HQ 966648

September 10, 2003

CLA-2 RR:CR:TE 966648 JFS

CATEGORY: Classification

TARIFF NO: 6216.00.5820

Ms. Laura Denny

CBT International, Inc.

110 West Ocean Blvd.

Suite 728

Long Beach, CA 90802

RE: Revocation of NY G80387; Classification of Mechanic's Gloves; Not
Sports Gloves

Dear Ms. Denny:

The Bureau of Customs and Border Protection (CBP) issued New York Ruling
Letter (NY) G80387, dated August 28, 2000, to you on behalf of your
client Ringers Gloves Company, regarding the classification of gloves
under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). CBP also issued Headquarters Ruling Letter (HQ) 965592, dated
September 18, 2002, NY A86298, dated August 8, 1996, and NY B85790,
dated June 5, 1997, concerning the tariff classification of
substantially similar mechanic's gloves manufactured by producers other
than your client.

Pursuant to section 625(c)(1) Tariff Act of 1930 (19 U.S.C. 1625(c)(1))
as amended by section 623 of Title VI (Customs Modernization) of the
North American Free Trade Agreement Implementation Act (Pub. L. 103-82,
107 Stat. 2057, 2186), notice of the proposed modification of HQ 965592,
and revocation of NY A86298 and NY B85790, was published on May 21,
2003, in the *[Customs Bulletin]{.smallcaps}, Volume 37, Number 21*. As
explained in the notice, the period within which to submit comments on
this proposal ended on June 20, 2003. Two comments were received in
response to the proposed modification/revocations.

NY G80387 is subject to the proposed revocation. After careful
consideration of the comments, we have decided to revoke that ruling.
Accordingly, this ruling revokes NY G80387.

One commenter appropriately summarizes the Bureau of Customs and Border
Protection's (CBP's) proposed modification as being "based upon Customs'
determination that the activity for which the gloves are allegedly used
-- auto mechanic functions in professional or amateur automobile racing
-- do not constitute 'sporting activities' for tariff classification
purposes." The commenter does not "express an opinion concerning whether
a person who serves as a mechanic during an auto race is engaged in a
'sport' or 'sporting activity'". Instead the commenter proposes that CBP
formulate and publish a set of standard factors to be evaluated in
determining whether gloves are "specially designed for use in sports."
While we are open to considering such factors in the future, the issue
in this ruling is whether the auto mechanic in the pit crew is engaged
in a sporting activity. Thus, we decline to formulate standard factors
at this time.

The other commenter presents evidence that the members of a pit crew are
in fact athletes engaged in athletic competition during a race.
Therefore, accordingly to the commenter, the instant gloves are
"specially designed for [use in]{.underline} sports" and should be so
classified. This commenter's arguments are addressed in the LAW AND
ANALYSIS portion of this ruling.

FACTS:

In NY G80387, CBP considered one pair of gloves, identified as style
103, which was described as follows:

> The submitted sample, style 103, is a glove with a palmside from
> fingertips to wrist, backside thumb and forefinger, and fourchettes
> constructed of a synthetic leather fabric. The balance of the glove
> backside is constructed of two different knitted fabrics sandwiched
> over an inner thin layer of foam with synthetic leather reinforcements
> covering the pinky and upper portion of the two middle fingers.
> Additional features include foam padding at the upper palm and lower
> outer palm, synthetic leather reinforcement at the thumb crotch, a 1
> 1/2 inch wide elasticized wrist cuff, and a rubberized \"Ringers\"
> label sewn on the backside wrist tab closure which is secured by means
> of hook and loop fabric. The importer's catalog depicts the gloves
> worn by pit crew members in the sport of auto racing.

CBP classified the glove in subheading 6216.00.4600, HTSUSA, which
provides for Gloves, mittens and mitts: Other: Of man-made fibers: Other
gloves, mittens and mitts, all the foregoing specially designed for use
in sports, including ski and snowmobile gloves, mittens and mitts. The
rate of duty is 3.1 percent ad valorem.

ISSUE:

Whether the glove is specially designed for use in sports.

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General
Rules of Interpretation (GRI). GRI 1 provides, in part, that
classification decisions are to be "determined according to the terms of
the headings and any relative section or chapter notes...." In the event
that goods cannot be classified solely on the basis of GRI 1, and if the
headings and legal notes do not otherwise require, the remaining GRI may
then be applied.

