HQ 083618: Bicycle gloves leather and knit textile material

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 083618

                                   October 20, 1989


            CLA-2 CO:R:C:G 083618 JLJ 833456

            CATEGORY: Classification

            TARIFF NO.: 4203.21.8060

            Mr. Howard Rubin
            Kombi Ltd.
            102 Great Hill Road
            Naugatuck, Connecticut  06770

            RE:  Bicycle gloves leather and knit textile material

            Dear Mr. Rubin:

                 You requested a tariff classification under the Harmonized
            Tariff Schedule of the United States Annotated (HTSUSA) of a
            bicycle glove made in Sri Lanka.  You submitted a sample along
            with your request.

            FACTS:

                 The sample submitted, which is labelled #3, is a half
            fingered bicycle glove made of a padded leather palm and a knit
            textile back.   The half fingers have textile material on the
            top half and leather on the bottom half of each finger, except
            for the thumb, which has a terry cloth type material on the top
            half.  The gloves are specially designed for use in the sport
            of bicycle riding.

            ISSUE:

                 What is the tariff classification of the bicycle gloves?

            LAW AND ANALYSIS:

                 The instant gloves are made of two materials, leather
            and textile fabric, so they are a composite good.  The
            classification of composite goods is governed by General Rule
            of Interpretation (GRI) 3, HTSUSA.



















                                          -2-


                 GRI 3(a) states that when two or more headings each refer
            to part only of the materials contained in composite goods
            those headings are to be regarded as equally specific in
            relation to those goods.

                 Heading 4203, HTSUSA, provides for articles of apparel and
            clothing accessories, of leather or composition leather.
            Chapter Note 3 of Chapter 42 states that, "For the purposes of
            heading 4203, the expression 'articles of apparel and clothing
            accessories' applies, inter alia, to gloves (including sports
            gloves)...."  This note means that Heading 4203 covers gloves
            of leather.

                 Heading 6116, HTSUSA, provides for knitted or crocheted
            textile material gloves, mittens and mitts.  Since both Heading
            4203 and Heading 6116 refer to only part of the materials
            contained in the glove, they are equally specific.
            Classification cannot be determined based on GRI 3(a), HTSUSA.

                 GRI 3(b) provides that composite goods consisting of
            different materials, which cannot be classified according to
            GRI 3(a), shall be classified according to their essential
            character.  The Explanatory Notes for GRI 3(b) state that
            essential character may be determined by the nature of the
            component, its bulk, quantity, weight or value, or by the role
            of a constituent material in relation to the use of the goods.

                 In the instant glove, the leather palm is used to grasp
            the bicycle handlebar.  Because of this functional aspect, we
            find that the leather constitutes the essential character of
            the glove.  The glove is classifiable in Heading 4203.

            HOLDING:

                 The instant glove is classified under the provision for
            leather articles of apparel and clothing accessories: gloves,
            mittens and mitts: specially designed for use in sports: other:
            other, in subheading 4203.21.8060, HTSUSA, dutiable at the rate
            of 4.9 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














            6 cc: Area Dir., N.Y. Seaport (NIS-223 and NIS-354)
            T. Jones library/peh
            083618JLJ