appearance of this glove indicates its similarity to the gloves sold as cold weather gloves inmost department stores. The primary use of fleece material indicates a design for comfort and warmth, rather than for use in sports.

3) No evidence of marketing or sale of these gloves as ski gloves was provided.

For the reasons stated above, and in the absence of definitive evidence that these gloves are principally used in or specially designed for the sport of skiing, these gloves may not be classified as ski or cross-country ski gloves.

With regard to the New York letters cited, this office would distinguish those rulings from the item at issue. Each of the gloves classified in those rulings was constructed from an uncoated woven shell material. Likewise, in HRL 951189 the subject gloves ruled upon were classified in chapter 39 and did not resemble the glove at issue which is constructed with a uniform knit fabric.

The applicable subheading for style 25878 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: without fourchettes. The rate of duty will be 19.3 percent ad valorem.

Style 25878 falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 this ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: