CLA-2 CO:R:C:T 951752 CC 858117
Gary Hanson
Thunderwear
930-E Calle Negocio
San Clemente, CA 92672
RE: Classification of jet ski gloves; modification of
NYRL 858117
Dear Mr. Hanson:
New York Ruling Letter (NYRL) 858117, dated December 10,
1990, concerned the classification of jet ski gloves from Korea
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). We have had the occasion to review this
ruling and find that the classification of the jet ski gloves is
in error.
FACTS:
The merchandise at issue consists of gloves designed for the
sport of jet skiing. Style T670-A is a full-fingered glove;
Style T670-B is a half-fingered glove. The back of the hand of
these gloves is made of neoprene laminated on both sides with a
man-made knit fabric. The gloves feature a mid-cuff, a side
vent, and a 2-inch strap, which is fastened by a hook and loop
closure.
In NYRL 858117 we stated that the palm and palm side of the
thumb were made of leather. That statement is incorrect.
Further examination of the gloves has shown that this portion is
actually made of Clarino, a non-woven synthetic leather material
of man-made fibers. In NYRL 858117 it was determined that the
material of the palm and palm side of the thumb imparted the
essential character to this merchandise. Accordingly the gloves
were classified under subheading 4203.21.8060, HTSUSA, which
provides for articles of apparel and clothing accessories, of
leather or of composition leather, gloves, mittens and mitts,
specially designed for use in sports, other, other.
ISSUE:
How are the gloves at issue classified?
LAW AND ANALYSIS:
GRI 3(b) provides that mixtures, composite goods consisting
of different materials or made up of different components, and
goods put up in sets for retail sale shall be classified as if
they consisted of the material or component which gives them
their essential character. IN NYRL 858117, it was determined
that the material of the palm and palm side of the thumb imparted
the essential character to this merchandise. We find that this
determination is correct, since the material of the palm side of
the glove makes up a substantial portion of the gloves and
provides the grip needed when jet skiing. Because this material
is made of non-woven man-made fibers, the gloves at issue are
classified in Heading 6216, HTSUSA, which provides for articles
of apparel and clothing accessories, not knitted or crocheted,
gloves, mittens and mitts.
HOLDING:
The merchandise at issue is classified under subheading
6216.00.4600, HTSUSA, which provides for gloves, mittens and
mitts, other, of man-made fibers, other gloves, mittens and
mitts, all the foregoing specially designed for use in sports,
including ski and snowmobile gloves, mittens and mitts. The rate
of duty is 5.5 percent ad valorem. No textile category is
currently assigned to merchandise classified under this
subheading.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying
NYRL 858117 to reflect the above classification effective with
the date of this letter. However, if after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within 30 days of the date of this letter.
This notice to you should be considered a modification of
NYRL 858117 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to NYRL 858117 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
client's merchandise under that ruling. However, for the
purposes of future transactions in merchandise of this type,
NYRL 858117 will not be valid precedent. We recognize that
pending transactions may be adversely affected by this
modification, in that current contracts for importations arriving
at a port subsequent to this decision will be classified pursuant
to it. If such a situation arises, your client may, at its
discretion, notify this office and apply for relief from the
binding effects of this decision as may be warranted by the
circumstances. However, please be advised that in some instances
involving import restraints, such relief may require separate
approvals from other government agencies.
Sincerely,
John Durant, Director
Commercial Rulings Division