CLA-2 CO:R:C:T 954425 SK

Margaret R. Polito
Neville, Peterson & Williams
39 Broadway
New York, N.Y. 10006

RE: Classification of two styles of woven nylon gloves; subheadings 6216.00.3225; not ski gloves; knit fourchettes and sidewalls not suitable for use in skiing; Stonewall Trading Company v. U.S., 64 Cust. Ct. 482, C.D. 4023 (1970); Castelazo & Associates, Stonewall Trading Co. v. U.S., 76 Cust. Ct. 299, Abs. P76/46 (1976); HRL 082336 (11/21/88); HRL 088374 (6/24/91); HRL 952393 (8/28/92).

Dear Ms. Polito:

This is in response to your inquiry of May 13, 1993, in which you request the tariff classification of two styles of gloves. Samples were sent to this office for examination and, as per your request, will be returned to you under separate cover.

FACTS:

Two styles were submitted to this office for classification: styles 320 and 310.

Style 320 is a man's fully lined glove constructed from woven nylon fabric which has approximately 1 millimeter (mm) of foam bonded to the inner surface. The glove features acrylic knit fourchettes, sidewalls and cuffs. The lining is made of a knit fabric and plastic foam. The gloves have overlaid textile- backed vinyl palm and thumb reinforcement. The glove also has internal textile-backed vinyl reinforcement and foam padding across the back of the knuckles, a partially elasticized wrist, and a hook and clasp closure. Style 310 is the same glove sized for women.

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ISSUE:

Whether the articles at issue are classifiable as ski gloves?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's) 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.

Our initial inquiry is whether the submitted gloves have been designed for use in skiing and whether they are properly classifiable as "other gloves ... especially designed for use in sports, including ski[ing]", under heading 6216, HTSUSA. Several characteristics deemed indicative of such design were enumerated in Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4023 (1970). In Stonewall, the Court held that certain vinyl gloves were classifiable as "other ski equipment" in item 734.97, TSUS, (now provided for in various HTS subheadings) because the gloves were deemed to have been specially designed for use as ski gloves by exhibiting the following:

1) A hook and clasp to hold the gloves together;

2) An extra piece of vinyl stitched along the thumb to meet the stress caused by the flexing of the knuckles when the skier grasps the ski pole;

3) An extra piece of vinyl with padding reinforcement and and inside stitching which is securely stitched across the middle of the glove where the knuckles bend and cause stress;

4) Cuffs with an elastic gauntlet to hold the gloves firm around the wrist so as to be waterproof and to keep it securely on the hand.

These criteria are not prerequisites mandated of all ski gloves; rather, they provide a guideline intended to aid in determining whether certain gloves have been designed for use in skiing. These criteria are neither mandatory, nor all-inclusive, and a case by case analysis will be used by Customs in determining whether a glove's design merits classification as a ski glove under heading 6216, HTSUSA. See Headquarters Ruling Letter (HRL) 082336, dated November 21, 1988, in which Customs

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noted, "[t]he fact that the court found certain gloves to be classifiable as other ski equipment cannot be construed as either a limitation or as a blanket approval for any gloves that possess such [the same] features." See also HRL 088374, dated June 24, 1991, in which this office held that "the factors cited in Stonewall demonstrate prima facie that the subject merchandise is specially designed for skiing; failure of a glove to meet all of the Stonewall criteria will not prevent its classification as a ski glove, nor will satisfaction of the criteria automatically dictate classification as a ski glove." We similarly noted in HRL 952393, dated August 28, 1992, that the Stonewall Court "created a rebuttable presumption that a glove possessing all four of the enumerated characteristics has been designed as a ski glove. Customs may consider other factors which effectively refute this presumption. Such factors may include whether the gloves are functionally practicable for use in skiing, whether the gloves appear suitable for use in skiing, and whether the gloves are marketed as ski gloves. While a glove's appearance, and the manner in which it is marketed, are certainly indicators of classification, it is the glove's suitability for use in skiing that is determinative of whether classification as a ski glove is proper. Even if the Stonewall characteristics have been met, a glove is not classifiable as a ski glove if it is not functionally practicable for use as such." As is apparent from the above-cited rulings, Customs has consistently held that even if a glove were to possess all the features enumerated in Stonewall, it would not definitively serve to classify the glove as a ski glove.

Our examination of the subject merchandise yields the finding that while the gloves at issue may technically meet the guidelines set forth in Stonewall, (i.e., both gloves have a hook and clasp closure, an extra piece of vinyl reinforcement stitched across the thumb, vinyl reinforcement stitched across the knuckles, cuffs with elastic gauntlet) these gloves are nevertheless ill-suited for use in skiing for several reasons. First, the fourchettes, sidewalls and cuffs on both styles are constructed from knit acrylic fibers to which snow tends to adhere. This fabric easily absorbs water and allows that water to pass to the hands of the wearer. Also, the cuffs and elasticized wrists on both styles of gloves are not sufficiently tight so as to prevent snow and water from entering the gloves. Obviously, these are not acceptable characteristics for a ski glove. While you accurately state that neither the HTSUSA nor case law mandates that ski gloves be completely water resistant, common sense dictates that in order for a glove to be deemed as designed for use as a ski glove it must be suitable for such use. Gloves that are comprised of significant amounts of knit fabric which allow moisture to penetrate directly to the wearer's hands are not suitable for use is skiing.

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These features speak to the overall suitability of the gloves for use in skiing and indicate that these gloves may have been designed as cold-weather gloves, but not specifically as ski gloves. And, while not determinative of this matter, we further note that no persuasive marketing evidence was submitted with your ruling request which would help establish your claim that the gloves at issue are designed, marketed and sold as ski gloves. You cite Castelazo & Associates, Stonewall Trading Co. v. U.S., 76 Cust. Ct. 299, Abs. P76/46 (1976) as supporting your contention that the use of knit fourchettes is acceptable in ski gloves. Reliance on Castelazo is misplaced in that the glove in that case only had textile inserts on the thumb of a plastic glove; those gloves are clearly distinguishable from the gloves in the instant case which have knit acrylic fourchettes, sidewalls and cuffs.

You also submit photocopies of ski gloves referenced in your submission as Exhibits A, B and C. These Exhibits are intended to show a fair cross representation of ski gloves. We note that none of the ski gloves depicted have cuffs like the those found on styles 320 and 310, nor do any of the gloves resemble the gloves currently at issue. Of great significance is the fact that none of the gloves have knit fourchettes and most have wrist tighteners and/or extended gauntlets. The knit cuffs visible on three styles in Exhibit A are distinguishable from the gloves at issue in that they are attached to the inside of the glove and not at the top of the glove. This ensures greater protection from ice, snow and water. We are not persuaded that the gloves depicted in the submitted Exhibits resemble the gloves at issue so as to warrant the latter's classification as ski gloves.

It is this office's position that neither of the gloves in the instant case are properly classifiable as ski gloves. The gloves are not suitable for use in skiing primarily because they have loose cuffs and would allow a skier's hands to get wet by virtue of knit fourchettes, sidewalls and cuffs.

HOLDING:

Styles 320 and 310 are classifiable under subheading 6216.00.3225, HTSUSA, which provides for gloves, mittens and mitts with fourchettes, impregnated, coated or covered with plastics or rubber, subject to man-made fiber restraints. The applicable rate of duty is 14 percent ad valorem and the textile quota category is 631.

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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 your client 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 updated weekly and is available at the local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client 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