The tariff classification of a glove from China

N108996 July 2, 2010 CLA-2-61:OT:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 6116.93.9400 Ms. Jeannine Greener Eddie Bauer 10401 NE 8th Street Ste 500 Bellevue, Washington 98004 RE: The tariff classification of a glove from China Dear Ms. Greener: In your letter dated June 4, 2010, you requested a tariff classification ruling. The sample submitted will be returned. Style 014-2281”Polartec Wind Pro Glove” is a full-fingered glove constructed of smooth 95% polyester and 5% knit spandex fabric that has been brushed on the underside. The glove features irregular shaped designs made of silicone on the palm side which you state enable the wearer to better grip items. The sewn-on cuff is made up of brushed knit 56% polyester, 35% nylon and 9% spandex fabric. The glove also features the “FIRSTASCENT” trademark located on the backside right bottom, a hook and clasp, fourchettes, and side seams. You assert that the glove is properly classified as 6116.10.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: Other: With fourchettes: Other." The rate of duty will be 7 percent ad valorem. However, the essential character of the glove is imparted by the knitted synthetic fabric shell material. Knitted fabric gloves with fourchettes are provided for under 6116.93.9400, HTS. Therefore, your suggestion for classification under 6116.10.9500, HTS, is not applicable. The applicable subheading for Style 014-2281 will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Gloves, mitten and mitts: Other: of synthetic fibers: Other: Other: With fourchettes. The duty rate will be 18.6 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