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NY C86935




April 27, 1998

CLA-2-61:RR:NC:TA:354 C86935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.92.8800

Mr. Johnny Lee
BJ Customs Brokerage Co. Inc.
P.O. Box 91034
Los Angeles, California 90009-1034

RE: The tariff classification of gloves from Malaysia.

Dear Mr. Lee:

In your letter dated April 3, 1998, you requested a tariff classification ruling on behalf of Simplex Safety Inc. Provided samples will be returned as per your request.

Two samples were submitted for review. Style 5JX is a solid color string knit 60% cotton 40% polyester work glove with a ribbed knit elasticized cuff. Style 5M appears to be identical to style 5JX with the exception of a yellow colored trim at the elasticized cuff and its slightly larger size. The merchandise is to be sold in amounts of dozens only as indicated on the provided samples.

The applicable subheading for both gloves will be 6116.92.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: other: without fourchettes. The duty rate will be 9.8 percent ad valorem.

The glove falls within textile category designation 331. Based upon international textile trade agreements products of Malaysia are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported to the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Please note that the paper label stapled to each sample glove is not considered a permanently affixed label for country of origin purposes. An exception from country of origin marking on each pair of gloves may be granted under certain conditions, one of which follows.

Among the exceptions from country of origin marking is 19 U.S.C. 1304(a)(3)(D), also provided for in section 134.32(d), Customs Regulations. That section provides that articles for which the marking of their containers will reasonably indicate the country of origin of the articles may be excepted from country of origin marking. The necessary predicate to the application of this exception is that Customs must be satisfied that the article will reach the ultimate purchaser in the original, properly marked container in which the article was imported. Customs has previously ruled that a plant or concern which purchases gloves for use by its employees may be considered the ultimate purchaser. Before granting an exception from individual marking, the director of Customs at the port of entry must be satisfied that the ultimate purchaser will receive the gloves in their original unopened marked containers and that the gloves will be used only as indicated.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Sincerely,

Robert B. Swierupski
Director,

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