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NY L85185





June 22, 2005

CLA-2-62:RR:NC:TA:354 L85185

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.0800; 6216.00.0800; 6216.00.4600

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue, 70th Floor
New York, New York 10118

RE: The tariff classification of gloves from China.

Dear Mr. Ashear:

In your letter dated May 24, 2005, you requested a tariff classification ruling. The submitted samples will be returned as per your request.

Style AW45M508 is a boys’ lined and insulated mitten with a complete palmside from the fingertips to the wrist and the backside fingertips area constructed of a woven man-made fiber fabric with a polyurethane coating on the outer surface. The balance of the outershell is made of a woven nylon fabric. Coated fabric reinforcements are located at the center of the palm extending to the palmside thumb and also on the backside thumb fingertip. Additional features include a waterproof barrier, a partially elasticized wrist, a hook and clasp, padded internal knuckle reinforcement, a zippered pocket at the backside finger and knuckle area, a backside textile wrist strap secured by hook and loop fasteners, and a ribbed knit cuff extending from the gauntlet bottom.

Style AW45M511 is a lined and insulated glove with an outershell constructed of a woven polyester fabric. The glove features a waterproof barrier, padded internal knuckle reinforcement, an elasticized wrist, a coated fabric overlay at the center of the palm which extends to the palmside thumb, inner foam padding on the backside, a hemmed cuff, a hook and clasp, fourchettes, and sidewalls.

Style AW45M512 is a lined and insulated glove with palmside fingers and the backside forefinger made of a woven coated fabric. The balance of the outershell is constructed of a woven nylon fabric. Coated fabric overlays are located at the center of the palm extending to the palmside thumb and also at the upper half of the backside thumb. The glove features a waterproof barrier, padded internal knuckle reinforcement, a partially elasticized wrist, a backside textile wrist strap secured by hook and loop fasteners, rubberized pads sewn into the outershell on the backside knuckle area and on three of the fingers, inner foam padding on the backside, a hemmed cuff, a hook and clasp, fourchettes, and sidewalls. You asserted classification as a coated fabric glove under 6216.00.0800, HTS. However, the essential character of the glove is imparted by the uncoated woven nylon outershell material classifiable under 6216.00.4600, HTS.

Style AW45M514 is a boys’ lined and insulated glove with the complete palmside from the fingertips to the wrist constructed of a knitted man-made fiber fabric with a PVC coating the outer surface. The balance of the outershell is constructed of a woven nylon fabric. The glove features a waterproof barrier, padded internal knuckle reinforcement, a partially elasticized wrist, an adjustable textile wrist strap on the backside, a coated fabric reinforcement on the backside thumb fingertip, inner foam padding on the backside, a hemmed cuff, a hook and clasp, a zippered pocket at the backside finger and knuckle area, fourchettes, and sidewalls.

The cumulation of features on all styles shows a design for use in the sport of skiing.

The applicable subheading for Style AW45M508 will be 6216.00.0800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The duty rate will be 0.8 percent ad valorem.

The applicable subheading for Style AW45M511 and AW45M512 will be 6216.00.4600, HTS, which provides for 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 2.8 percent ad valorem.

The applicable subheading for Style AW45M514 will be 6116.10.0800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: 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 2.8 percent ad valorem.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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