The Harmonized Commodity Description and Coding System Explanatory Notes
(EN) constitute the official interpretation of the Harmonized System at
the international level (for the 4 digit headings and the 6 digit
subheadings) and facilitate classification under the HTSUSA by offering
guidance in understanding the scope of the headings and GRI. While
neither legally binding nor dispositive of classification issues, the EN
provide commentary on the scope of each heading of the HTSUSA and are
generally indicative of the proper interpretation of the headings. *See*
T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Subheading 6216.00.46, HTSUSA, provides, in part, for gloves, mittens
and mitts, specially designed for use in sports. As this is a \"use\"
provision, determining whether an article is classifiable in subheading
6216.00.46, HTSUSA, requires consideration of whether the article has
particular features that adapt it for the stated purpose. In *Sports
Industries, Inc. v. United States*, 65 Cust. Ct. 470, C.D. 4125 (1970),
the court, in interpreting the term \"designed for use,\" under the
Tariff Schedules of the United States, the predecessor to the HTSUSA,
examined not only the features of the articles, but also the materials
selected and the marketing, advertising and sale of the article. The
case suggests that, to be classifiable in subheading 6216.00.46, the
subject gloves must be shown to be, in fact, specially designed for use
in a particular sport. Accordingly, a conclusion that a certain glove is
\"specially designed\" for a particular sport, requires more than a mere
determination of whether the glove or pair of gloves could possibly be
used in a certain sport. In determining whether gloves are specially
designed for use in sports, CBP considers the connection the gloves have
to an identified sporting activity, the features designed for that
sporting activity, and how the gloves are marketed, advertised and sold
in relation to the named sport.

While the term \"sport\" is not defined in the tariff, in HQ 089849,
dated August 16, 1991, CBP noted that common dictionaries defined the
term \"sport\" as \"an activity requiring more or less vigorous bodily
exertion and carried on according to some traditional form or set of
rules, whether outdoors, as football, hunting, golf, racing, etc., or
indoors, as basketball, bowling, squash, etc.\" In *Newman Importing
Company, Inc. v. United States*, 415 F. Supp. 375, 76 Cust. Ct. 143,
Cust. Dec. 4648 (1976), in finding backpacking to be a sport, the court
determined that the term \"sport\" is not solely defined in terms of
competitiveness, but also arises from the development and pursuit of a
variety of skills. In this respect, in HQ 957848, dated August 10, 1995,
CBP found hunting, fishing, canoeing, archery and similar outdoor
activities to fall within the purview of \"sport.\" [The American
College Dictionary]{.underline} (1970) defines the term \"sport\" as \"a
pastime pursued in the open air or having an athletic character.\"
Likewise, [Webster\'s New Dictionary of the English
Language]{.underline} (2001) defines \"sport\" as:

1: a source of diversion: PASTIME

2: physical activity engaged in for pleasure.

The term \"sport\" appears to also encompass activities in which
individuals engage professionally (i.e., professional sports).

In HQ 964901, dated January 31, 2002, CBP defines the term "sport"
according to The Random House Dictionary of the English Language, the
Unabridged Edition (1983) as:

1.  an athletic activity requiring skill or physical prowess and often
    of a competitive nature, as racing, baseball, tennis, golf, bowling,
    wrestling, boxing hunting, fishing, etc.

> 2\. a particular form of this, esp. in the out of doors.

In HQ 965692, dated September 18, 2002, we recognized that motorsports
racing is a sporting activity, and noted that pit-crew members are an
integral component of the sport, for purposes of tariff classification.
Because the gloves under consideration were specially designed for the
mechanics that work in the pit-crew, we classified the gloves as being
specially designed for use in sports. However, upon further
consideration of the role of pit-crew members, CBP concludes that while
they are an integral component of the team, the actual role and
function, of a mechanic do not constitute a sporting activity.

When there is doubt as to whether a certain activity constitutes a sport
for tariff classification purposes, CBP balances a range of factors,
which include the degree of bodily exertion, the use of traditional
rules, the degree of competitiveness, the origin of the activity, and
common recognition as a sport. In HQ 962745, dated October 25, 1999, in
determining whether the activity of "dancing" is a sport, CBP found that
while it may entail competition, require athleticism, involve physical
and mental exertion, etc., notwithstanding news accounts about the
International Olympic Committee taking action to grant provisional
recognition to the "sports" of ballroom dancing and surfing in the Games
program, we found that for classification purposes, dancing is not a
sport.

In HQ 965712, dated August 28, 2002, we likewise found that
"lumberjacking" is not a sport. As "lumberjacking" does not originate
from a recreational pastime as activities typically considered sports,
we found that "lumberjacking" is most accurately described as an
occupation, not a pastime. In that ruling, we noted that while
"lumberjacking" contests have stemmed from the trade, such events fell
short of establishing "lumberjacking" as a sport for tariff
classification purposes. Moreover, we found that while some may consider
"lumberjacking" to be a \"pastime\" and a \"physical activity engaged in
for pleasure,\" it has neither gained mainstream acceptance as a sport
nor is it a sport in the traditional sense of the word. Thus, we
concluded that although those gloves may have had features useful in the
activity of "lumberjacking," they were not specially designed for use in
sports.

