CLA-2 CO:R:C:T 089393 JS

Peter J. Fitch
Fitch, King and Caffentzis
116 John Street
New York, N.Y. 10038

RE: Leather gloves; batting gloves; drummer's gloves; classifiable heading 4203, HTSUSA

Dear Mr. Fitch:

This is in reference to your letter of April 23, 1991, requesting classification of leather gloves under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

A sample of the merchandise at issue was provided for our inspection. The item is a full-fingered glove with a palm and palm-side fingers made of smooth pigskin leather. The back of the hand consists of a man-made fabric mesh; the fourchettes are made of knit fabric, and a wide elastic strap with a hook and loop closure is featured at the wrist, directly below a divided elasticized cuff. The entire glove is black.

Two other samples were provided for our comparison, to support the assertion that the drummer's glove is a batting glove put to a different use. One sample is primarily white, and has a palm and palm-side fingers of supple cow hide leather, synthetic knit fourchettes and a back of the hand composed of synthetic knit material. A wide knit, elasticized cuff forms a tab-strap which is secured by hook and loop. The tab-strap has the words "Louisville Slugger" printed on it, and the elasticized portion of the cuff is black with two white stripes. The back of the hand has a circular PVC patch stitched onto it which depicts a white capital "L" on a black background.

The second comparison sample you provided is mostly black with a palm and fingers (front and back) of especially supple cowhide leather. The fourchettes are made of a finely knit synthetic material and the back of the hand has a sturdy, close

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knit elastic mesh. A textile backed PVC patch is sewn onto the back of the hand of this sample as well, with the name "Franklin" printed on it. The tab-strap is also hook and loop secured, and is attached to a black and white striped elasticized cuff.

ISSUE:

What is the classification of a textile and leather glove designed for use by drummers, but styled to resemble batting gloves specially designed for use in sports.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRI may be applied, in the order of their appearance.

Since the gloves at issue are made of both leather and textile materials, which are classifiable under separate headings in the nomenclature (headings 6116 and 4203), we must determine essential character under GRI 3(b):

(b) Mixtures, composite goods consisting of different materials or made up of different components...which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character.

Explanatory Note VIII to GRI 3(b) states that:

The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

The primary surface areas of the glove at issue are covered with leather. The quantity and weight of the leather is significant in comparison to the nylon mesh fabric used to cover the back of the hand. And, although the mesh fabric allows for "breathability" and flexibility, the leather portion of the glove provides the grip for which the glove is purchased.

Heading 4203, HTSUSA, provides for clothing accessories made of leather, including batting gloves. The Explanatory Notes, the

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official interpretation of the tariff at the international level, state that the heading covers clothing accessories of leather or of composition leather. The design and construction of the present merchandise is similar to that of a batting glove, which is commonly identified with and used in the sport of baseball. However, there are several features which detract from consideration of this merchandise as specially designed for use in a sport:

1) The strap is positioned below an elasticized cuff as opposed to being part of an elasticized cuff, as is the case with the two comparison samples which are undeniably gloves used for batting. In addition, the cuff of the subject item is divided for ease of movement and comfort, which is essential for the various hand positions required while drumming.

2) The leather used in the current sample is made of pigskin and has a smooth surface. The comparison samples both have leather palms made of a very supple cowhide instead; this type of leather is chosen for batting gloves because it is soft and has a textured surface, which allows the glove to conform to the hand quickly, and provide a non-slip grip with a bat. Although the palm and palm side fingers of the drummer's glove are made of leather, the leather is of a lower quality which does not provide the requisite grip for batting.

3) There is a monochromatic appeal to the subject glove which is dictated by the activity, drumming, for which it is intended. Batting gloves, on the other hand, are typically more than one color, although one color may dominate; this, in addition to stripes, pictures, or words and names relating to baseball distinguish batting gloves, such as the samples provided for comparison, from drummer's gloves.

For the reasons stated above, the merchandise at issue may not be considered for classification as a batting glove (specially designed for use in sports) since drumming is not a sport but a musical activity.

HOLDING:

The glove at issue is therefore classified under subheading 4203.29.3010, HTSUSA, which provides for articles of apparel and clothing accessories, of leather or of composition leather: other: other: other: men's, not lined, dutiable at the rate of 14 percent ad valorem per dozen pairs.

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Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division