United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY NY1721 - NY NY1757 > NY NY1731

Previous Ruling Next Ruling



NY D80159


July 31, 1998

MAR-2 RR:NC:TAB:354 D80159

CATEGORY: MARKING

Mr. C.R. Hammett

Wells Lamont Corporation

6640 West Touhy Avenue

Niles, IL 60714-4587

RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED WORK GLOVES.

Dear Mr. Hammett:

This is in response to your letter dated July 1, 1998, requesting a ruling on country of origin marking for leather gloves. You sent us three pairs of leather gloves.

According to your letter Wells Lamont currently uses a sewn in label as well as a hang tag (ticket) which both indicate the country of origin. You have inquired about using the hang tag only.

Specifically you ask the following:

1 - Is it acceptable to leave the country of origin marking on the back of the tickets we have enclosed or is it a requirement to place this information on the front of the ticket?

2 - Is it acceptable to remove the country of origin from the sewn -in label?

3 - If we bulk pack gloves to be sold for industrial purposes only can we place the country of origin on the poly bag?

The hang tags appear to be constructed of heavy paper or very light cardboard. The hang tags for each style are stapled to the gloves and a small plastic hanger is also stapled to the gloves to enable the gloves to be displayed on a retail rack. One tag has a front and back, the other two are folded over with information on four sides. On the front side the following information is provided: company name, material used, size, UPC information and style #. On back side is the company name and address, the country of origin, care instructions and the material used.

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).

Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or
produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

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 C.F.R. §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 in reasonable proximity to the glove size, to be considered conspicuous. In cases where the company's U.S. address remains on the back of the hang tag, the country of origin must also be marked on this side in compliance with 19 C.F.R. §134.46.

With regard to the gloves which are bulk packed we provide the following:

Several headquarters rulings have held that bulk packed (usually 1 dz. Prs to a poly bag) industrial work gloves, which are given to employees, may be excepted from individual country of origin marking, note Section 134.32 of the Customs Regulations. This is provided the articles reach the "ultimate purchaser" normally an industrial plant, with the sealed container in this case the poly bag properly marked with the country of origin and that the Port Director is satisfied that the gloves will only be used in the manner described. See HRL's 733480, 734701, 734681 & 731415.

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


Previous Ruling Next Ruling