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January 13, 1999

CLA-2-62:RR:NC:TA:354 D86205


TARIFF NO.: 6116.93.8800; 6216.00.2925; 6216.00.4600

Mr. William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Road
Troy, Michigan 48084-3163

RE: The tariff classification of gloves from China.

Dear Mr. Vollmerhausen:

In your letter dated December 28, 1998, you requested a classification ruling.

Three glove samples were provided for review. Style 86-01-52 is a clute cut work glove constructed of a polyester fleece fabric in a camouflage pattern. The glove features a ribbed knit cuff.

Style 80-38-57 is a lined and insulated glove with an outershell constructed of a woven polyester fabric with an inner plastic foam coating. The woven polyester fibers exceed 50% of the weight of the coated fabric. The glove features a palm patch made of vinyl coated knit material, a partially elasticized wrist, a backside textile wrist strap which tightens by means of hook and loop fabric, a hook and clasp, fourchettes and a ribbed knit cuff.

Style 80-34-97 is a mitten with a sewn-in insulated glove liner. The mitten has slits across the upper palm and upper palmside thumb which allow the wearer to expose their glove covered fingers. Slits in the thumb and index finger of the liner permit the user more options. The outershell of the mitten is constructed of woven nylon material. Additional features include a palm patch made of vinyl coated knit material, an elasticized wrist, a hook and clasp, and a ribbed knit cuff. The mitten shows design for use in the sport of hunting. The essential character of the mitten is imparted by the woven nylon outershell material.

The applicable subheading for style 86-01-52 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 19.2 percent ad valorem

The applicable subheading for style 80-38-57 will be 6216.00.2925, HTS, which provides for Gloves, mittens and mitts: impregnated, coated or coated with plastics or rubber: other: with fourchettes: containing 50 percent or more by weight of cotton, man-made fibers or any combination thereof, subject to man-made fiber restraints. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for the style 80-34-97 will be 6216.00.4600, HTS, which provides Gloves, mittens and mitts: other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 4.2 percent ad valorem..

Styles 86-01-52 and 80-38-57 fall within textile category designation 631. Based upon international textile trade agreements products of China within textile categories 631 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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