CLA-2:CO:R:C:G 083694, JLJ 835894
Mary E. Gill, Esquire
Sonnenberg, Anderson, O'Donnell and Rodriguez
200 West Adams Street,
Suite 2625,
Chicago, Illinois 60606
RE: Classification of a shooter's glove
Dear Ms. Gill:
You requested a tariff classification ruling for a product
called the Zwicker glove, style No. 5038-9, to be imported from
Haiti.
FACTS:
The merchandise at issue is a shooter's glove worn by
individuals shooting guns to lessen the recoil shock. The
shooter's glove is sold separately rather than in a pair; it is
intended to be worn on the trigger hand alone.
The instant shooter's glove covers the hand, three-fourths
of the thumb, three-fourths of the middle finger which holds the
trigger-guard, and about one-eighth of the other three fingers.
The glove is made of a mixture of a cotton yarn and a
nylon/spandex/polyester yarn covered by deerskin leather on the
thumb, middle finger, palm and one-quarter of the back of the
glove. There is a "Eura Lite" padding material (100 percent
polymer) on the palm and thumb of the glove, sandwiched between
the inner textile and the outer leather layers of the glove. The
glove is made of a pre-existing machine knit material and has no
seams. The textile component which is in chief weight is man-
made fibers. It is intended for use by people shooting a gun for
sport.
The leather component of the shooter's glove covers the
entire palm of the glove, the thumb and the middle finger, what
exists of the other fingers and a portion of the back of the
glove.
-2-
ISSUE:
What is the classification of the instant shooter's glove
under the Harmonized Tariff Schedule of the United States
(HTSUSA)?
LAW AND ANALYSIS:
Classification of the instant merchandise is governed by
the General Rules of Interpretation (GRI), taken in order. The
glove at issue is made up of 100 percent polymer padding,
deerskin leather, cotton yarn, nylon/spandex/polyester yarn,
labels and tags, and a velcro wrist strap.
The competing provisions are subheading 4203.21.80, HTSUSA,
which covers articles of apparel and clothing accessories, of
leather: gloves specially designed for use in sports: other,
and subheading 6116.93.2010, HTSUSA, which covers gloves, knitted
or crocheted, other, other. Subheading 4203.21.80, HTSUSA,
applies because the gloves are partially of leather. Subheading
6116.93.2010, HTSUSA, applies because the textile component which
is in chief weight is man-made fibers. Under GRI 3(b), HTSUSA,
the material that imparts the essential character of the glove
must be determined.
The leather portion provides the grip which is essential to
hold the gun steady and which -- in conjunction with the padding
-- serves to lessen the recoil shock. The leather portion is the
portion which makes the glove a shooter's glove because the role
of the leather portion is considerably more important than that
of the textile portion. It is clear that the leather imparts the
essential character to the shooter's glove; therefore, under GRI
3(b), HTSUSA, the glove must be classified as if it consisted
solely of leather.
Subheading 4203.21.80, HTSUSA, provides for articles of
leather, gloves, specially designed for use in sports, other,
dutiable at the general rate of 4.9 percent ad valorem. GRI
3(b), HTSUSA, requires that we classify the instant shooter's
glove in this subheading. We note that products of Haiti which
are classified in this subheading and which fulfill all the
requirements are eligible for duty-free entry under the
Generalized System of Preferences.
-3-
HOLDING:
The shooter's glove is classified in subheading 4203.21.80,
HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
jackson library 083694
6cc: A.D., N.Y. Seaport (NIS-354)j
1cc: D.D., Milwaukee, Wisconsin