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NY D83965

October 30, 1998

CLA-2-62:RR:NC:TA:354 D83965


TARIFF NO.: 6216.00.5420

Mr. John M.Peterson
Neville, Peterson & Williams
80 Broad Street, 34th floor
New York, New York 10004

RE: The tariff classification of gloves from China.

Dear Mr. Peterson:

In your letter dated October 22, 1998, you requested a classification ruling on behalf of Totes-Isotoner, Inc.

The submitted sample, style 79006, is a lined and insulated clute cut glove constructed with a woven nylon outershell. The glove features a vinyl coated palm patch which extends across the thumb, a partially elasticized wrist, a backside textile wrist strap which is secured by means of hook and loop fabric, a one inch wide flourescent-colored fabric strip sewn vertically down the knuckle area to the hemmed bottom on the backside, a hook and clasp, an internal rectangular textile backed vinyl piece across the back of the hand and foam insulation which extends from fingertip to wrist on the backside of the glove. The essential character of the glove is imparted by the woven nylon outershell material.

In your letter you assert that the sample is a ski glove and cite numerous ruling letters covering gloves which you claim possess similar features as the submitted sample. However, upon review we find that the previously ruled gloves are distinguishable from the instant merchandise based on the presence of an internal strip of textile backed vinyl reinforcement with dedicated padding over the knuckles, which is lacking on the submitted glove.

The applicable subheading for style 79006 will be 6216.00.5420, HTS, which provides for Gloves, mittens and mitts: other: of man-made fibers: other: without fourchettes: other. The duty rate will be 21.5 cents per kilogram plus 10.8 percent ad valorem.

Style 79006 falls within textile category designation 631. Based upon international textile trade agreements products of China 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 Part 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.


Robert B. Swierupski

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