HQ 082226
March 30 1989
CLA 2:CO:R:C:G 082226 SR
Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108
RE: Classification of a biking glove
Dear Mr. O'Neill
This is in reference to your letter dated December 1, 1987, requesting the classification of a biking glove under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample was submitted.
FACTS:
The merchandise at issue is a textile glove designed for use in bicycle motocross racing. The back of the glove is substantially covered with a molded polyvinyl chloride plastic
reinforcement which is topstitched over the back of each finger, the back of the knuckles, and the back of the hand. The layer under the plastic reinforcement consists of a nylon mesh.
The palm side of the glove is made up of a woven napped fabric which has a light application of polyurethane plastic on both sides. An additional layer of this woven fabric reinforces the inside seam of the thumb. Underneath the woven fabric of the palm and under the nylon mesh on the back of the hand is a layer of polyurethane padding backed by a knit nylon. An outseam construction is used on the palm side of the glove.
The glove also has knit nylon fourchettes and sidewalls and an applied, ribbed knit polyester cuff.
ISSUE:
What is the classification of the motocross gloves at issue?
2
LAW AND ANALYSIS:
Chapter 95, note 1(e), HTSUSA, excludes sports clothing of textiles of chapter 61 or 62, including gloves, from classification with the balance of the sport equipment in chapter 95. Chapter 61 provides the classification for knit gloves; woven gloves are provided for in
chapter 62.
Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 2(b) provides that classification of goods
consisting of more than one material or substance shall be according to the principles of GRI 3. Under GRI 3(b), goods consisting of different materials are classified as if they consisted of the material which gives them their essential character. These gloves are composed of several materials; therefore, under GRI 3(b) they must be classified under the material which imparts the essential character.
Although the polyvinyl chloride reinforcers and the nylon knit fourchettes and sidewalls are important features of the glove they do not give the glove its essential character.
Motocross racing can involve riding a bike through rough, bumpy terrain in loose dirt or rocks. The bike vibrates a lot and is often thrown off balance. The woven fabric of the palm of
the glove provides extra grip that helps the rider stay on the bike. The nylon knit mesh on the back of the hand allows the gloves to breathe and helps keep the hand cool when the rider
sweats. The palm serves an important safety function in avoiding critical injury, whereas the mesh back only provides aeration.
HOLDING:
The motocross racing gloves at issue are classifiable under subheading 6216.00.3820, HTSUSA, as gloves, mittens and mitts, other, of cotton, other, with fourchettes. The textile category number is 331, the rate of duty is 25 percent ad valorem.
Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division