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NY G83944

November 17, 2000

CLA-2-61:RR:NC:TA:354 G83944


TARIFF NO.: 6116.93.9400

Ms. B. McGoy
Vikora Medical Distributors (Australia) Pty. Ltd. P.O. Box 13
Rose Bay
Sydney NSW 2029

RE: The tariff classification of gloves from China.

Dear Ms. McGoy:

In your letter dated October 20, 2000, you requested a classification ruling.

The provided sample, CAT NO V8083 (Vikora pressure gloves), is a pair of unlined gloves constructed of 80% nylon 20% spandex knitted fabric. The glove features fourchettes and a hemmed bottom.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The hangtag attached to sample indicates the article is a “compression glove for the management of oedema, early lymphoedema, rheumatoid arthritis, burn scars, c.v.a’s, skin conditions and when venous return is desired”. Please note that heading 9021 provides for appliances which are worn to compensate for a defect or disability.

However, Chapter 90 note 1.(b) excludes:

Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (section XI);

Based upon this chapter note Customs is precluded from considering heading 9021 for classification of this article.

The applicable subheading for the gloves 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.

The gloves fall 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.


Robert B. Swierupski

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