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NY D82811




October 6, 1998

CLA-2-61:RR:NC:TA:354 D82811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.92.6420

Mr. Rashid Khan
Prime Fibers International
2667 East 6th Street
Brooklyn, New York 11235

RE: The tariff classification of gloves from Pakistan.

Dear Mr. Khan:

In your letter dated September 21, 1998, you requested a classification. The provided sample will be returned as per your request.

Style BJ.222 is a knitted cotton clute cut work glove with a ribbed knit fabric cuff.

The applicable subheading for style BJ.222 will be 6116.92.6420, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of cotton: other: made from a pre-existing machine knit fabric: without fourchettes . . . jersey type, brushed or napped fabric. The duty rate will be 24.4 percent ad valorem.

The glove falls within textile category designation 331. Based upon international textile trade agreements products of Pakistan 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.

The provided glove sample is stapled between a folded hang tag constructed of heavy paper or very light cardboard. The hang tag has a front and back with a cut out which enables the gloves to be displayed on a retail rack. On the front side the following information is provide: style number, price, material used, and glove description. On the back side is UPC information and the country of origin.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his or her will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).

Customs has previously ruled that work and garden gloves may be marked with the country of origin by means of folded cardboard or heavy paper hang tags which are securely stapled to the cuffs, as long as the country of origin is shown in a legible and conspicuous manner, and in compliance with 19 CFR 134.46. HRL 731061 dated July 28, 1988, and T.D. 75-222 dated September 4, 1975.

The front of the tag is what attracts the ultimate purchasers attention. If there is no other country of origin marking on the glove, the country of origin must be marked on the front of the securely affixed hang tag to be considered conspicuous.

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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