The tariff classification of gloves from China.

N026422 May 19, 2008 CLA-2-62:OT:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 6216.00.5820 Ms. Carla Ferreira All-Ways Forwarding International Inc. 701 Newark Avenue Suite 300 Elizabeth, NJ 07208 RE: The tariff classification of gloves from China. Dear Ms. Ferreira: In your letter dated April 17, 2008, you requested a classification ruling on behalf of your client, ABG Accessories Division of Elegant Headwear Company Incorporated. The submitted sample will be returned. The submitted sample, style MBS-500-7, is a pair of men’s insulated and lined gloves. The glove features a complete palmside, fourchettes and sidewalls constructed of 100% polyester woven fabric and a complete backside constructed of polyester fleece fabric. A coated fabric overlay extends across the center of the palm to the palmside thumb. The glove also features an elasticized wrist, a hook and clasp, and a hemmed bottom. A Thinsulate trademark label is sewn onto the side seam of the glove. In your letter you assert that the gloves are ski gloves. Although the gloves at issue may technically meet criteria for ski gloves as described in the case of Stonewall Trading Company v. United States, 64 Cust. Ct. 482, C.D. 4203 (1970), the gloves would not be effective in protecting the wearer’s hands from water and moisture. The entire backside is constructed of knit fabric to which snow tends to adhere. The fabric will easily absorb water and allows that water to pass onto the hands of the wearer. In this regard, the gloves are not practical for use in skiing.   The applicable subheading for style MBS-500-7 will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes. The duty rate will be 20.7 cents per kilogram plus 10.4% 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/. The gloves fall within textile category 631. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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