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NY H82426

July 10, 2001

CLA-2-42:RR:NC:N3:341 H82426


TARIFF NO.: 4202.12.8030, 6216.00.5820

Mr. Gordon Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of a portfolio and gloves from China.

Dear Mr. Anderson:

In your letter dated May 22nd, 2001, you requested a ruling on behalf of Portable Products, Div. of Fiskars Inc. on tariff classification.

The samples submitted with your request consist of “contractor’s portfolio,” #57021, and a pair of work gloves called “True Grip”.

“Contractor’s portfolio” is a zippered portfolio that measures 11 1/2” x 13” x 2 1/2” and is made of textile material of man-made fibers. The interior contains a pad of paper, a gusseted pocket, a zippered pocket, multiple credit or business card and pencil slots and a pouch that is secured by a flap with a hook and loop closure. The sales literature, within which the portfolio is packed for retail sale, describes it as being able to carry the essentials for meeting and job site visits. The pouch is intended to hold a tape measure or calculator . It is designed to contain the file folders and other stationary type articles commonly carrier in a briefcase or attaché case including the writing pad. The “Contractor’s Portfolio”, style 57021, is an article of a kind similar to the eo nomine goods of heading 4202, HTS, such as a briefcase or attaché case . Therefore, taken as a whole, it is an article classifiable in heading 4202, HTS. Articles of heading 4202, HTS, are excluded from classification in heading 4820, HTS , by Chapter 48 Legal Note 1(h). Therefore, classification within heading 4820, HTS, is precluded.

“True Grip” is a work glove that is constructed with a synthetic leather palm side and a knitted man-made fabric backside with a terrycloth fabric backside thumb. Kevlar overlays cover the center of the palm, the base of the palm side fingers, a portion of the thumb and palm side forefinger, palm side fingertips and two of the backside fingertips. The glove features a tight fit, a pull on tab on the palm side, and a fabric trimmed vented wrist with hook and loop fasteners securing the textile tab closure. The synthetic leather palm side material imparts the essential character of the glove.

The applicable subheading for “contractor’s portfolio” will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcasesattache cases, brief casesof man-made fibers. The general rate of duty will be 18.3 percent ad valorem.

The applicable subheading for “true grip” will be 6216.00.5820, HTS, which provides for gloves, mittens and mitts, with fourchettes, other. The general rate of duty will be 21.1 cents/kg + 10.6 percent ad valorem.

Items classifiable under HTS subheading 4202.12.8030 fall within textile category designation 670. Items classifiable under HTS subheading 6216.00.5820 fall within textile category 631. Based upon international textile trade agreements products of China are currently 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.

Your samples are being returned as requested.

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 Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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