HQ 083694: Classification of a shooter's glove

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083694

                                    May 16, 1989


          CLA-2:CO:R:C:G  083694, JLJ 835894

          CATEGORY:    Classification

          TARIFF NO.:  4203.21.80

          Mary E. Gill, Esquire
          Sonnenberg, Anderson, O'Donnell and Rodriguez
          200 West Adams Street,
          Suite 2625,
          Chicago, Illinois 60606

          RE:  Classification of a shooter's glove

          Dear Ms. Gill:

                You requested a tariff classification ruling for a product
          called the Zwicker glove, style No. 5038-9, to be imported from
          Haiti.

          FACTS:

                The merchandise at issue is a shooter's glove worn by
          individuals shooting guns to lessen the recoil shock.  The
          shooter's glove is sold separately rather than in a pair; it is
          intended to be worn on the trigger hand alone.

                The instant shooter's glove covers the hand, three-fourths
          of the thumb, three-fourths of the middle finger which holds the
          trigger-guard, and about one-eighth of the other three fingers.

                The glove is made of a mixture of a cotton yarn and a
          nylon/spandex/polyester yarn covered by deerskin leather on the
          thumb, middle finger, palm and one-quarter of the back of the
          glove.  There is a "Eura Lite" padding material (100 percent
          polymer) on the palm and thumb of the glove, sandwiched between
          the inner textile and the outer leather layers of the glove.  The
          glove is made of a pre-existing machine knit material and has no
          seams.  The textile component which is in chief weight is man-
          made fibers.  It is intended for use by people shooting a gun for
          sport.

                The leather component of the shooter's glove covers the
          entire palm of the glove, the thumb and the middle finger, what
          exists of the other fingers and a portion of the back of the
          glove.












                                         -2-


          ISSUE:

                What is the classification of the instant shooter's glove
          under the Harmonized Tariff Schedule of the United States
          (HTSUSA)?

          LAW AND ANALYSIS:

                Classification of the instant merchandise is governed by
          the General Rules of Interpretation (GRI), taken in order.  The
          glove at issue is made up of 100 percent polymer padding,
          deerskin leather, cotton yarn, nylon/spandex/polyester yarn,
          labels and tags, and a velcro wrist strap.

                The competing provisions are subheading 4203.21.80, HTSUSA,
          which covers articles of apparel and clothing accessories, of
          leather:  gloves specially designed for use in sports:  other,
          and subheading 6116.93.2010, HTSUSA, which covers gloves, knitted
          or crocheted, other, other.  Subheading 4203.21.80, HTSUSA,
          applies because the gloves are partially of leather.  Subheading
          6116.93.2010, HTSUSA, applies because the textile component which
          is in chief weight is man-made fibers.  Under GRI 3(b), HTSUSA,
          the material that imparts the essential character of the glove
          must be determined.

                The leather portion provides the grip which is essential to
          hold the gun steady and which -- in conjunction with the padding
          -- serves to lessen the recoil shock.  The leather portion is the
          portion which makes the glove a shooter's glove because the role
          of the leather portion is considerably more important than that
          of the textile portion.  It is clear that the leather imparts the
          essential character to the shooter's glove; therefore, under GRI
          3(b), HTSUSA, the glove must be classified as if it consisted
          solely of leather.

                Subheading 4203.21.80, HTSUSA, provides for articles of
          leather, gloves, specially designed for use in sports, other,
          dutiable at the general rate of 4.9 percent ad valorem.  GRI
          3(b), HTSUSA, requires that we classify the instant shooter's
          glove in this subheading.  We note that products of Haiti which
          are classified in this subheading and which fulfill all the
          requirements are eligible for duty-free entry under the
          Generalized System of Preferences.


















                                         -3-


          HOLDING:

                The shooter's glove is classified in subheading 4203.21.80,
          HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division

















































          jackson library 083694
          6cc: A.D., N.Y. Seaport (NIS-354)j
          1cc: D.D., Milwaukee, Wisconsin