Reconsideration of NYRL 871650; classification of gloves

HQ 952420 April 9, 1993 CLA-2 CO:R:C:T 952420 CC CATEGORY: Classification TARIFF NO.: 6216.00.3225 Hebert T. Posner, Esq. Weltz & Posner Empire State Building 350 Fifth Avenue, Suite 7610 New York, NY 10118 RE: Reconsideration of NYRL 871650; classification of gloves Dear Mr. Posner: This letter is in response to your request, on behalf of Gates-Mills, Inc., for reconsideration of New York Ruling Letter (NYRL) 871650, which concerned the classification of gloves. A sample was submitted for examination. FACTS: The merchandise at issue, style 2936, is a woven nylon full- fingered glove. The outer shell has a green, brown, and black camouflage design, and approximately 1 millimeter of plastic foam is bonded to its inner surface. The palm side of the glove has a textile-backed vinyl overlay which extends across the palm to the thumb, index and middle finger. The permanent lining is composed of 2 millimeters foam and fiberfill with a knit nylon substrate. The glove has fourchettes, an elasticized wrist, applied knit cuffs, and a hook and clasp. In NYRL 871650, dated March 20, 1992, we ruled that the subject merchandise is classified under subheading 6216.00.3225 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for gloves, mittens and mitts, impregnated, coated or covered with plastics or rubber, other, with fourchettes, containing 50 percent or more by weight of cotton, man-made fibers or any combination thereof, subject to man-made fiber restraints. You contend that the this merchandise should be classified under a subheading that provides for gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. ISSUE: Whether the merchandise at issue is classifiable as a glove specially designed for use in sports? LAW AND ANALYSIS: Classification of merchandise under the 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. You contend that the merchandise at issue is a cold weather hunting glove and has several design features that show it is specially designed for use in hunting. First, you state that the glove has a tapered index finger for easier finger tip access to the trigger. Second, the glove features "action back," which allows greater hand flexibility and grip. Action back is created by two deep 1/2-inch pleats that open up to 1/2-inch and are spaced 2 inches apart. Third, the palm utilizes Gates' "Toughtek," a textured surface which imparts a non-slip grip and allows the glove to remain soft and pliable in all types of weather. Fourth, you state that the glove contains insulation which allows for warmth without inclusion of unwanted bulk. Fifth, the outer shell is available in a variety of camouflage designs. Also, you have submitted advertisements which you state show that the merchandise at issue is sold as hunting gloves. Finally, you have submitted letters from Gates-Mills' customers which you state confirm that the merchandise is bought and sold as hunting gloves. Customs Headquarters has issue several decisions relating to whether a glove is classifiable as a sports glove because it is specially designed for use in hunting. In Headquarters Ruling Letter (HRL) 083559, dated July 24, 1990, we stated the following: In spite of the claims in the affidavit, the sample gloves do not show a design for use in hunting. Although it is claimed that the gloves are marketed, advertised and sold as hunting gloves, the only relevant design feature is additional insulation for protection against the cold. The other feature is that style HU002 has a trigger finger that is "tapered and slimmed down for a better feel on the trigger." It is our observation that having a more mobile index finger would be useful for many things other than the sport of hunting. It is also our observation that even with the tapering of the index finger the "feel" is not much improved due to the bulk of the gloves. In HRL 088981, dated July 18, 1991, we ruled that the soft leather index or trigger finger of a glove was the component that showed that the glove was designed for use in hunting or shooting. In HRL 089769, dated October 8, 1991, we ruled that despite features for grip and camouflage, the glove had too much bulk and padding that would inhibit trigger sensitivity and movement; thus, the glove was not considered specially designed for hunting. Despite the advertising and other supporting statements, the gloves at issue do not have the requisite design features for classification as hunting gloves. The glove is too bulky, containing padding and multiple layers, to be specially designed for hunting. Although the index finger is tapered, trigger sensitivity and movement are restricted by the bulk of the glove. Therefore, consistent with prior Customs rulings on similar merchandise, we find that the gloves at issue are not specially designed for hunting. HOLDING: The merchandise at issue is classified under subheading 6216.00.3225, HTSUSA, which provides for gloves, mittens and mitts, impregnated, coated or covered with plastics or rubber, other, with fourchettes, containing 50 percent or more by weight of cotton, man-made fibers or any combination thereof, subject to man-made fiber restraints. The rate of duty is 14 percent ad valorem, and the textile category is 631. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or 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. NYRL 871650, dated March 20, 1992, is affirmed. Sincerely, John Durant, Director Commercial Rulings Division