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NY F86089




May 11, 2000

CLA-2-61:RR:NC:TA:354 F86089

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 6116.93.9400

Mr. C. R. Hammett
Wells Lamont
6640 West Touhy Avenue
Niles, Illinois 60714

RE: The tariff classification of gloves and a textile pouch from Taiwan

Dear Mr. Hammett:

In your letter dated April 24, 2000, you requested a classification ruling.

The submitted sample, ”Gloves with a Bag” consists of a glove and a pouch constructed of a polyester fleece fabric. The glove features fourchettes, an elasticized wrist, a three line stitch design at the knuckle area, and a flared cuff with a hemmed bottom. The 4 ½ inches by 5 inches pouch features a circular bottom and a drawstring closure with a barrel lock at the top.

You inquired about marking requirements of this item. 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).

Additionally, please note that pursuant to section 141.113, Customs Regulations (19 C.F.R. 141.113) and the Textile Fiber Products Identification Act (15 U.S.C. 70), textile and apparel articles are required to be marked or labeled with the fiber content, by percentage in descending order by weight, using generic terms.

The applicable subheading for the glove will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.1 percent ad valorem.

The applicable subheading for the pouch will be 4202.92.3031, HTS, which provides for Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers, traveling bags, toiletry bags . . .: Other: with outer surface of sheeting of plastic or of textile materials: Travel sports and similar bags: with outer surface of textile materials: other . . . other: of man-made fibers: other. The duty rate will be 18.6 percent ad valorem.

The style glove falls within textile category designation 631 and the pouch falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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