HQ 084800: Classification of winter bicycle 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 084800

                                        July 28, 1989


          CLA-2 CO:R:C:G  084800 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6216.00.4805

          Ms. Nancy Young
          The Glove Source, Inc.
          9365 Gerwig Lane
          Columbia, MD 21046

          RE:  Classification of winter bicycle gloves

          Dear Ms. Young:

                This ruling letter is in response to your inquiry of May
          11, 1989, on behalf of Samku Industries, Inc., requesting tariff
          classification under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), for winter bicycle gloves.  A sample
          produced in Korea was submitted for review.

          FACTS:

                According to your submissions, style number 0700 is a
          winter bicycle glove.  The glove has an unlined synthetic leather
          palm composed of "Amara" fabric.  Amara fabric is a combination
          of man-made fibers and plastic which forms a nonwoven fabric.
          The back of the hand is made from a knit man-made fabric with a
          thin layer of foam which serves as insulation.  This layer has a
          knit man-made fabric attached which acts as a lining.  The glove
          has an "Amara" palm and thumb reinforcement covering a thin layer
          of foam padding.  An additional layer of "Amara" reinforcement
          covers the joint of the thumb.  The glove has a row of elastic
          gathering on the palm side of the wrist.  The hemmed cuff is also
          elasticized on the palm side so that the glove appears straight,
          when viewed from the back.  An inseam construction is used
          throughout except where the "Amara" palm side of the index finger
          is joined to the knit back.  The reinforced areas are top-
          stitched over the shell material.  The gloves have a plastic hook
          and clasp to hold them together when not in use.   














                                         -2-

          ISSUE:

                How are the gloves at issue classified under the HTSUSA?

          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 is determined
          according to the terms of the headings and any relevant section
          or chapter notes.  Heading 6216, HTSUSA, provides for gloves,
          mittens and mitts.  We must now determine how the gloves are
          classified at the subheading level.

                Subheading 6216.00, HTSUSA, provides for gloves, mittens
          and mitts, impregnated, coated or covered with plastics or
          rubber.  Our position is that if the plastic is added after
          creation of the fabric, the fabric is considered impregnated,
          coated or covered with plastic.  We do not consider the "Amara"
          fabric used in the sample at issue to be impregnated, coated or
          covered with plastic.  The plastic was added at the time of
          creation of the "Amara" fabric.  As previously stated, "Amara"
          fabric is a combination of man-man fibers and plastic which forms
          a nonwoven fabric.

                There have been new trends in the design of bicycle gloves
          and although the gloves at issue do not resemble traditional
          bicycling gloves, they do provide padding for griping handlebars
          and do offer a tight fit which enhances the thermal protection
          necessary for winter bicycling.  Therefore, they are classified
          as gloves specially designed for use in sports.

                We note the burden of proof is usually on the importer to
          provide us with the necessary information to determine whether
          their gloves are specially designed for use in sports.  That
          information may include, but is not limited to, catalogs,
          advertisements, marketing strategies, and design features.

          HOLDING:

                The gloves at issue are classified under subheading
          6216.00.4805, HTSUSA, which provides for gloves, mittens and
          mitts, other, other, with man-made fibers, other, specially
          designed for use in sports, and dutiable at the rate of 22
          cents/kg plus 11 percent ad valorem.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division