CLA-2:CO:R:C:G 085562 SER
Mr. David J. Craven
Riggle, Keating and Craven
205 West Wacker Drive Suite 2022
Chicago, IL 60606
RE: Batting gloves from Hong Kong
Dear Mr. Craven:
This is in reference to your letter of August 9, 1989,
requesting the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of batting
gloves from Hong Kong.
FACTS:
Sample A which is described by the inquirer as a batting
glove, is made from a knit textile-backed, cellular plastic
shell. It consists of a woven 100 percent rayon substrate coated
with PVC. The glove has 100 percent nylon fourchettes and trim
and a 100 percent acetate woven label. The glove has a Velcro-
type tab at the wrist enabling a tight closure. By weight the
glove is: 52.5 percent PVC, 27 percent nylon, 21.5 percent rayon
and less than .5 percent acetate. By outer surface the glove is
well in excess of 50 percent PVC.
Sample B is also described as a batting glove which is
identical in all material respects to Sample A, except that this
glove does not have the Velcro-type tabs. The weight of the
constituent parts of Sample B are similar to that of Sample A.
The inquirer indicates that the gloves are sold, advertised
and marketed as a batting glove. Midwest Sporting Gloves sells
these type gloves to professional ball clubs for use as
promotional items in connection with events referred to as
"batting glove nights".
ISSUE:
What is the proper classification of the "batting" gloves
from Hong Kong, under the HTSUSA?
-2-
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation, (GRI), taken in order. When
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 that "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 PVC (plastic) component. It is the PVC
which gives the glove a leather-like feel and imparts the
toughness and gripping texture needed to make them function as
batting gloves. The PVC also protects the hand from abrasion
caused by friction which occurs during the swinging of a bat.
Absent the PVC component, the gloves would be limp pieces of
cloth incapable of performing any of the functions associated
with batting gloves. Further, the PVC constitutes the vast
majority of the visible surface of the gloves and the gloves are
known in the trade as PVC batting gloves.
Since the essential character has been determined, the
proper heading must be established for proper classification.
Subheading 3926.20.20, HTSUSA, provides for baseball or softball
gloves made of plastic. This subheading is a use provision
controlled by principal use in the United States (see Additional
U.S. Rule 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
as gloves associated with baseball.
HOLDING:
The merchandise at issue is classified in subheading
3926.20.20, HTSUSA, which provides for other articles of plastic:
articles of apparel: gloves: other: specifically designed for use
in sports: baseball and softball gloves and mitts. The rate of
duty is 6 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division