A mechanic is a professional technician that employs extensive knowledge
and technical skills to perform his duties. Being a mechanic requires
much more than the mere performing of an athletic activity that is
required in almost all sporting activities. There are different levels
and types of certification for mechanics that are based on their skill
and training. Mechanics receive training and education on the job and at
colleges and trade schools. Indeed, there is even an institute to train
NASCAR mechanics titled the Nascar Technical Institute. The promotional
information at their web-site states as follows:

> Nascar Technical Institute in Mooresville, NC is the first technical
> training school to combine automotive and NASCAR technology delivering
> hands-on NASCAR training.
>
> The Nascar Technical Institute is a part of Universal Technical
> Institute (UTI), providing industry customers with professional
> technicians by offering entry-level, manufacturer-specific and update
> training in automotive, collision repair and refinishing, and diesel,
> as well as motorcycle, marine, personal watercraft and
> heating/ventilation/air conditioning/refrigeration.
>
> At the first ever Nascar Technical Institute, you will learn the
> basics of
>
> Engine Construction
>
> Body and Aero Applications
>
> Chassis Applications
>
> Body Fabrication
>
> Chassis Fabrication
>
> Dyno Testing for Performance and Durability
>
> The Nascar Technical Institute delivers the necessary training to
> excel as an entry-level technician, as well as the additional training
> required to enter the motor sports industry.

www.mechanicschools.com/nascarschool.html. These skills, engine
construction, body and chassis fabrication, aero applications, to name a
few, are not traditionally associated with sporting activities.

Moreover, the term "mechanic" is defined in Merriam-Webster Online
Dictionary copyright © 2002, as:

> Function: *adjective*\
> **1** **:** of or relating to manual work or skill
>
> Function: *noun*\
> **1** **:** a manual worker

These definitions focus on the manual labor aspect of the duties of a
mechanic. Nonetheless, they demonstrate that a mechanic's occupation is
not traditionally thought of as a sporting profession, but is instead
considered a form of labor or work.

Mechanics, be they pit-crew mechanics or mechanics working in an
automotive repair shop, engage in the activity of maintaining and
repairing automobiles. Thus, even though a pit-crew member performs his
functions under extreme conditions and circumstances, the functions
performed are essentially the same as those performed by the mechanic at
the local repair shop. Accordingly, because the functions performed by
mechanics are not sporting activities, the gloves used by pit-crew
mechanics are not "specially designed for use in sports."

Finally, it cannot be overlooked that mechanic's gloves are marketed and
sold to average consumers through auto parts retailers. Thus, while
mechanic's gloves may have been designed with the pit-crew mechanic in
mind, most of the sales and revenue are generated by sales to consumers
and not those directly involved in auto racing. Moreover, mechanic's
gloves are sold and marketed through construction and industrial
suppliers.[^1] These suppliers also sell substantially similar gloves
that are not marketed as "mechanic's gloves" but that have similar
features. However, they are not classified as being specially designed
for use in sports.

One commenter has provided considerable evidence in support of the
argument that pit-crew members are athletes engaged in athletic
activity, and that they are an integral component of the sport of auto
racing. The commenter explains that in NASCAR the pit-crew may have as
many as fourteen or fifteen members. However only seven are allowed to
go "over the wall" to service the car during a pit stop.[^2] The
seven-member "over-the-wall" crew is comprised of (1) a front tire
carrier, (2) a front tire changer, (3) a rear tire carrier, (4) a rear
tire changer, (5) a jack man, (6) a gas man and (7) a catch-can person
who assists the gas man. The commenter argues that the individuals who
fill these positions are hired more for their athletic ability than for
their technical skill. Their athletic ability is crucial, according to
the commenter, because many races are won or lost in the pit stop.

We do not dispute the importance of the athletic ability of the pit-crew
members that go "over the wall." Nor do we contest that these abilities,
mainly speed and agility, enable them to swiftly complete competitive
pit stops that are vital to winning the race. That being said, the
functions that they perform are inherently mechanical. Moreover, the
glove in question is worn and used by the pit-crew members that remain
behind the wall. These members also perform the more traditional and
technical duties of mechanics before, during, and after the race.
Accordingly, even though the "over-the-wall" pit-crew members may be
more active participants in the racing aspect, the duties they perform
basically remain those of a mechanic. As the glove is to be used by the
pit-crew carrying out mechanic duties, as well as their "over-the-wall"
activities, we find that, for classification purposes the glove is not
specially designed for use in sports.

HOLDING:

NY G80387, daed Augus 28, 2003, is hereby revoked.

The glove, style103, is properly classified in subheading 6216.00.5820,
HTSUSA, which provides for \"Gloves, mittens and mitts: Other: Other: Of
man-made fibers: With fourchettes, Other.\" The general column one rate
of duty is 20.8 cents per kilogram plus 10.5 percent *ad valorem* and
the textile restraint category is 631.

The designated textile and apparel category may be subdivided into
parts. If so, the 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 your client check, close to the time of shipment,
[The Textile Status Report for Absolute Quotas]{.underline} previously
available on the Customs Electronic Bulletin Board (CEBB) which is now
available on the CBP Website at www.cbp.gov.

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

In accordance with 19 U.S.C. §1625(c), this ruling will become effective
60 days after its publication in the [Customs Bulletin.]{.smallcaps}

Sincerely,

Myles B. Harmon, Director

Commercial Rulings Division

[^1]: For Example, MSC Industrial Supply Co., Argas -- Solutions in
    Safety, Conney (www.Conney.com), and labsafety.com.

[^2]: In certain races eight members are allowed to go "over the wall."