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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/3/13

30 December 2009

Dear Sirs,

Commercial Information Circular No. 659/2009

US : Modification of Tariff Classification of Certain Gloves

The US Customs and Border Protection (CBP) published in the Customs Bulletin and Decisions (Vol. 43, No. 50) of 10 December 2009 notices on the modification of tariff classification of certain ski mittens and sports gloves.

Proposed modification of tariff classification of certain ski mittens (pages 59-69 in the Customs Bulletin and Decisions)

  1. CBP proposes to modify New York Ruling Letter (NY) N003928 with respect to certain lined and insulated unisex ski mittens with removable inner gloves as a reconsideration based on court cases and prior rulings. In NY N003928, CBP classified the outer mitten under subheading 6116.10.44 in the Harmonized Tariff Schedule of the United States (HTSUS) because the absence of certain characteristics precluded it from classification as gloves specially designed for use in skiing (i.e., HTSUS 6116.10.08). CBP has reviewed the classification and indicated that the mittens possess additional physical characteristics that indicate a design for use in skiing, such as a drawcord tightener and locking end clip for the gauntlet cuffs to keep out snow and ice, etc. The marketing material of the mittens similarly focuses on its suitability for skiing. CBP now proposes to revise the classification of the outer mittens to HTSUS 6116.10.08, which is currently subject to 2.8% ad valorem tariff. The classification of the inner glove under HTSUS 6116.93.94, with current tariff rate at 18.6% ad valorem, remain unchanged. 
     

  2. Interested parties may submit their comments on the proposal to CBP on or before 11 January 2010. Although in the notice, CBP is specifically referring to the modification of NY N003928, the notice covers any rulings on the relevant merchandise which may exist but have not been specifically identified by the CBP. CBP also proposes to revoke any treatment previously accorded by CBP to substantially identical transactions. Any party who has received an interpretive ruling or decision (i.e., a ruling letter, internal advice memorandum or decision or protest review decision) on the merchandise subject to the notice should advise CBP during the notice period. 

Modification of tariff classification of sports gloves (pages 102-114 in the Customs Bulletin and Decisions)

  1. Traders were informed via Commercial Information Circular No. 381/2009 dated 27 July 2009 that CBP sought public comments on the proposed modification to ruling letters NY N042400, N042401 and N042402 with respect to certain cold weather sports gloves. CBP has decided to modify the three ruling letters and revoke treatments relating to tariff classification of the relevant sports gloves. The action is effective for merchandise entered or withdrawn from warehouse for consumption on or after 8 February 2010.
     

  2. Because of the bulkiness of the US Customs Bulletin and Decisions, it is not appended to this circular. Interested parties may download the notices at :
    http://www.cbp.gov/linkhandler/cgov/trade/legal/bulletins_decisions/
    bulletins_2009/vol43_12102009_no50/43genno50.ctt/43genno50.pdf

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.

Yours faithfully,




(Miss WONG Ying)

for Director-General of Trade and Industry