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NY I83089

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June 21, 2002

MAR-2 RR:NC:TAB:354 I83089

CATEGORY: MARKING

Mr. Jim Brown
Southern Glove, Inc.
P.O. Box 579
Conover, NC 28613-0579

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED WORK GLOVES

Dear Mr. Brown:

This is in response to your letter dated June 11, 2002, requesting a ruling on proposed marking for imported canvas work gloves. A representative sample was submitted with your letter for review.

Your submission indicates that you wish to mark Honduran assembled work gloves with a label affixed to a brown paper band. The paper measures 24 X 2 inches and is banded with glue at the ends around one dozen pair of work gloves. The label reads as follows:

The individual gloves are not marked with 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 to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

In our opinion the use of a paper tag on the band does not meet the permanency requirement for marking the gloves

Part 134, Customs Regulations (19 CFR Part 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 C.F.R. §134.32(d)). That section provides that articles for which the marking of their containers (in some cases 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 C.F.R. §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 that 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 C.F.R. §134.32(d). See, C.S.D. 89-89 (March 18, 1989); HQ 732973 (December 20, 1989.)

We note that imported work gloves for industrial use may be excepted from individual country of origin marking pursuant to 19 U.S.C. §1304(a)(3)(D) and 19 C.F.R. §134.32(d), provided they are imported in properly marked and sealed 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.

In your case, you wish to mark each dozen pair of gloves with paper tag on a paper band. Before granting an exception from marking, the director of Customs at the port of entry must be satisfied that the ultimate purchaser will receive the gloves in their original unopened marked container and that the gloves will be used only as indicated. The marking on the paper band is insufficient to fulfill the country of origin marking requirements of 19 U.S.C. 1304(a)(3)(D); 19 CFR 134.32(d).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 646 733-3054

Sincerely,

Robert B. Swierupski
Director,

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