CLA-2 CO:R:C:T 952420 CC
Hebert T. Posner, Esq.
Weltz & Posner
Empire State Building
350 Fifth Avenue, Suite 7610
New York, NY 10118
RE: Reconsideration of NYRL 871650; classification of gloves
Dear Mr. Posner:
This letter is in response to your request, on behalf of
Gates-Mills, Inc., for reconsideration of New York Ruling Letter
(NYRL) 871650, which concerned the classification of gloves. A
sample was submitted for examination.
FACTS:
The merchandise at issue, style 2936, is a woven nylon full-
fingered glove. The outer shell has a green, brown, and black
camouflage design, and approximately 1 millimeter of plastic foam
is bonded to its inner surface. The palm side of the glove has a
textile-backed vinyl overlay which extends across the palm to the
thumb, index and middle finger. The permanent lining is composed
of 2 millimeters foam and fiberfill with a knit nylon substrate.
The glove has fourchettes, an elasticized wrist, applied knit
cuffs, and a hook and clasp.
In NYRL 871650, dated March 20, 1992, we ruled that the
subject merchandise is classified under subheading 6216.00.3225
of the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for gloves, mittens and mitts,
impregnated, coated or covered with plastics or rubber, other,
with fourchettes, containing 50 percent or more by weight of
cotton, man-made fibers or any combination thereof, subject to
man-made fiber restraints. You contend that the this merchandise
should be classified under a subheading that provides for gloves,
mittens and mitts, all the foregoing specially designed for use
in sports, including ski and snowmobile gloves, mittens and
mitts.
ISSUE:
Whether the merchandise at issue is classifiable as a glove
specially designed for use in sports?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
You contend that the merchandise at issue is a cold weather
hunting glove and has several design features that show it is
specially designed for use in hunting. First, you state that the
glove has a tapered index finger for easier finger tip access to
the trigger. Second, the glove features "action back," which
allows greater hand flexibility and grip. Action back is created
by two deep 1/2-inch pleats that open up to 1/2-inch and are
spaced 2 inches apart. Third, the palm utilizes Gates'
"Toughtek," a textured surface which imparts a non-slip grip and
allows the glove to remain soft and pliable in all types of
weather. Fourth, you state that the glove contains insulation
which allows for warmth without inclusion of unwanted bulk.
Fifth, the outer shell is available in a variety of camouflage
designs.
Also, you have submitted advertisements which you state show
that the merchandise at issue is sold as hunting gloves.
Finally, you have submitted letters from Gates-Mills' customers
which you state confirm that the merchandise is bought and sold
as hunting gloves.
Customs Headquarters has issue several decisions relating to
whether a glove is classifiable as a sports glove because it is
specially designed for use in hunting. In Headquarters Ruling
Letter (HRL) 083559, dated July 24, 1990, we stated the
following:
In spite of the claims in the affidavit, the
sample gloves do not show a design for use in hunting.
Although it is claimed that the gloves are marketed,
advertised and sold as hunting gloves, the only
relevant design feature is additional insulation for
protection against the cold. The other feature is that
style HU002 has a trigger finger that is "tapered and
slimmed down for a better feel on the trigger." It is
our observation that having a more mobile index finger
would be useful for many things other than the sport of
hunting. It is also our observation that even with the
tapering of the index finger the "feel" is not much
improved due to the bulk of the gloves.
In HRL 088981, dated July 18, 1991, we ruled that the soft
leather index or trigger finger of a glove was the component that
showed that the glove was designed for use in hunting or
shooting. In HRL 089769, dated October 8, 1991, we ruled that
despite features for grip and camouflage, the glove had too much
bulk and padding that would inhibit trigger sensitivity and
movement; thus, the glove was not considered specially designed
for hunting.
Despite the advertising and other supporting statements,
the gloves at issue do not have the requisite design features for
classification as hunting gloves. The glove is too bulky,
containing padding and multiple layers, to be specially designed
for hunting. Although the index finger is tapered, trigger
sensitivity and movement are restricted by the bulk of the glove.
Therefore, consistent with prior Customs rulings on similar
merchandise, we find that the gloves at issue are not specially
designed for hunting.
HOLDING:
The merchandise at issue is classified under subheading
6216.00.3225, HTSUSA, which provides for gloves, mittens and
mitts, impregnated, coated or covered with plastics or rubber,
other, with fourchettes, containing 50 percent or more by weight
of cotton, man-made fibers or any combination thereof, subject to
man-made fiber restraints. The rate of duty is 14 percent ad
valorem, and the textile category is 631.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
NYRL 871650, dated March 20, 1992, is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division