CLA-2-61:OT:RR:NC:TAB:354
6116.93.9400
Ms. Zoe Greye
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124
RE: The tariff classification of gloves from China.
Dear Ms. Greye:
In your letter dated October 17, 2008 you requested a classification ruling.
Style Torque #801665, is a pair of unisex form-fitting ice-climbing gloves with a complete palmside from the fingertips to the wrist made of a textile fabric that has been completely coated on both sides with PVC plastic, which also overlaps four fingertips. The remainder of the outer shell, including the fourchettes, backside, and finger sidewalls, is made of woven nylon fabric. Other features include a hook and loop fastener on the backside wrist and irregular shaped inner molded foam padding placed over three of the backside fingers and on a portion of the backside knuckles and pre-curved finger construction. The wrist portion of the palmside is made of neoprene sandwiched between two knitted fabrics. The essential character of the glove is imparted by the plastics palmside material. The gloves are designed for use in the sport of ice-climbing.
Style Stormweight #801060, is described as a pair of unisex gloves/liners that are designed for runners, hikers and backcountry skiers. The gloves are made up of 100% polyester knit fabric that features a breathable windstopper membrane on the inner surface which is sandwiched between a finely knit polyester fabric on the inner surface and a brushed polyester fabric on the outer surface of the glove. A goatskin leather overlay makes up the palmside, from fingertips to wrist, also overlapping the fingertips and thumb tip. Other features include a partially elasticized wrist, a hook and clasp, and fourchettes. The essential character of the glove is imparted by the leather palmside material.
Style Pilot #801730 is a pair of unisex form-fitting mountaineering gloves. The gloves are made up of a complete palmside, from fingertips to wrist, constructed of goatskin leather with Kevlar stitching, which also overlaps the fingertips and thumb tip, and makes up the sidewall of the thumb and forefinger. The wrist portion of the palmside is made of neoprene sandwiched between two knitted fabrics. The remainder of the glove, including the backside and fourchettes, is made up of 100% woven nylon fabric. A hook and loop fastener is located on the backside wrist. The essential character of the glove is imparted by the leather palmside material. The gloves are designed for use in the sport of mountaineering.
Style Pursuit #801682 is described as a pair of unisex mountaineering gloves that also feature removable inner gloves. The outer gloves are made up of an outer shell composed of a laminated fabric made of 78% nylon, 15% polyurethane and 7% spandex woven fabric that has been laminated to a knit pile fabric on the underside made of mostly polyester. A goatskin suede leather palm patch is located across the center of the palm and covers a portion of the base of the index finger and thumb, and overlaps the leather sidewalls of the thumb and index finger. A small portion of the backside ring and pinky finger, and the backside thumb tip, is also made of leather. The form-fitting gloves feature an extended gauntlet cuff, an elasticized adjustable draw cord on the bottom edge of the extended gauntlet cuff, a partially elasticized wrist, fourchettes, and pre-curved finger construction. The outer gloves are designed for use in the sport of mountaineering and the essential character is imparted by the textile outer shell fabric. Following Chapter 60, Note 1(c), the fabric of the outer gloves of style Pursuit is not considered a fabric of heading 5903, 5906, or 5907 because the inner layer of the fabric lamination is of knit pile construction. Consequently, the applicable subheading for the gloves will be in heading 6116, HTSUS. You state that the removable inner gloves are made of knit merino wool and feature a brushed inner surface, fourchettes and sidewalls, a hook and clasp and a rib knit cuff.
Style Windweight #801062 (men’s) and #801063 (women’s) is a cold weather glove/liner made up of a 100% knit polyester fleece outer shell. A goatskin suede leather palm patch is located across the center of the palm and covers a portion of the base of the index finger and thumb. The tip of the palmside thumb, index and middle fingers feature a small silicon dotted overlay. Other features include a partially elasticized wrist, knit polyester fleece fourchettes and sidewalls, and a hook and clasp. The essential character of the glove is imparted by the knit polyester fabric.
The applicable subheading for style Torque #801665 will be 3926.20.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories (including gloves): gloves: other: specially designed for use in sports: other. The duty rate will be 3% ad valorem.
The applicable subheading for style Stormweight #801060 will be 4203.29.4000, HTSUS, which provides for articles of apparel and clothing accessories, of leather or of composition leather: gloves, mittens and mitts: other: other: for other persons: not lined. The duty rate will be 12.6% ad valorem.
The applicable subheading for style Pilot #801730 will be 4203.21.8060, HTSUS, which provides for articles of apparel and clothing accessories, of leather or of composition leather: gloves, mittens and mitts: specially designed for use in sports: other…other. The duty rate will be 4.9% ad valorem.
The applicable subheading for the outer gloves of style Pursuit #801682 will be 6116.93.0800, HTSUS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The duty rate will be 2.8% ad valorem. The applicable subheading for the removable inner gloves of style Pursuit #801682 will be 6116.91.0000, which provides for gloves, mittens and mitts, knitted or crocheted: other: of wool or fine animal hair. The duty rate will be 31.2 cents per kilogram plus 7% ad valorem.
The applicable subheading for style Windweight #801062 (men’s) and #801063 (women’s) will be 6116.93.9400, HTSUS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fouchettes. The duty rate will be 18.6% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Style Windweight #801062 (men’s) and #801063 (women’s) falls within textile category 631, and the inner gloves of style Pursuit #801682 fall within textile category 431. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Marinucci at (646) 733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division