CLA-2-62:RR:NC:WA 354 A80208

Ms. Sarah Kivel Lewis
The North Face
203 Farallon Drive
San Leandro, CA 94577

RE: The tariff classification of gloves from China, Sri Lanka and Korea.

Dear Ms. Lewis:

In your letter dated February 8, 1996, you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. Style 85228, is a lined mitten with a woven textile shell of 100% nylon. The palm-side has textile backed textured vinyl overlays across the fingertips and thumb. The item has a waterproof inner membrane, an elasticized wrist, a hook and a clasp and a seven inch gauntlet that may be tightened by an adjustable draw cord in the hem. A large locking clip at the end of each drawcord facilitates attaching the glove to the wearer's clothing. The mitten is designed for use in the sport of mountaineering.

Style 85215, is a lined mitten, with a separate index finger. The shell is constructed from abrasion resistant woven fabrics. The palm-side has textile backed textured vinyl overlays across the fingertips and thumb. The item features foam padding over the knuckles and forefinger on the back of the hand. The item also has a waterproof inner membrane, an elasticized wrist, a hook and a clasp and a seven inch gauntlet that may be tightened by and adjustable draw cord in the hem. A large locking clip at the end of each drawcord facilitates attaching the glove to the wearer's clothing. The mitten is designed for use in the sport of ice climbing.

Style 85220, is a down lined mitten with a woven textile shell of 100% nylon. The palm-side has textile backed textured vinyl overlays across the fingertips and thumb. The item has a waterproof inner membrane, a partially elasticized wrist with a strap that fastens through a D-ring, a hook and a clasp and a seven inch gauntlet that may be tightened by an adjustable draw cord in the hem. A large locking clip at the end of each drawcord facilitates attaching the glove to the wearer's clothing. The mitten is designed for use in the sport of mountaineering.

Style 85969 is a cross-country ski glove with a textured leather palm-side, leather fingers and thumb and a leather overlay in the crotch of the thumb extending down the forefinger. The glove has a nylon back of the hand above the fingers. This lightweight lightly lined glove features a hook and clasp and a partially elasticized wrist with a one inch strap that adjusts through a D-ring and is secured by a hook and loop closure. The essential character of the glove is imparted by the leather palm-side, fingers and thumb.

Style 85218 is a full fingered polyester knit lightweight glove liner.

Our Headquarters' office has previously ruled that gloves designed for use in cross-country skiing have the following characteristics:

1. Lightweight;

2. Back of the hand made of breathable material with or without perforations;

3. Wrist tightener to hold the glove firmly around the wrist and to prevent snow from entering;

4. Reinforcement on palm and along the thumb or reinforcement along the seam of the index finger and thumb to protect against the stress caused by the pole.

Since style 85969 is similar in all material respects to the glove ruled on, it is properly classifiable as a cross-country ski glove.

The applicable subheading for styles 85228, 85215, 85220 will be 6216.00.4600, Harmonize Tariff Schedule (HTS), which provides for gloves, mittens and mitts: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snow mobile gloves, mittens and mitts. The rate of duty will be 5 percent ad valorem.

The applicable subheading for style 85969 will be 4203.21.5500, HTS 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: cross-country ski gloves, mittens and mitts. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for style 85218 will be 6116.93.8800, HTS, which provides for gloves, mittens and mitts: other: of synthetic fibers: other: without fourchettes. The rate of duty will be 19.6 percent ad valorem.

Styles 85218 fall 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 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 this ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division