CLA-2:CO:R:C:G 085561 SER
Mr. Robert D. Ewing
Expressline
719 West Ellsworth Road #4
Ann Arbor, MI 48108
RE: Cross-country ski gloves
Dear Mr. Ewing:
This is in reference to your letter received on August 10,
1989, requesting classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of cross-
country ski gloves made in Pakistan. A sample was submitted.
FACTS:
The submitted sample, style XC-3, has a synthetic leather
palm, knit fourchettes and sidewalls, a knit, man-made fiber back
of the hand, an elasticized wrist, and a rib knit cuff. The
back of the thumb and a diagonal 1-3/4" strip across the back of
the hand are made from a terry-type fabric. This glove also has
a synthetic leather reinforcement along the seam of the index
finger and thumb to protect against the stress caused by the
pole. This glove is lightly lined on the back of the hand but
has only padding on the palm side. An inseam construction is
used throughout. From the description of the palm material, it
appears to be of a non-woven man-made fiber that is not
impregnated, coated, or covered with plastics. The inquirer
states that this style of glove has been used by the U.S.
Biathlon Team for two years and that prototypes of this glove
have been used by a cross-country ski racer and a ski instructor.
In addition, orders have been placed by ski shops for the gloves.
ISSUE:
What is the classification of the cross-country ski gloves
under the HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order. When
-2-
goods are prima facie classifiable under two or more headings GRI
3 is applicable. In this case classification is determined by
application of GRI 3(b) which provides "goods consisting of
different materials, shall be classified as if they consisted of
the material which gives them their essential character".
In general "essential character" has been construed to mean
the attribute which strongly marks or serves to distinguish what
an article is; that which is indispensable to the structure, core
or condition of the article. The essential character of the
gloves is imparted by the synthetic leather palm side of the
glove. This material enables a skier to maintain a better grip
on the ski poles. In addition, there is extra material where the
poles would primarily be gripped, from the palm up into the thumb
and index finger area.
Since the essential character has been determined, the
proper heading for the gloves must be determined for proper
classification. Heading 6216, HTSUSA, which provides for gloves,
mittens and mitts, contains subheadings for "ski and snowmobile
gloves, mittens and mitts" which are use provisions controlled by
principal use in the United States (see Additional U.S. Rule of
Interpretation 1(a), HTSUSA). Upon examination of the design
features of this glove and its use, proven and advertised,
Customs believes that the merchandise at issue will be
principally used in cross-country skiing.
HOLDING:
The merchandise at issue, if principally used in cross-
country skiing, is properly classified in subheading
6216.00.4400, HTSUSA, which provides for gloves, mittens and
mitts: other: of man-made fibers: ski or snowmobile gloves,
mittens and mitts. The rate of duty is 5.5 percent ad valorem;
however, the merchandise from Pakistan may be entitled to free
entry under the Generalized System of Preferences if otherwise
qualified.
Sincerely,
John Durant, Director
Commercial Rulings Division