HQ 953629: Classification of gloves; not practicable for use as skigloves because knit fourchettes and cuffs allow moisture to enterthe glove; Stonewall Trading Company v. United States, 64 Cust.Ct. 482, C.D. 4023 (1970); subheading 6216.00.3225, HTSUSA; HRL951294 (8/28/92).

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 953629 

                          July 8, 1993

CLA-2 CO:R:C:T 953629 SK

CATEGORY: Classification

TARIFF NO.: 6216.00.3225

Coline Han
Qualiwell Products USA Inc.
25028 S. Broadwell Ave.
Harbor City, CA 90710

RE:  Classification of gloves; not practicable for use as ski
gloves because knit fourchettes and cuffs allow moisture to enter
the glove; Stonewall Trading Company v. United States, 64 Cust.
Ct. 482, C.D. 4023 (1970); subheading 6216.00.3225, HTSUSA; HRL
951294 (8/28/92).

Dear Ms. Han:

     This is in response to your letter of March 15, 1993, in
which you request a binding classification ruling for four styles
of gloves.  Samples were submitted to this office for
examination.

FACTS:

     The gloves at issue are referenced styles 895WP, 895, 896WP
and 896.  The gloves are constructed from woven nylon fabric with
a 1 mm foam rubber coating on the inner surface.  The gloves have
acrylic knit fourchettes, sidewalls and cuffs.  The lining is
made from a knit fabric with Thinsulate and 3mm of foam attached
to it.  The gloves feature internal textile-backed vinyl
reinforcement and foam padding across the back of the knuc
kles, partially elasticized wrists, applied knit cuffs and hook
and clasp closures.  The gloves have a textile-backed vinyl palm
and thumb overlaid reinforcement.  Styles 895WP and 896WP have an
additional thin plastic insert between the liner and the shell.

ISSUE:

     Whether the articles at issue are classifiable as ski
gloves?



                              - 2 -

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (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.

     At issue is whether the gloves the subject of this binding
ruling request have been designed for use in skiing and whether
they are properly classifiable as "other gloves ... especially
designed for use in sports, including ski[ing]", under heading
6216, HTSUSA.  In Stonewall Trading Company v. United States, 64
Cust. Ct. 482, C.D. 4023 (1970), the Court set forth several
characteristics deemed indicative of a ski glove design.  In this
decision it was determined that certain vinyl gloves were
classifiable as "other ski equipment" in item 734.97, TSUS, (now
provided for in various HTS subheadings) because the gloves were
deemed to have been especially designed for use as ski gloves by
exhibiting the following: 

     1) A hook and clasp to hold the gloves together;

     2) An extra piece of vinyl stitched along the thumb 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
        and inside stitching which is securely stitched across
        the middle of the glove where the knuckles bend and cause
        stress;

     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.

     As this office stated in Headquarters Ruling Letter 951294,
dated August 28, 1992, these criteria are not prerequisites
mandated of all ski gloves.  Rather, they provide a guideline
intended to aid in determining whether certain gloves have been
designed for use in skiing.  These criteria are neither
mandatory, nor all-inclusive, and a case by case analysis will be
used by Customs in determining whether a glove's design merits
classification as a ski glove under heading 6216, HTSUSA. See HRL
082336, dated November 21, 1988, in which Customs noted:

     "[t]he fact that the court found certain gloves to be
     classifiable as other ski equipment cannot be construed 
     as either a limitation or as a blanket approval for any     
     gloves that possess such [the same] features."  We 
     further note that even if a glove were to possess all 
                              - 3 -

     the features enumerated supra, it would not definitively
     serve to classify the glove as a ski glove; a glove may
     possess all these features and still be deemed unacceptable
     for use as a ski glove.  

     All four samples submitted to this office possess at least
three of the characteristics set forth in Stonewall: the gloves
have a hook and clasp, there is an extra piece of padding
reinforcement where the knuckles bend, and the gloves have cuffs
with elasticized gauntlets.   Closer scrutiny of the gloves
yields the finding that these features are rather insubstantial
in nature. The hook and clasp is of a light plastic that unhooks
easily, the reinforcement sewn to the inside of the glove is
internal only and the elasticized cuffs do not provide a
waterproof barrier sufficiently tight so as to prevent water,
snow and ice from entering the glove when skiing.
 
     In HRL 951294 this office noted that the second
characteristic in Stonewall, which refers to an extra piece of
vinyl stitched along the thumb to meet the stress caused by the
flexing of the knuckles when the skier grasps the ski pole,
leaves some question as to precisely where along the thumb the
vinyl is supposed to be stitched.  In the case of the four styles
at issue, there is no extra piece of vinyl internally affixed to
the thumb of the glove.  There is an external vinyl panel that
has been affixed to the outside palm-side of the thumb and this
covers the thumb crotch (i.e., the right angle created by thumb
and forefinger).  There is no vinyl reinforcement along the
outside top portion of the thumb.  The purpose of reinforcement
is to ensure that gloves are sufficiently strong and durable so
as to withstand the rigors of skiing.  The thumb is only slightly
bent when gripping a ski pole and as there is little bending of
the thumb knuckle, the submitted samples need not possess vinyl
reinforcement on the top side of the thumb.  Accordingly, the
vinyl reinforcement which externally lines only the palm-side of
the thumb and the thumb crotch is adequate for use in skiing. 

     Our examination of the subject merchandise indicates that
while the gloves may technically meet the guidelines set forth in
Stonewall, these gloves are nevertheless ill-suited for use in
skiing for several reasons.  First, the fourchettes, sidewalls
and cuffs on these styles are constructed from acrylic knit 
fibers to which snow tends to adhere.  This fabric easily absorbs
water and allows that water to pass to the hands of the wearer. 
Obviously, this is not an acceptable characteristic for a ski
glove.  Second, the knit cuffs and elasticized wrists on these
gloves are not sufficiently tight to prevent snow and water from
entering the gloves.  For the aforegoing reasons, it is clear
that these gloves are not practical for use in skiing.

     The Stonewall Court created a rebuttable presumption that a
glove possessing all four of the enumerated characteristics has 
                              - 4 -

been designed as a ski glove.  Customs may consider other factors
which effectively refute this presumption.  Such factors may
include whether the gloves are functionally practicable for use
in skiing, whether the gloves appear suitable for use in skiing,
and whether the gloves are marketed as ski gloves.  While a
glove's appearance, and the manner in which it is marketed, are
certainly indicators of classification, it is the glove's
suitability for use in skiing that is determinative of whether
classification as a ski glove is proper.  In other words, even if
the Stonewall characteristics have been met, a glove is not
classifiable as a ski glove if it is not functionally practicable
for use as such.  

     It is Customs' opinion that none of the four glove styles
submitted are properly classifiable as ski gloves.  The gloves
are not suitable for use in skiing primarily because they would
allow a skier's hands to get wet easily by virtue of knit
fourchettes and loose cuffs. 

HOLDING:

     The submitted samples are classifiable under subheading
6216.00.3225, HTSUSA, which provides for gloves, mittens and
mitts: impregnated, coated or covered with plastics or rubber:
other: with fourchettes... subject to man-made fiber restraints. 
The applicable rate of duty is 14% ad valorem and the textile
quota category is 631.

     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 updated
weekly and is available at your local Customs office.

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


                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division