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NY D82344




September 29, 1998

MAR-2-RR:NC:TA:354 D82344

CATEGORY: MARKING

Mr. Joe Lee
Asian World Trading Co., Inc.
21543 Greenwood Drive
Kildeer, Illinois 60047

RE: The country of origin marking of imported work gloves.

Dear Mr. Lee:

In your letter dated September 9, 1998, you requested a ruling on country of origin marking for cotton string-knit work gloves. You provided a sample package of a dozen cotton gloves.

According to your letter the sample gloves will be used for industrial use only and not for retail use. The gloves will be sold in dozen packs which are banded together with rubber bands and placed inside a clear poly bag. A paper label printed with "70% Cotton 30% Polyester Men's TO BE SOLD BY THE DOZEN RN25404 Made in Korea" will be attached to the top glove within the clear poly bag, then the poly bag will be closed by tying the ends together. Forty dozen packs will be placed inside the shipping cartons. You requested a marking ruling on the submitted sample.

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 into 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 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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 (19 CFR 134.32(d)). That section provides that articles for which the marking of their containers (plastic bags) will reasonably indicate the country of origin of the articles may be excepted from country of origin marking. However, for the exception to apply Customs must be satisfied that the articles will reach the "ultimate purchaser" in the original, properly marked containers in which the articles were imported. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines the "ultimate purchaser" as generally the last person in the United States who will receive the article in the form in which it was imported.

Customs has previously ruled that a plant or concern which purchases gloves for use by its employees is considered the ultimate purchaser, and that the gloves may be excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). See, C.S.D. 89-89 (March 18, 1989); HQ 732973 (December 20, 1989). It is our opinion that the circumstances you describe are substantially the same, and accordingly that the industrial plant is the ultimate purchaser of the gloves. They may be excepted from individual country of origin marking as set forth below.

Imported industrial gloves may be excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d), provided they are imported in their properly marked poly bags, and the Customs director at the port of entry is satisfied that the gloves will be used only in the manner described above and that the ultimate purchaser, the industrial plant, will receive the gloves in their original unopened marked container.

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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