Decision on Application for Further Review of Protest No. 3001-9-001001

HQ 085642 October 17, 1989 CLA-2 CO:R:C:G 085642 DFC CATEGORY: Classification TARIFF NO.: 6216.00.4400 District Director of Customs 909 First Ave, Rm 2039 Seattle Wa. 98174 RE: Decision on Application for Further Review of Protest No. 3001-9-001001 Dear Sir: This protest was filed against your Notice of Redelivery dated August 3, 1989, against entry No. F73-03354699 dated July 27, 1989, covering a shipment of certain gloves produced in Sri Lanka. FACTS: The gloves involved designated as style Nos. 86202C and 86039L were entered under subheading 6216.00.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as gloves, mittens and mitts, impregnated, coated or covered with plastics or rubber, ski or snowmobile gloves, mittens or mitts. Upon examination of samples obtained from the shipment your office determined that the gloves were not ski gloves within the criteria set forth in the case of Stonewall Trading Company v. United States, 64 Cust. Ct, 482, CD 4023 (1970). As a result you issued CF 4647 on August 3, 1989, stating that the gloves were not admissible in the absence of a quota textile visa in Category 631 and were classifiable under subheading 6216.00.4845, HTSUSA, as gloves, mittens and mitts, other, of man-made fibers, other. ISSUE: Do the gloves meet the criteria for classification as ski gloves as set out in the Stonewall case, supra? -2- LAW AND ANALYSIS: The gloves before the court in the Stonewall case were found to possess the following features which were characteristic of ski gloves, rendering them specially designed for use in the sport of skiing: (1) a hook and clasp that hold the gloves together; (2) an extra piece of vinyl stitched along the thumb portion to meet the stress caused by the flexing of the knuckles when the skier grips the ski pole; (3) an extra piece of vinyl with padding reinforcement and inside stitching, which is securely stitched across the middle of the glove where the knuckles bend and cause stress; and (4) cuffs with an elastic gauntlet to hold the glove firmly around the wrist, so as to be waterproof, and to keep it securely on the hand. An examination of the sample gloves persuades us that they are clearly designed for use in the sport of skiing and substantially meet the criteria set forth above for being considered ski gloves for tariff purposes. Noting that the gloves are not impregnated, coated or covered with plastic as claimed by the protestant, it is our position that they are properly classifiable under subheading 6216.00.4400, HTSUSA, as gloves, mittens and mitts, other, of man-made fibers, ski or snowmobile gloves, mittens and mitts, and entitled to duty free treatment under the Generalized System of Preferences, if otherwise qualified. HOLDING: Since reclassification of the merchandise as indicated above will result in the same rate of duty as claimed, you are instructed to allow the protest in full. A copy of this decision should be attached to your Form 19 Notice of Action to be sent to the protestant. Sincerely, John Durant, Director Commercial Rulings Division 6cc AD NY Seaport 2cc Chief C.I.E. 1cc Y Tomenga NY Seaport 1cc Legal Reference 1cc Regulatory Trade programs Division 1cc Regional Comm. PAC Region D. Cahill library/peh 085642DFC