CLA-2 RR:TC:TE 958892 jb
Director, National Commodity Specialist Division
Attention: Wearing Apparel Branch
U.S. Customs
6 World Trade Center, Suite 716
New York, NY 10048-0945
RE: Double Difference with Buffalo; Classification of gloves
Dear Sir:
This letter is in response to your memorandum dated February
1, 1996, concerning a classification difference with the port of
Buffalo.
The merchandise at issue is a pair of gloves, referenced
style 09-3500, imported by Fargo Trading. The gloves are close
fitting, unlined, and feature a palm side constructed of
polyurethane coated fabric, nylon/spandex knit fourchettes,
elasticized shirring on the leather back and wrist, and air
vents. The palm material, which is identified as AQUATACK,
provides a breathable and durable gripping surface.
In the past, Customs generally looked to a particular design
feature, that is, reinforcement between the third and little
fingers , in an equestrian riding glove. This reinforcement was
necessary in the past to protect wear points and seams because of
weaker thread and poorer leather quality. With the advent of
stronger thread (nylon) and more durable coated fabrics, that
feature is now considered more of a historical note and not as
important to the glove. Additionally, the absence of that
reinforcement makes the glove more comfortable for the wearer.
The Buffalo field import specialist believes the gloves,
which are asserted by the importer as being sports gloves, may be
used for other purposes. This view is based on a determination
in Headquarters Ruling Letter (HQ) 957848, dated August 10, 1995,
in which half-fingered knit gloves with a fold back mitten-like
pouch were not considered sport gloves even though they were
marketed with hunting and related sport equipment.
Your office has taken the position that factors such as the
close fit of the gloves, the use of grip enhancing material and
the elasticized back in conjunction with the advertising
information, are clear indication that style 09-3500 is
representative of gloves which belong to a class or kind of
merchandise that are designed, marketed and sold for use in
equestrian sports. We agree with your position.
The gloves which were the subject of HQ 957848 did not
exhibit any special characteristics indicating primary use for
the outdoor sports indicated by the importer, namely, hunting,
fishing, canoeing, archery and the like. Additionally, both the
catalogue and the advertising material submitted by the importer
were ambiguous at best. This is not the case with the subject
gloves.
In Porter v. United States, 409 F. Supp. 757; 76 Cust. Ct.
97; Cust. Dec. 4641 (1976), the U.S. Customs Court held that
certain motocross gloves, which contained special features such
as a shortened palm, a reinforced thumb, an elastic band,
protective strips or ribbing and an out-seam construction,
evidenced that they were specifically designed for use in the
sport of motocross. The same is true for the subject gloves.
Features such as the close fit of the gloves, the nylon/spandex
fourchettes, elasticized shirring on the leather back and wrist,
and air vents, indicate gloves which will fit snugly and
comfortably against the wearer's hand while providing the wearer
with a steady grip when grasping reins. A review of the
advertising material used to market this merchandise additionally
supports the finding that these are equestrian gloves. The
catalogue marketing this merchandise refers to gloves as "All
purpose" and states that the gloves are "Perfect for training,
working, driving or riding." The gloves come in men's, ladies
and children's sizes. Fargo Trading, the importer in this
instance, serves only one market- that is, the equestrian sport
market, which includes riding, polo, driving (harness and
carriage), jockeys and rodeo. Thus, the reference to the all
purpose glove, that is, perfect for training, working, driving or
riding, simply enumerates the variety of equestrian activities to
which these gloves can be put to use.
Accordingly, we are in agreement with your view that the
subject gloves, referenced style 09-3500, are classified as
gloves used in equestrian sports.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division