CLA-2-62:RR:NC:TA:354 L87997
Ms. Lauri Skrzycki
Performance Fabrics Inc.
560 Fifth Street NW, Suite 402
Grand Rapids, MI 49504
RE: The tariff classification of gloves and a protective sleeve from Pakistan and/or China.
Dear Ms. Skrzycki:
This ruling replaces New York Ruling L86737 dated September 14, 2005 due to a mistake of fact. In correspondence dated September 28, 2005, you requested a review of New York Ruling L86737 concerning style “LD036 - Steel Leather II Gloves” which was classified as a glove having fourchettes. Upon review, we agree that the positioning of the protective palmside material only gives the appearance of fourchettes when in fact the glove is of a gunn-cut design without fourchettes. A corrected ruling letter follows for description and classification of style “LD036 - Steel Leather II Gloves”.
Style “1550 – Inoculator Glove” is a lined glove with two layers of a resin dot coated woven nylon fabric comprising the complete palmside and backside of the thumb, forefinger, and middle finger areas from the fingertips to the wrist, as well as the fourchette between the forefinger and middle finger. The resin dot coating exceeds 50% of the weight of the woven nylon fabric. A sueded fabric covers the remaining two palmside fingers extending down to the wrist and also portions of the two remaining fourchettes. The two remaining backside fingers extending down to the wrist are made of a knitted fabric, a portion of which is foam coated on the underside. The glove also features a cuff that is made of neoprene sandwiched between two finely knitted fabrics that are secured by hoop and loop fasteners and a pull-tab on the palmside cuff. You have indicated the glove is marketed and used specifically in animal handling, and in pharmaceutical and laboratory research. The item will be sold as a single glove (left or right), not in pairs. The essential character of the glove is imparted by the resin dot coated woven fabric of the outershell. The glove is made in Pakistan.
Style “4017 – HiDex CPR FXB” is pair of gloves constructed of a resin dot coated woven nylon fabric with a silicone dot coating on the outer surface comprising the complete palmside from the fingertips to the wrist and the outer edge of the forefinger. You have indicated that the coating exceeds 50% of the weight of the woven man-made palmside fabric. The upper backside of the glove is made of a knitted fabric with an underside foam coating and the lower backside is made of two different knitted fabrics. Backside coated fabric overlays are found across the knuckles, the edge of the lower thumb, and on three of the lower fingers. The glove also features sueded fabric fourchettes, a cuff which is made of neoprene sandwiched between two finely knitted fabrics that is secured by hoop and loop fasteners, and a pull tab on the palmside cuff. The essential character of the glove is imparted by the palmside coated woven fabric. The glove will be made in Pakistan and/or China.
Style “LD036 - Steel Leather II Gloves” is a pair of gunn-cut leather gloves with a complete palmside overlay covering the fingertips to the wrist and extending to the backside edges of both the forefinger and thumb that is constructed of woven nylon fabric with a resin coating in a uniform octagon-like pattern on the outer surface. You have indicated that the coating exceeds 50% of the weight of the woven man-made palmside fabric. Additional features include a partially elasticized wrist, a coated fabric overlay at the backside edge of the thumb crouch, and a vented fabric trimmed cuff. The essential character of the glove is imparted by the coated woven fabric of the palmside overlay. The glove is made in Pakistan.
Style “3041 – Hercules NSR Gloves” is a pair of lined gloves constructed of 2 layers of a resin dot coated woven nylon fabric. You have indicated that the coating exceeds 50% of the weight of the woven man-made fabric. The glove features fourchettes, a partially elasticized wrist, and sueded fabric trim at the bottom open cuff. The glove is made in Pakistan.
Style “AS019S “ is a protective sleeve constructed of a woven nylon fabric with a resin coating in a uniform octagon-like pattern on the outer surface. The item measures 19-inches in length and is bent to accommodate the elbow area. The opening close to the hand is secured by hook and loop fasteners and a plastic clasp with an elastic band and a metal alligator clip are found at the upper arm opening. The sleeve is made in China. The sleeve falls within textile category 659.
The applicable subheading for Styles “1550 – Inoculator Glove”, “4017 – HiDex CPR FXB”, and “3041 – Hercules NSR Gloves” will be 6216.00.3100, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens, and mitts: Impregnated, coated or covered with plastics or rubber: Other: With fourchettes: Other. The rate of duty will be 7 percent ad valorem.
The applicable subheading for Style “LD036 - Steel Leather II Gloves” will be 6216.00.1900, HTS, which provides for Gloves, mittens, and mitts: Impregnated, coated or covered with plastics or rubber: Other: Without fourchettes: Other: Containing over 50 percent by weight of plastics or rubber. The rate of duty will be 11.1 cents per kilogram plus 5.5 percent ad valorem.
The applicable subheading for Style “AS019S “ will be 6217.10.9530, HTS, which provides for Other made up clothing accessories; parts of garments or of clothing accessories; other than those of heading 6212: accessories: other: other, of man-made fibers. The duty rate will be 14.6 percent ad valorem.
Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Marinucci at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division