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NY G81484




October 2, 2000

CLA-2-61:RR:NC:TA:354 G81484

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.9400

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of gloves from China.

Dear Mr. Lynch:

In your letter dated September 11, 2000, you requested a classification ruling on behalf of Cyrk Inc. As per your request, the provided sample will be returned to you.

The submitted sample, Style MAR 252, is a lined glove with a complete palmside from the fingertips to the hemmed cuff and fourchettes constructed of a 100% polyester fleece. The backside of the glove is made of a woven fabric with a thin inner foam coating. Coated fabric patches are sewn at the center of the palm, on the palmside thumb and forefinger, the upper part of the three remaining palmside fingers, and the inner most portion of the backside thumb. The sewn-on patches leave the thumb crotch seam exposed on the sample glove. Additional features include a partially elasticized wrist, a textile wrist strap on the backside which is secured by means of hook and loop fabric, backside insulation from the knuckle area down to the cuff, and a hook and clasp.

You assert that the glove is specially designed for use in sports including skiing and snowmobiling as defined in Sports Industries, Inc. v. United States in which the Customs Court held that “whether an article is specially designed or specially constructed for a particular purpose may be determined by an examination of the article itself, its capabilities, as well as its actual use or uses”.

To determine if the gloves are designed for use in skiing and snowmobiling we must refer to the case of Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4023 (1970), in which the Customs Court held that certain vinyl gloves were properly classifiable under the provision for other ski equipment, in item 734.97, TSUS (now provided for in various U.S. subheadings). These gloves were found to have the following characteristics:

1. a hook and clasp to hold the gloves together;

2. an extra piece of vinyl stitched along the thumb portion to meet the stress caused by the flexing of the knuckles when the skier grasps the ski pole;

3.an extra piece of red colored vinyl with padding reinforcement and inside stitching, which is securely stitched across the middle of the glove where the knuckles bend and cause stress;

4.cuffs with an elastic gauntlet to hold the gloves firm around the wrist, so as to be waterproof, and to keep it securely on the hand.

In examining the sample glove, we find it is lacking sufficient reinforcements at both the thumb crotch and knuckle area. In our opinion the glove fails to provide the necessary coverage to meet the rigors of skiing or snowmobiling as outlined in Stonewall Trading Company v. United States.

The applicable subheading for Style MAR 252 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: other: with fourchettes. The duty rate will be 19.1 percent ad valorem.

Style MAR 252 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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