The tariff classification of gloves from China

NY F89366 August 7, 2000 CLA-2-61:RR:NC:TA:354 F89366 CATEGORY: Classification TARIFF NO.: 6116.93.9400 Ms. Barbara Kintop Quality Customs Broker, Inc. 4464 South Whitnall Avenue Milwaukee, Wisconsin 53235 RE: The tariff classification of gloves from China Dear Ms. Kintop: In your letter dated June 29, 2000, you requested a classification ruling on behalf of Smith + Nephew Inc. The provided sample, style A571-203, is a size small left-handed three-quarter fingered glove made from a tightly knit man-made fiber blend with spandex. The glove features fourchettes, outseam construction and a hemmed bottom. The glove is available for either hand in sizes x-small through large as styles A571-200 through A571-207. You submitted copies of the importer’s catalog which indicates the article is an “Edema Glove” which provides gentle compression to help control this condition. Please note that heading 9021 provides for appliances which are worn to compensate for a defect or disability. However, Chapter 90 note 1.(b) excludes: Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (section XI); Based upon this chapter note Customs is precluded from considering heading 9021 for classification. The applicable subheading for all styles will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.1 percent ad valorem. All styles fall 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