CLA-2:CO:R:C:G 085247 SR

Ms. Beth C. Brotman
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N. Y. 10004

RE: Reconsideration of NYRL 839679

Dear Ms. Brotman:

This is in reference to your letter dated May 10, 1989, requesting the reconsideration of New York Ruling Letter (NYRL) 839679, dated April 27, 1989, which concerned the classification of gloves.

FACTS:

The merchandise at issue is a man's dress glove. It is composed of acrylic knit fabric. It has a full overlaid leather back and a small leather patch on the palm side. The importer states that the cost of the leather is $11.86 per dozen, and the cost of the acrylic is $2.79 per dozen. NYRL 839679 Classified the glove in subheading 6116.93.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), under General Rule of Interpretation (GRI) 3(a), HTSUSA (most specific of competing provisions).

ISSUE:

Whether the gloves at issue are classifiable as gloves of leather or of textile.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the GRI's, taken in order. The glove at issue is made up of leather

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and textile material. As such, the glove at issue is a composite good consisting of different materials as provided for in GRI 3(b).

The glove is described, in part, by two HTSUSA provisions, subheadings 4203.29, and 6116.93, which are regarded as equally specific since each refers to part only of the materials comprising the composite good. Thus, under GRI 3(b) the material that imparts the essential character of the glove must be determined. The glove at issue has a leather overlay on the back. Although the leather overlay costs more that the textile, it functions only to provide some extra warmth and help the knit portion of the glove keep its shape. It is the knit acrylic portion of the glove that makes up most of the glove; it provides the structure of the glove and warmth for most of the hand. Because the leather is on the back of the glove, it would not be of much assistance in keeping the hand dry. It is the textile material of the glove at issue that imparts the essential character.

HOLDING:

Pursuant to GRI 3(b), HTSUSA, the glove at issue is classifiable under subheading 6116.93.2010, which provides for gloves, mittens and mitts, knitted or crocheted, of synthetic fibers, other without fourchettes. The textile category number is 631, the rate of duty is 19.8 percent ad valorem. The reasoning of NYRL 839679 is hereby modified accordingly.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director
Commercial Rulings Division

6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference