HQ 952023: Classification of gloves; not classifiable as ski gloves

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 952023

                       September 10, 1992




CLA-2  CO:R:C:T   952023  CC

CATEGORY:  Classification

TARIFF NO.:  6216.00.3225 

Susan Kearney 
Customs Coordinator
Wal-Mart Stores, Inc.
702 SW 8th St.
Bentonville, Arkansas 72716

RE:  Classification of gloves; not classifiable as ski gloves

Dear Ms. Kearney:

     This letter is in response to your inquiry of May 11, 1992,
requesting the tariff classification of gloves from China.  A
sample was submitted for examination.

FACTS:

     The submitted sample, designated by you as style 1912, is a
glove with a woven textile shell made of 65 percent polyester and
35 percent cotton fabric, with 1 millimeter of foam rubber
coating on the inner surface.  The glove has an overlaid leather
palm and thumb reinforcement.  There is an additional layer of
foam padding and internal textile-backed vinyl reinforcement
across the back of the knuckles.  In addition, the glove features
a partially elasticized wrist, an applied knit cuff, knit
fourchettes and sidewalls, and a hook and clasp.  The lining is
constructed from "Thinsulate" and a brushed knit fabric.  

ISSUE:

     Whether the gloves at issue are classifiable in Heading 6116
of the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) or in Heading 6216, HTSUSA?

     Whether the gloves at issue are classifiable as ski gloves?


LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.  

     The gloves are made of two major components, the knit
material and the woven fabric.  Knit gloves are provided for in
Heading 6116, whereas gloves of woven fabric coated with rubber
are classifiable in Heading 6216.  Consequently, this merchandise
is classifiable in two different headings and GRI 3 is
applicable.  GRI 3(b) provides that mixtures, composite goods
consisting of different materials or made up of different
components, and goods put up in sets for retail sale shall be
classified as if they consisted of the material or component
which gives them their essential character.  According to the
Harmonized Commodity Description and Coding System, Explanatory
Notes, the official interpretation of the HTSUSA at the
international level, at page 4, "the factor which determines
essential character will vary as between different kinds of
goods.  It may, for example, be determined by the nature of the
material or component, its bulk, quantity, weight or value, or by
the role of a constituent material in relation to the use of the
goods."  The woven portion forms, by far, most of the outer
surface of the gloves and gives this merchandise its
distinctiveness.  Accordingly, the gloves are classifiable in
Heading 6216 as articles of apparel and clothing accessories, not
knitted or crocheted, gloves, mittens and mitts, impregnated,
coated or covered with plastics or rubber. 

     Subheading 6216.00.08 provides for other gloves, mittens and
mitts, all the foregoing specially designed for use in sports,
including ski and snowmobile gloves, mittens and mitts.  In 
Stonewall Trading Company v. United States, 64 Cust. Ct. 482,
C.D. 4023 (1970), the court indicated that the following
requirements were necessary features of a glove for
classification under the ski equipment provisions of the tariff
schedules:  

1.  a hook and clasp to hold the gloves together;

2.  an extra piece of vinyl stitched along the thumb
portion to meet the stress caused by the flexing of the
knuckles when the skier grasps the ski pole;

3.  an extra piece of ... vinyl with padding
reinforcement and inside stitching, which is securely
stitched across the middle of the glove where the
knuckles bend and cause stress; and

4.  cuffs with an elastic gauntlet to hold the gloves
firm around the wrist, so as to be waterproof, and to
keep it securely on the hand.  

     We believe that the presence of the four Stonewall criteria
in a glove is not the sole and final criteria necessary for
determining whether a specific glove is a ski glove.  We have
recognized only that the factors cited in Stonewall demonstrate
prima facie that the subject merchandise is specially designed
for skiing; failure of a glove to meet all of the Stonewall
criteria will not prevent its classification as a ski glove, nor
will satisfaction of the criteria automatically dictate
classification as a ski glove. 

     Although the gloves at issue may technically meet the 
Stonewall criteria, other factors are present which indicate that
they are not designed for the sport of skiing.  First, the
fourchettes, sidewalls, and cuffs are made from acrylic knit
fabric, which would absorb water.  Thus, these gloves are not
effective in protecting the wearer's hands from water and
moisture.  Second, the knit cuffs and elasticized wrists are not
sufficiently tight to prevent snow and water from entering the
gloves.  Third, there has been no evidence presented that this
merchandise will be marketed or sold as ski gloves.  

     Therefore, we conclude that the gloves at issue are not
suitable for skiing and are not designed for that purpose. 
Instead, they are the class or kind of article known as a cold
weather glove.  Accordingly, this merchandise is classifiable
under subheading 6216.00.3225, HTSUSA.

HOLDING:

     The submitted gloves are classified under subheading
6216.00.3225, HTSUSA, which provides for gloves, mittens and
mitts, impregnated, coated or covered with plastics or rubber,
other, with fourchettes, containing 50 percent or more by weight
of cotton, man-made fibers or any combination thereof, subject to
man-made fiber restraints.  The rate of duty is 14 percent ad
valorem, and the textile category is 631.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.  

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


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division