CLA-2 CO:R:C:G 085642 DFC
District Director of Customs
909 First Ave, Rm 2039
Seattle Wa. 98174
RE: Decision on Application for Further Review of Protest No.
3001-9-001001
Dear Sir:
This protest was filed against your Notice of Redelivery
dated August 3, 1989, against entry No. F73-03354699 dated July
27, 1989, covering a shipment of certain gloves produced in Sri
Lanka.
FACTS:
The gloves involved designated as style Nos. 86202C and
86039L were entered under subheading 6216.00.1000, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), as
gloves, mittens and mitts, impregnated, coated or covered with
plastics or rubber, ski or snowmobile gloves, mittens or mitts.
Upon examination of samples obtained from the shipment
your office determined that the gloves were not ski gloves
within the criteria set forth in the case of Stonewall Trading
Company v. United States, 64 Cust. Ct, 482, CD 4023 (1970). As
a result you issued CF 4647 on August 3, 1989, stating that the
gloves were not admissible in the absence of a quota textile
visa in Category 631 and were classifiable under subheading
6216.00.4845, HTSUSA, as gloves, mittens and mitts, other, of
man-made fibers, other.
ISSUE:
Do the gloves meet the criteria for classification as ski
gloves as set out in the Stonewall case, supra?
-2-
LAW AND ANALYSIS:
The gloves before the court in the Stonewall case were
found to possess the following features which were
characteristic of ski gloves, rendering them specially designed
for use in the sport of skiing:
(1) a hook and clasp that hold the gloves together;
(2) an extra piece of vinyl stitched along the thumb
portion to meet the stress caused by the flexing
of the knuckles when the skier grips the ski
pole;
(3) an extra piece of vinyl with padding
reinforcement and inside stitching, which is
securely stitched across the middle of the glove
where the knuckles bend and cause stress; and
(4) cuffs with an elastic gauntlet to hold the glove
firmly around the wrist, so as to be waterproof,
and to keep it securely on the hand.
An examination of the sample gloves persuades us that
they are clearly designed for use in the sport of skiing and
substantially meet the criteria set forth above for being
considered ski gloves for tariff purposes.
Noting that the gloves are not impregnated, coated or
covered with plastic as claimed by the protestant, it is our
position that they are properly classifiable under subheading
6216.00.4400, HTSUSA, as gloves, mittens and mitts, other, of
man-made fibers, ski or snowmobile gloves, mittens and mitts,
and entitled to duty free treatment under the Generalized
System of Preferences, if otherwise qualified.
HOLDING:
Since reclassification of the merchandise as indicated
above will result in the same rate of duty as claimed, you are
instructed to allow the protest in full. A copy of this
decision should be attached to your Form 19 Notice of Action to
be sent to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY Seaport
2cc Chief C.I.E.
1cc Y Tomenga NY Seaport
1cc Legal Reference
1cc Regulatory Trade programs Division
1cc Regional Comm. PAC Region
D. Cahill library/peh
085642DFC