HQ 086495: HRL 085807 modified. Diving gloves of rubber laminated on both sides with textile fabric, where textile fabric is more than mere reinforcement, is a textile product. Sports Industries; sporting; equipment; scuba; 4008

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 086495

                          April 19, 1990




     CLA-2 CO:R:C:G  086495  HP

     CATEGORY:  Classification

     TARIFF NO.:  6116.10.2510

     Mr. K.M. Oh
     President
     Sam Jung Hwagong Company, Ltd.
     C.P.O. Box 2125
     Seoul
     Korea

     RE:  HRL 085807 modified. Diving gloves of rubber
     laminated on both sides with textile fabric, where
     textile fabric is more than mere reinforcement, is a
     textile product. Sports Industries; sporting;
     equipment; scuba; 4008

     Dear Mr. Oh:

          On January 29, 1990, we sent you Headquarters
     Ruling Letter 085807, modifying HRL 082324 of August
     29, 1989, with respect to seamed diving gloves.  In HRL
     085807, we classified these gloves under subheading
     6116.10.3540, Harmonized Tariff Schedule of the United
     States Annotated (HTSUSA), as gloves, coated or covered
     with plastics or rubber, without fourchettes, not cut
     and sewn from pre-existing machine-knit fabric that is
     impregnated, coated or covered with plastics or rubber.

          On February 16, 1990, we sent you a letter inform-
     ing you that our New York office was of the opinion
     that the gloves addressed in HRL 082324 and 085807 are
     cut and sewn from pre-existing machine-knit fabric that
     is impregnated, coated or covered with plastics or
     rubber.

          As a result, the merchandise considered in HRLs
     082324 and 085807 is classified under subheading
     6116.10.2510, HTSUSA, as gloves, mittens and mitts,
     knitted or crocheted, gloves, mittens and mitts impreg-
     nated, coated or covered with plastics or rubber,
     other, without fourchettes, cut and sewn from pre-








     existing machine-knit fabric that is impregnated,
     coated or covered with plastics or rubber, other,
     containing over 50 percent by weight of plastics or
     rubber.  The applicable rate of duty is 19.8 percent ad
     valorem.

          This notice to you should be considered a
     modification of HRL 085807 of January 29, 1990, as to
     the merchandise described as gloves, under 19 C.F.R.
     177.9(d)(1) (1989).  It is not to be applied retroac-
     tively to HRL 085807 (19 C.F.R.  177.9(d)(2) (1989))
     and will not, therefore, affect the transaction for the
     importation of your merchandise under that ruling.
     However, for the purposes of future transactions in
     merchandise of this type, HRL 085807 will not be valid
     precedent.  We recognize that pending transactions may
     be adversely affected by this modification, in that
     current contracts for importations arriving at a port
     subsequent to the release of HRL 086495 will be
     classified under the new ruling.  If such a situation
     arises, you may, at your discretion, notify this office
     and apply for relief from the binding effects of the
     new ruling as may be dictated by the circumstances.


                            Sincerely,


                      JOHN DURANT, DIRECTOR
                   COMMERCIAL RULINGS DIVISION