CLA-2 CO:R:C:T 089771 SK
TARIFF NO: 6116.92.0800
Mr. Walter J. Bennett
18445 Benington Drive
Brookfield, WI 53005
RE: Modification of NYRL 862687 (5/6/91); classification of
"Wet Grip" golf glove 6116.92.0800, HTSUSA
Dear Mr. Bennett:
On May 6, 1991, our New York office issued you New York
Ruling Letter (NYRL) 862687, classifying a glove referred to as
"Wet Grips". Upon further review, that classification is deemed
to be in error and is accordingly modified.
FACTS:
The submitted sample, "Wet Grips", is an unlined, full-
fingered glove, cut and sewn from cotton knit fabric. The glove
features a two inch middle vent on the top portion of the glove
and vinyl capping around the wrist which extends to a velcro-like
closure enabling the glove to be pulled taut on the hand.
NYRL 862687 classified the article under subheading
6116.92.6040, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
ISSUE:
Whether the subject merchandise is classifiable under
subheading 6116.92.6040, HTSUSA, as gloves, mittens or mitts,
knitted or crocheted, or under subheading 6116.92.0800, HTSUSA,
which provides for gloves ... knitted or crocheted: other: of
cotton: ... all the foregoing specially designed for use in
sports?
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LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by 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.
Subheading 6116.92.0800, HTSUSA, provides for gloves,
mittens and mitts, knitted or crocheted: of cotton: ... all the
foregoing specially designed for use in sports ... . The
article at issue is comprised of a thin, unlined, cotton knit
fabric which is cut into a five finger glove. The glove's wrist
is capped with textile-backed vinyl which extends into a velcro-
like strip enabling the glove to be pulled taut around the hand
so as to prevent the fabric from bunching up in the palm. This
function prevents excess material from interfering with a
golfer's swing. The glove itself is intended to be used by
golfers in wet weather conditions as cotton fabric affords better
grip on a golf club than does leather or other standard type golf
gloves.
The design of this glove indicates that its function for
other purposes is limited. The glove is too thin for winter
wear. Similarly, it is too thin for protective wear; it is not
appropriate for use as a gardening glove, nor is it coated or
lined with other materials so as to expand the glove's
foreseeable functions. It is also clear that the glove is not
intended for formal wear.
By virtue of the vinyl strip and velcro-like closure, it is
apparent that this glove was designed specifically to pull the
glove taut against the hand. This tautness is designed to
provide a better grip for golfers. As a cotton glove specially
designed for use in sports, the subject merchandise is properly
classifiable under subheading 6116.92.0800, HTSUSA.
Customs will consider extraneous evidence of an article's
function. Such evidence is not deemed conclusive, but may be
considered in our determination. The technical director at the
United States Golf Association (USGA) has responded with an
official ruling to your inquiry regarding the glove's legality in
the game of golf. It was stated that the subject merchandise
had been inspected by the USGA and it would not violate the Rules
of Golf. For our purposes, this establishes that the USGA
acknowledges this type of glove for use in the game of golf.
The glove's appearance, its limited function and the
acknowledgement by the USGA indicates that the article at issue
is a sport glove designed specifically for golf.
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HOLDING:
The submitted article is classifiable under subheading
6116.92.0800, HTSUSA, which provides for gloves, ... knitted or
crocheted: other: of cotton: ... all the foregoing specially
designed for use in sports ... . The rate of duty is 5.5 percent
ad valorem.
In order to ensure uniformity in Customs classification of
this merchandise and eliminate uncertainty, pursuant to section
177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), NYRL
862687 is modified to reflect the above classification effective
with the date of this letter. 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.
Any submission you wish to make should be received within 30 days
of the date of this letter.
This modification is not retroactive. However, NYRL 862687
will not be valid for importations of the subject merchandise
arriving in the United States after the date of this notice. We
recognize that pending transactions may be adversely affected
(i.e., merchandise previously ordered and arriving in the United
States subsequent to this modification will be classified
accordingly). If it can be shown that you relied on NYRL 862687
to your detriment, you may apply to this office for relief.
However, you should be aware that in some instances involving
import restraints, such relief may require separate approvals
from other government agencies.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division