CLA-2-62:S:N:N3H:354 871650

Mr. Herbert T. Posner
Weitz and Posner
350 Fifth Avenue, Suite 7610
New York, NY 10118

RE: The tariff classification of woven "hunting gloves" from China.

Dear Mr. Posner:

In your letter dated February 18, 1992, on behalf of Gates- Mills Inc., you requested a classification ruling. As requested, the sample will be returned to you. Your submitted sample, style 2936, is a full-fingered glove with an outer shell fabric of woven nylon which has a green, brown and black camouflage design. The shell has approximately 1mm of plastic foam bonded to its inner surface. The palm side of the glove has a textile-backed vinyl overlay which extends across the palm to the thumb, index and middle finger. The permanent lining is composed of 2mm foam and fiber fill with a knit nylon substrate. The glove has fourchettes, an elasticized wrist, applied knit cuffs and a hook and a clasp.

You assert that this glove is designed for cold weather hunting and cite the lack of extra foam insulation and thick padding and presence of a tapered index or trigger finger to support your contention. Our examination of this glove reveals that the bulk of the permanent three layered liner does not vary throughout the palm, back, thumb and fingers. In addition we observe that the tapered index fingers offer little to increase the wearer's sensitivity or improve their feel due to bulk caused by five layers of material. Although you indicate that similar gloves are advertised and marketed as hunting gloves we see no distinction between those gloves and other cold weather gloves.

Consequently the applicable subheading for the gloves will be 6216.00.3225, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: impregnated, coated or covered with plastics or rubber: other: with fourchettes, ... subject to man-made fiber restraints. The duty rate will be 14 percent ad valorem.

Style 2936 falls within textile category designation 631. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport