CATEGORY: Classification s388

NY L86983

September 2, 2005

CLA-2-42:RR:NC:TA:354 L86983

CATEGORY: Classification

TARIFF NO.: 4203.29.0500; 4203.29.1500; 4203.29.4000; 4203.29.5000

Ms. Edith Tolchin EGT Global Trading P.O. Box 231 Florida, NY 10921

RE: The tariff classification of gloves from China, Taiwan, or Kong Hong.

Dear Ms. Tolchin:

In your letter dated August 8, 2005, you requested a tariff classification ruling and marking requirements on behalf of Etsuko, LLC. The provided samples will be returned as per your request.

Style PML-001 QWI™ Nerve Protection Motorcycle Glove is a half-fingered glove that will be constructed of a pig grain or cow leather. Palmside gel pads are sewn on the underside across the base of the fingers extending up the lower finger area, and at either side of the middle palm. The glove features fourchettes and a vented leather wristband that is secured with hoop and loop fasteners.

Style PMS-001 QWI™ Nerve Protection Motorcycle Glove is a half-fingered glove that will be constructed of a pig grain or cow leather palmside and a knitted 95% polyester 5% spandex fabric backside. Palmside gel pads are sewn on the underside across the base of the fingers extending up the lower finger area, and at either side of the middle palm. The glove features knitted fabric fourchettes and a vented leather wristband that is secured with hoop and loop fasteners. The essential character of the glove is imparted by the pig grain or cow leather palmside.

Style FM-001 QWI™ Nerve Protection Motorcycle Glove is a full-fingered glove that will be constructed of a pig grain or cow leather. Palmside gel pads are sewn on the underside across the base of the fingers extending up the lower finger area, and at either side of the middle palm. The glove features fourchettes, a partially elasticized wrist, a gauntlet cuff measuring approximately 2-inches in length with a 2

hemmed bottom, and a backside leather wrist strap that is secured with hoop and loop fasteners.

Style FMIN-001 QWI™ Nerve Protection Motorcycle Glove is a full-fingered glove that will be constructed of a pig grain or cow leather. Palmside gel pads are sewn on the underside across the base of the fingers extending up the lower finger area, and at either side of the middle palm. The glove features a sewn-in polyester lining, fourchettes, a partially elasticized wrist, a gauntlet cuff measuring approximately 4-inches in length with a hemmed bottom, and a backside leather wrist strap that is secured with hoop and loop fasteners.

The applicable subheading for the pig grain leather versions of styles PML-001 QWI™ Nerve Protection Motorcycle Glove, PMS-001 QWI™ Nerve Protection Motorcycle Glove, and FM-001 QWI™ Nerve Protection Motorcycle Glove will be 4203.29.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Other: Other: For other persons: Not lined. The duty rate will be 12.6 percent ad valorem.

The applicable subheading for the cow leather versions of styles PML-001 QWI™ Nerve Protection Motorcycle Glove and FM-001 QWI™ Nerve Protection Motorcycle Glove will be 4203.29.0500, HTS, which provides for Gloves, mittens and mitts: Other: Gloves of horsehide or cowhide (except calfskin) leather: Wholly of leather: With fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The rate of duty will be 12.6 percent ad valorem.

The applicable subheading for the cow leather versions of Styles PMS-001 QWI™ Nerve Protection Motorcycle Glove and Style FMIN-001 QWI™ Nerve Protection Motorcycle Glove will be 4203.29.1500, HTS, which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Gloves of horsehide or cowhide (except calfskin) leather: Other: With fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the pig grain leather version of Style FMIN-001 QWI™ Nerve Protection Motorcycle Glove will be 4203.29.5000, HTS, which provides for Articles of apparel and clothing accessories, of leather or of composition leather: Gloves, mittens and mitts: Other: Other: Other: For other persons: Lined. The rate of duty will be 12.6 percent ad valorem.

You also asked whether there are any special marking and/or labeling requirements for your merchandise. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article 3

of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division