CLA-2-42:OT:RR:NC:N3:354
Mr. Anthony Scarlotta
Damascus Worldwide, Inc.
63 Wales Street
Rutland, VT 05701
RE: The tariff classification of gloves from Pakistan
Dear Mr. Scarlotta:
In your letter dated June 14, 2011, you requested a tariff classification ruling. The samples submitted will be returned.
Style DNXF190 is a pair of full-fingered men’s gloves with a palm side and palm side gauntlet cuff made up of mostly cowhide leather with a small portion made up of aramid (nomex) knit fabric. The balance of the backside, cuff, and fourchettes are made of aramid (nomex) knit fabric. The gloves feature a partially elasticized wrist, a side seam, and a hemmed bottom. You state that the gloves are used by military personnel as flight gloves.
Style D22 is a pair of full-fingered men’s gloves constructed of unlined cowhide leather. The gloves features fourchettes, a partially elasticized wrist, open knuckles, capping along the keyhole shaped backside wrist area that is secured by an embossed Damascus “D” logo hook and loop fastener, and a hemmed bottom. The backs of the fingers and thumbs are perforated with holes. You state that the gloves are marketed as driving gloves.
Style DSS170 is a pair of full-fingered men’s gloves constructed of unlined cowhide leather. The gloves feature fourchettes, side seams, an elasticized inner band sewn onto the lower portion of the backside, a side vent which is secured by a leather hook and loop fastener, and a sewn-on elasticized bottom band measuring approximately 1½ inches. You state that the gloves are designed with law enforcement, military and corrections personnel in mind and marketed as shooting gloves.
Style MX10 is a pair of full-fingered men’s gloves with a complete palm side constructed of synthetic leather fabric. The glove back side is made of nylon and spandex knitted fabric. The palm side of the gloves features coated fabric reinforcements with inner foam padding and coated fabric reinforcements on the upper portion of the middle, ring and little fingers. The gloves also feature finely knitted fabric fourchettes, side seams, a vented backside wrist area which is secured by an embossed Damascus “D” logo hook and loop fastener, and capping along the bottom. You state that the gloves are marketed to law enforcement, military and corrections personnel for year round use. The essential character of the glove is imparted by the synthetic leather palm.
Style MX30 is a pair of full-fingered men’s gloves with a complete palm side constructed of unlined cowhide leather. The back side of the gloves and palm side cuff are made of nylon and spandex knit fabric. The back side cuff is made of ventilated airmesh™ fabric. The gloves feature finely knitted fabric fourchettes, perforated holes on the palm side fingers, padded reinforcements placed on the back side fingers and hand, side seams, and a side vent which is secured by an embossed Damascus “D” logo hook and loop fastener, and capping along the bottom. You state that the gloves are marketed to law enforcement, military and corrections personnel and used as search and duty gloves.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “Consumer Protection” and then on “Business Information” and then on “Clothing and Textiles”).
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Section134.46, Customs Regulations (19 CFR 134.46), provides that: In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.
The applicable subheading for Styles DNXF190 and MX30 will be 4203.29.1800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Gloves of horsehide or cowhide (except calfskin) leather: Other. The rate of duty will be 14 percent ad valorem.
The applicable subheading for Styles D22 and DSS170 will be 4203.29.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Gloves of horsehide or cowhide (except calfskin) leather: Wholly of leather: With fourchettes or sidewalls . . . The rate of duty will be 12.6 percent ad valorem.
The applicable subheading for Style MX10 will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Gloves, mittens and mitts: Other: Of man-made fibers: Other: With fourchettes…Other. The rate of duty will be 20.7 cents per kilogram plus 10.4% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Robert Ivers at (646) 733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division