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NY L89356

February 10, 2006

CLA-2-42:RR:NC:TA:354 L89356


TARIFF NO.: 4203.29.1500; 6116.93.9400

Ms. Lori J. P. Boullet
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of a glove from China.

Dear Ms. Boullet:

In your letter dated February 1, 2006, you requested a classification ruling on behalf of Mountain HardWear, a wholly owned subsidiary of Columbia Sportswear. We are retaining the sample glove for our files.

Style OM1430 consists of a shell glove and a removable liner glove. The shell glove is constructed with backside stretch woven nylon inserts at the center of four fingers and also at the knuckle area extending slightly below the wrist. The backside thumb which serves as a nose wipe is made of a PU suede. The remainder of the glove outershell is constructed of a cowhide leather. The glove features a waterproof barrier and a sewn-in fleece lining with an underside foam coating. Additional features include fourchettes, an elasticized wrist, a hook and clasp, a fabric trimmed gauntlet measuring approximately 3-inches in length from the wrist with a tab tightener that is secured by hook and loop fasteners, and curved fingers. The “Mountain HardWear” logo is embroidered at the backside knuckle area. The removable liner glove is constructed of a polyester fleece fabric with fourchettes, sidewalls, and a sewn-on fleece cuff measuring approximately 2-inches in length. The attached retail display card indicates that the shell and liner glove can be used independently. We found that the Mountain HardWear web site notes the wearer can wear the shell or liner alone, or use both for warmth and functionality.

You indicate in your letter that the subject glove is a ski glove. It is referred to as the “Snopro Glove” on the attached retail display card and also on the submitted catalog page copy. It is featured in that catalog under the “Handwear Snowsports” section where it is advertised for usage in snowsports and mountaineering. On the Mountain HardWear web site we found the glove advertised as “our workhorse backcountry 3-in-1 glove” under snowsports. We find that the glove does not possess the special design features particular to the sport of skiing or to the sport of mountaineering. We are, therefore, classifying the shell glove as a cold weather multi-purpose glove under 4203.29.1500, HTSUS, not as a sports glove.

You refer to the liner glove in your letter as a dedicated removable liner. However, we find style OM1430 consists of two different styles of gloves clearly suitable for use separately and classifiable individually based on their respective shell materials.

The applicable subheading for the Style OM1430 shell glove will be 4203.29.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Gloves of horsehide or cowhide (except calfskin) leather: Other: With fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the Style OM1430 liner glove will be 6116.93.9400, HTSUS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 18.6 percent ad valorem.

The glove liner falls within textile category designation 631. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.


Robert B. Swierupski

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