CLA-2-61:RR:NC:TA:354 G87914
Ms. Amanda B. Key
Beijing Trade Exchange, Inc.
89 Hudson Street, 2nd Floor
Hoboken, New Jersey 07030
RE: The tariff classification of gloves from China.
Dear Ms. Key:
In your letter dated February 27,2001, you requested a classification ruling. The provided samples will be returned as per your request.
Two samples were submitted for review. The Style “KQ-I Liner” is a 100% cotton string-knit glove. The glove features a ribbed knit cuff with an overlock stitch finish.
The Style “KQ-I Glove” is a string-knit glove made of 40% stainless steel 30% polyethylene 30% nylon thread. The plied yarn used consists of two twisted stainless steel threads with polyethylene, and nylon threads. The cut-resistant glove features a ribbed knit cuff with an overlock stitch finish.
Heading 5605, HTSUSA, provides for inter alia, yarn consisting of metal plus any textile material, including strips, obtained by twisting, cabling or gimping, whatever the proportion of metal present. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 5605, state in pertinent part:
This heading covers:
(1) Yarn consisting of any textile material (including monofilament, strip and the like and paper yarn) combined with metal thread or strip, whether obtained by a process of twisting, cabling or by gimping, whatever the proportion of metal present. * * *
For the style “KQ-I Glove”, the construction of the yarn is described in EN(1). Accordingly, the yarn used in making the item is a metalized yarn of heading 5605, HTSUSA. For tariff purposes metalized yarn is considered to be “other” textile material, i.e. not man-made fiber. However, in determining the classification of these garments at the statistical level (10 digits), we must look at all the components as directed by Statistical Note (2) to Section XI, HTSUSA, which states in pertinent part:
* * *
(c) The term "subject to man-made fiber restraints" means articles not provided for in (a) or (b) above and the man-made fiber component, or the man-made fibers and any cotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.
The applicable subheading for style “KQ-I Liner” will be 6116.92.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: other: without fourchettes. The duty rate will be 9.6 percent ad valorem.
The applicable subheading for style “KQ-I Glove” will be 6116.99.9530, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of other textile materials: other: subject to man-made fiber restraints. The duty rate will be 3.9 percent ad valorem.
The style “KQ-I Liner” falls within textile category designation 331 and the style “KQ-I Glove” falls within textile category designation 631. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 Brian Burtnik at 212-637-7083.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division