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NY G86790




February 13, 2001

CLA-2-61:RR:NC:TA:354 G86790

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.9400

Ms. Nancy Bosseckert
Freight Brokers International Inc.
1200 Brunswick Avenue
P.O. Box 960219
Inwood, New York 11096-0219

RE: The tariff classification of gloves from China, Taiwan, India or Thailand.

Dear Ms. Bosseckert:

In your letter dated January 31, 2001, you requested a classification ruling on behalf of Foxgloves, LLC. The provided sample will be returned as per your request.

The submitted sample, Style W0002, is a gardening glove constructed of a 88% nylon 12% spandex knitted fabric with fourchettes and a hemmed bottom. The sample glove is sewn between a folded hangtag constructed of a heavy paper or very light cardboard. The hangtag has a front and back with a cut out which enables the gloves to be displayed on a retail rack. The glove will also be available in different colors as styles W0001, W0003, W0004, and W0006.

You also inquired about the marking requirements for the glove sample, as well as their outer cartons. 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).

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Customs ruled in HRL 561688 dated May 23, 2000 that in situations in which gloves are marked with their country of origin on a secured cardboard label or hangtag folded over the cuffs, such as the sample submitted, the marking may appear on either the front or back of the paper label, provided the marking is conspicuous. Alternately, a sewn-in label near the hem or cuff of the glove placed in such a way as to make the country of origin conspicuous would also comply with the requirements of 19 U.S.C. §1304.

In compliance with 19 C.F.R. §134.24(d)(2), sealed disposable containers of imported merchandise, which are sold without normally being opened by ultimate purchaser, shall be marked to indicate the country of origin of their contents.

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 1) the fiber content, by percentage in descending order by weight, using generic terms, 2) the name of the country of origin of the goods, and 3) the name of the importer or distributor or his RN number.

The applicable subheading for all glove styles 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 percent ad valorem.

All glove styles fall within textile category designation 631. Based upon international textile trade agreements products of China, Taiwan, India and Thailand 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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