CLA-2-61:RR:NC:TA:354

Mr. Charles Ashear
Paris Asia, Ltd.
350 Fifth Ave. – Floor 70
New York, NY 10118

RE: The tariff classification of a ski mitten from China

Dear Mr. Ashear:

In your letter dated April 3, 2009, you requested a classification ruling. The submitted sample will be returned.

Style FT39A679 is a toddler sized lined and insulated mitten with a complete palmside from fingertips to wrist and thumb constructed of a polyester fleece fabric. The backside of the glove consists of a top portion made of a woven polyester fabric and a lower portion made of a polyester fleece fabric. A coated fabric overlay reinforces the center of the palm extending to the palmside thumb. The glove also features an inner waterproof barrier, padded internal knuckle reinforcement, an elasticized wrist, a hemmed cuff, and a hook and clasp. The mitten will be available in a different color under Style FT39A680. Noting the features of the glove, we agree that it shows a design for use in the sport of skiing.

Style FT39A606 is a toddler sized lined and insulated mitten with an outershell constructed of a 100% polyester woven fabric. The glove features an inner waterproof barrier, padded internal knuckle reinforcement, an elasticized wrist, a coated fabric overlay at the center of the palm which extends to the palmside thumb, a ribbed knit cuff extending from the gauntlet bottom, and a hook and clasp. Noting the features of the glove, we agree that it shows a design for use in the sport of skiing.

The applicable subheading for Styles FT39A679 and FT39A680 will be 6116.93.0800, Harmonized Tariff Schedule of the United States (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 rate of duty will be 2.8 percent ad valorem.

The applicable subheading for Style FT39A606 will be 6216.00.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Gloves, mittens and mitts: other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 2.8 percent 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/.

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