CLA-2-61:S:N:N5:354 885375
Mr. Mark McEwen
A.N. Deringer Inc.
P.O. Box 284
Highgate Springs, VT 05460
RE: The tariff classification of textile gloves from Korea.
Dear Mr. Mc Ewen:
In your letter dated April 16, 1993, on behalf of Gordini
U.S.A., Inc., you requested a classification ruling.
You have submitted four samples. Your first submitted
sample style 023 is a full-fingered glove with a shell
constructed from knit polyester fleece material. The glove
features an extended gauntlet with a closed center vent, an
elasticized wrist and a hook and a clasp. The glove also has a
leather overlaid palm and thumb reinforcement. The essential
character of the glove is imparted by the textile shell.
Your second submitted sample style 837 is a full-fingered
glove with a shell constructed from knit polyester fleece
material. The lining is constructed from a knit man-made
material fabric. The glove features a partially elasticized
wrist, a one inch strap that fastens through a D-ring with a hook
and loop closure, a waterproff interliner and a hook and a
clasp. The glove also has a leather overlaid palm and thumb
reinforcement. The essential character of the glove is imparted
by the textile shell.
Your third submitted sample style 7239 is a mitten with a
shell constructed from knit polyester fleece material. The
lining is constructed from a knit man-made material fabric. The
mitten features a partially elasticized wrist, a one inch strap
that fastens through a D-ring with a hook and loop closure, a
waterproof interliner and a hook and a clasp. The mitten also
has a leather overlaid palm and thumb reinforcement. The
essential character of the glove is imparted by the textile
shell.
Your fourth submitted sample style 3837 is a full-fingered
unlined glove with a shell constructed from knit polyester fleece
material. The glove features an elasticized wrist and a hook and
a clasp. The glove also has a leather overlaid palm and thumb
reinforcement. The essential character of the glove is imparted
by the textile shell.
Although you assert that the items are ski gloves there are
several negative factors which preclude classification as ski
gloves:
1) The gloves have a soft fleece exterior which will absorb
and retain moisture, stretch out of shape and/or
expand, and dry slowly, characteristics highly
unsuitable to the sport of skiing where contact
with the snow is a common occurrence.
2) The overall appearance of the gloves and mitten indicate
their similarity to the gloves sold as cold weather
gloves in most department stores. The primary use
of fleece material indicates a design for comfort and
warmth, rather than for use in sports.
3) The gloves lack padded textile backed reinforcement
across the back of the knuckles.
The applicable subheading for all styles will be
6116.93.8800, Harmonized Tariff Schedule of the United States
(HTS), which provides for gloves, mittens and mitts, knitted or
crocheted: other: of synthetic fibers: other: without
fourchettes. The duty rate will be 19.8 percent ad valorem.
All Styles fall within textile category designation 631.
Based upon international textile trade agreements, products of
Korea 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