CLA-2 CO:R:C:G  085398 DSN
Beth C. Brotman, Esquire
          Siegel, Mandell & Davidson, P.C.
          One Whitehall Street
          New York, New York 10004
          RE:  Reconsideration of NYRL 839679 of April 27, 1989
          Dear Ms. Brotman:
                This ruling letter is in response to your request on behalf
          of McCrory Stores, for reconsideration of NYRL 839679 of April
          27, 1989, regarding tariff classification under the Harmonized
          Tariff Schedule of the United States (HTSUSA), for gloves
          produced in Taiwan.  A sample was submitted for examination.
          FACTS:
                The sample at issue, style number N168A/947523 is a men's
          dress glove composed of acrylic knit fabric with a full overlaid
          leather back and a small leather patch on the palm side.
          According to your submissions, the leather portion cost $11.68
          per dozen compared to $2.79 per dozen for the acrylic portion.
          You assert that the glove is designed to be worn as a cold
          weather glove and that the leather portion provides protection
          against inclement weather.  NYRL 839679 classified the glove
          under subheading 6116.93.2010, HTSUSA.
          ISSUE:
                Whether the glove is correctly classified under subheading
          6116.93.2010, HTSUSA.
          LAW AND ANALYSIS:
                Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI's), taken in order.  The
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          glove at issue cannot be classified pursuant to GRI 1 since more
          than one heading describes the glove.  The leather component of
          the glove constitutes more than trimming (see the general
          Explanatory Notes to Chapter 61, HTSUSA), and thus cannot be
          ignored for tariff purposes.
                Since the glove at issue is composed of leather and textile
          classification is according to GRI 3.  Previously, our position
          regarding similar gloves was that GRI 3(a) applied, resulting in
          the heading providing the most specific description being
          applicable.  HRL 082149 of March 20, 1989.  However, we concluded
          in HRL 084537 of June 14, 1989, that the two competing
          provisions, heading 4203 and heading 6216 are equally specific,
          and therefore, GRI 3(b) is applicable.  This analysis also
          applies to heading 6116, HTSUSA, as discussed later.
                Heading 4203, HTSUSA, provides for articles of apparel and
          clothing accessories, of leather or of composition leather.  The
          chapter notes to chapter 42 state that for the purposes of
          heading 4203, the expression "articles of apparel and clothing
          accessories" applies, inter alia, to gloves.  This note is
          incorporated into heading 4203 so that the heading covers gloves
          of leather.
                Heading 6116, HTSUSA, provides for gloves, mittens and
          mitts, knitted or crocheted.  The chapter notes to chapter 61,
          state that the chapter applies only to made up knitted or
          crocheted articles.  As with the notes to chapter 42, this note
          is incorporated into heading 6116, and the provision covers
          gloves made up of knitted or crocheted fabric.  Since both
          headings are equally specific as to the description of this
          merchandise, we cannot determine classification according to GRI
          3(a).
                GRI 3(b) provides that composite goods which cannot be
          classified by GRI 3(a), shall be classified according to their
          essential character.  The Explanatory Notes constitute the
          official interpretation of the tariff at the international level.
          According to the Explanatory Notes, essential character may be
          determined by the nature of the component, its bulk, quantity,
          weight or value, or by the role of a constituent material in
          relation to the use of the goods.
                With respect to the glove at issue, the quantity, weight
          and value of the leather is significantly greater than the
          textile.  It is our opinion that the leather imparts the
          essential character, and therefore the glove is classified in
          heading 4203, HTSUSA.  See HRL 083450 of August 25, 1989 and HRL
          084537 of June 14, 1989, where textile and leather gloves were
          classified under heading 4203, HTSUSA, pursuant to GRI 3(b).
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          HOLDING:
                The glove at issue is classified under subheading
          4203.29.2000, HTSUSA, which provides for articles of apparel and
          clothing accessories, of leather or of composition leather,
          gloves, mittens and mitts, other, not seamed, and dutiable at the
          rate of 14 percent ad valorem.
                NYRL 839679 of April 27, 1989, is modified accordingly.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division