CLA-2-42:OT:RR:NC:N3:354
Mr. Damon Piatek
Welke Customs Brokers USA Inc.
275 Cooper Ave.
Suite 103
Tonawanda, NY 14150
RE: The tariff classification of gloves from China.
Dear Mr. Piatek:
In your letter dated June 3, 2011, you requested a tariff classification ruling on your client, Manzella Knitting & Company, LLC. The sample submitted will be returned.
Style FG-S is a full-fingered unisex glove with a palm side and palm side gauntlet cuff made up of mostly sheepskin leather with a small portion made up of Nomex® (a synthetic meta-aramid fiber) knit fabric. The balance of the backside, cuff, and fourchettes are made of Nomex® knit fabric. The glove features a partially elasticized wrist, a side seam, and a hemmed bottom. You state that the glove is used primarily by pilots as a flight glove.
You assert that Style FG-S is similar to Style 835 in NY D87417 and is properly classified under 4203.21.8060, 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: specially designed for sports: Other…Other. However, marketing and advertising information provided by you states that the glove is used primarily by military and law enforcement agencies as a flight glove; and not as a glove specially designed for use in sports. Therefore, your assertion for classification of the glove as 4203.21.8060 HTSUS, is not applicable.
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 Style FG-S will be 4203.29.4000, 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: Other: For other persons: Not lined. The rate of duty will be 12.6 percent 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