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NY 812528




August 11, 1995

CLA-2-61:S:N:NV:354 812528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.0800

Mr. Robert L. Gardenier
M.E. Dey & Co.
5007 So. Howell Ave.
P.O. Box 37165
Milwaukee, WI 53237-0165

RE: THE TARIFF CLASSIFICATION & COUNTRY OF ORIGIN MARKING OF NEOPRENE GLOVES & MITTENS.

Dear Gardenier:

This is in response to your letter dated July 7, 1995, on behalf of HT Enterprises, requesting a classification and marking ruling for imported gloves. Two samples were submitted with your letter for review.

Style CNG-1M has a palm and palm side of the fingers made from embossed neoprene rubber over a layer of knit nylon fabric. The back side of glove is made from neoprene rubber laminated on both sides with knit nylon fabric. The thumb, index and middle fingers feature slits on the palm side and hook & loop material square tabs which allow these tips of the gloves to be folded back and held. Additionally, the gloves feature fourchettes and a partially elasticized wrist. Style LNM-1L is a lined mitten with a separate index finger. The palm side and back side are constructed using the same materials as style CNG-1M. In addition, the mittens have a hook & loop material strap adjustment at the back of the wrist. Both styles show design features suitable for the sport of cold weather fishing.

The applicable subheading for both items will be 6116.10.0800 Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastic or rubber: other gloves . . . all the foregoing specially designed for use in sports.. The rate of duty will be 5.5 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on textile articles be a sewn in label. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

With regards to any requirements under the Textile Fiber Products Identification Act we suggest you contact the:

Federal Trade Commision
Los Angeles Regional Office
11000 Wilshire Blvd.
Los Angeles, CA 90024

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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