HQ 958892

October 4, 1996

CLA-2 RR:TC:TE 958892 jb

CATEGORY: Classification

Director, National Commodity Specialist Division

Attention: Wearing Apparel Branch

U.S. Customs

6 World Trade Center, Suite 716

New York, NY 10048-0945

RE: Double Difference with Buffalo; Classification of gloves

Dear Sir:

This letter is in response to your memorandum dated February

1, 1996, concerning a classification difference with the port of

Buffalo.

The merchandise at issue is a pair of gloves, referenced

style 09-3500, imported by Fargo Trading. The gloves are close

fitting, unlined, and feature a palm side constructed of

polyurethane coated fabric, nylon/spandex knit fourchettes,

elasticized shirring on the leather back and wrist, and air

vents. The palm material, which is identified as AQUATACK,

provides a breathable and durable gripping surface.

In the past, Customs generally looked to a particular design

feature, that is, reinforcement between the third and little

fingers , in an equestrian riding glove. This reinforcement was

necessary in the past to protect wear points and seams because of

weaker thread and poorer leather quality. With the advent of

stronger thread (nylon) and more durable coated fabrics, that

feature is now considered more of a historical note and not as

important to the glove. Additionally, the absence of that

reinforcement makes the glove more comfortable for the wearer.

The Buffalo field import specialist believes the gloves,

which are asserted by the importer as being sports gloves, may be

used for other purposes. This view is based on a determination

in Headquarters Ruling Letter (HQ) 957848, dated August 10, 1995,

in which half-fingered knit gloves with a fold back mitten-like

pouch were not considered sport gloves even though they were

marketed with hunting and related sport equipment.

Your office has taken the position that factors such as the

close fit of the gloves, the use of grip enhancing material and

the elasticized back in conjunction with the advertising

information, are clear indication that style 09-3500 is

representative of gloves which belong to a class or kind of

merchandise that are designed, marketed and sold for use in

equestrian sports. We agree with your position.

The gloves which were the subject of HQ 957848 did not

exhibit any special characteristics indicating primary use for

the outdoor sports indicated by the importer, namely, hunting,

fishing, canoeing, archery and the like. Additionally, both the

catalogue and the advertising material submitted by the importer

were ambiguous at best. This is not the case with the subject

gloves.

In Porter v. United States, 409 F. Supp. 757; 76 Cust. Ct.

97; Cust. Dec. 4641 (1976), the U.S. Customs Court held that

certain motocross gloves, which contained special features such

as a shortened palm, a reinforced thumb, an elastic band,

protective strips or ribbing and an out-seam construction,

evidenced that they were specifically designed for use in the

sport of motocross. The same is true for the subject gloves.

Features such as the close fit of the gloves, the nylon/spandex

fourchettes, elasticized shirring on the leather back and wrist,

and air vents, indicate gloves which will fit snugly and

comfortably against the wearer\'s hand while providing the wearer

with a steady grip when grasping reins. A review of the

advertising material used to market this merchandise additionally

supports the finding that these are equestrian gloves. The

catalogue marketing this merchandise refers to gloves as \"All

purpose\" and states that the gloves are \"Perfect for training,

working, driving or riding.\" The gloves come in men\'s, ladies

and children\'s sizes. Fargo Trading, the importer in this

instance, serves only one market- that is, the equestrian sport

market, which includes riding, polo, driving (harness and

carriage), jockeys and rodeo. Thus, the reference to the all

purpose glove, that is, perfect for training, working, driving or

riding, simply enumerates the variety of equestrian activities to

which these gloves can be put to use.

Accordingly, we are in agreement with your view that the

subject gloves, referenced style 09-3500, are classified as

gloves used in equestrian sports.

Sincerely,

John Durant, Director

Tariff Classification Appeals

Division