HQ 085208: Reconsideration of DD 840614 of May 19, 1989

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 085208

                                        September 11, 1989


          CLA-2 CO:R:C:G  085208 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6116.92.3000

          Ms. Linda G. Baird
          Shelby Group International, Inc.
          P.O. Box 171814
          Memphis, TN 38187-1814

          RE:  Reconsideration of DD 840614 of May 19, 1989

          Dear Ms. Baird:

                This ruling letter is in response to your request of July
          12, 1989, for reconsideration of DD 840614 from Cleveland Ohio,
          of May 19, 1989, concerning tariff classification under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA), for cotton knit work gloves.  A pair of gloves produced
          in Hong Kong were submitted for examination.

          FACTS:

                Style number 9400K are 100 percent cotton knit work gloves
          composed of a terry cloth type looped fabric.  The gloves have
          knit cuffs formed of pre-existing fabric which is stitched to the
          other portion of the glove.  The gloves were classified under
          subheading 6116.92.2010, HTSUSA.  You assert that subheading
          6116.92.3000, HTSUSA, is the proper classification.

          ISSUE:

                Whether the merchandise at issue is classified under
          subheading 6116.92.2010, HTSUSA, or under subheading
          6116.92.3000, HTSUSA.

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),













                                         -2-

          taken in order.  GRI 1 provides that classification is determined
          according to the terms of the headings and any relevant section
          or chapter notes.

                Subheading 6116.92.2010, HTSUSA, provides for gloves,
          mittens and mitts, knitted or crocheted, other, of cotton, made
          from a pre-existing machine knit fabric.  You assert that
          subheading 6116.92.3000, HTSUSA, which provides for gloves,
          mittens and mitts, knitted or crocheted, other, of cotton, other,
          is appropriate because the applied cuffs are disregarded for
          classification purposes.

                The Explanatory Notes constitute the official
          interpretation of the tariff at the international level.  The
          General Explanatory Notes for chapter 61 and chapter 62 contain
          the same paragraph regarding parts and accessories.

                      The classification of goods in this Chapter is
                      not affected by the presence of parts or accessories
                      for example, knitted or crocheted fabrics, furskin
                      feather, leather, plastics or metal.  Where, however,
                      the presence of such materials constitutes more than
                      mere trimming the articles are classified in
                      accordance with the relative Chapter Notes ... or
                      failing that, according to the General Interpretative
                      Rules.

                Explanatory Note 11 to heading 6217, contains a partial
          listing of articles considered to be "parts" and "accessories."
          Among that listing are such items as linings, pockets, collars,
          and cuffs.  See 080817 of August 31, 1987.  Therefore, according
          to the above Explanatory Notes, the presence of cuffs would not
          affect the classification of the gloves.  The fact that the
          stitching of the cuffs onto the gloves creates a seam is also not
          relevant in determining whether the gloves are considered
          seamless for classification at the seventh and eighth digit
          breakout.  The gloves have no other seams and since we are
          disregarding the existence of the cuffs, classification under
          subheading 6116.92.3000, HTSUSA, is justified.

          HOLDING:

                The sample at issue is classified under subheading
          6116.92.3000, HTSUSA, which provides for gloves, mittens and
          mitts, knitted or crocheted, other, of cotton, other, other,
          textile category 331, and dutiable at the rate of 10 percent ad
          valorem.

                The designated textile and apparel category may be
          subdivided into parts.  If so, visa and quota requirements












                                         -3-

          applicable to the subject merchandise may be affected.  Since
          part categories are the result of international bilateral
          agreements which are subject to frequent renegotiations and
          changes, to obtain the most current information available, we
          suggest that you check, close to the time of shipment, the Status
          Report On Current Import Quotas (Restraint Levels), an internal
          issuance of the U.S. Customs Service, which is available for
          inspection at your local Customs office.

                DD 840614 of May 19, 1989, is amended in accordance with
          this ruling.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division