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March 5, 1999

CLA-2-61:RR:NC:TAB:354 D86423


TARIFF NO.: 6116.10.5510

Mrs. Alice Wagner
Tower Group International
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of nitrile coated knit gloves from Canada; Article 509

Dear Mrs. Wagner:

In your letter dated December 30, 1998, on behalf of Superior Glove Works, Ltd. of Canada, you requested a ruling on the status of coated gloves from Canada under the NAFTA.

You have submitted two samples, the first is a cut and sewn glove made from finely knit 100% cotton fabric. The glove features a 7cm. wide rib knit cuff. You have indicated that it will made in Hong Kong. The second sample is the same finely knit cotton glove which has been imported from Hong Kong into Canada and then partially coated, by a dipping process, with nitrile rubber. The coating covers the palmside and a portion of the back. The nitrile coating is obtained from a U.S. firm. The glove is composed of 63% cotton and 37% nitrile by weight.

The applicable tariff provision for the nitrile coated glove will be 6116.10.5510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for gloves . . . , knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: subject to cotton restraints. The general rate of duty will be 13.6 percent ad valorem.

The coated glove falls within textile category designation 331. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

Since quota and visa restrictions 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.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/39, HTSUSA. That note states:

A change to subheadings 6113 through 6117 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001 through 6002, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

In this case the non-originating material (the HK knit glove classified in HTS 6116) has not undergone a change from another chapter.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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 212-637-7083.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.


Robert B. Swierupski

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