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NY I84255




August 23, 2002

CLA-2-61:A:RR:NC:TA:354 I84255

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.92.6420

Mr. Jim Reynolds
John A. Steer Co.
28 S. Second Street
Philadelphia, PA 19106

RE: The tariff classification and county of origin marking of gloves from Pakistan.

Dear Mr. Reynolds:

In your letter dated July 22, 2002, you requested a ruling covering the tariff classification and proposed marking for imported work gloves on behalf of Unitech Services Group, Inc. A representative sample was submitted with your letter for review.

The submitted sample, style 015B-DSP, is a 100% cotton knitted fabric glove that is seamed up the sides and hemmed at the wrist. You have stated that the gloves will be sold to customers in the nuclear industry to be worn under rubber gloves. The gloves will be disposed of after one use.

Your submission indicates that you wish to mark the work gloves with a paper label measuring approximately 5 x 3-1/2 inches inserted in a sealed clear poly bag which will contain 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.

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 a paper label inserted in a poly bag. 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 applicable subheading for the gloves 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 23.8 percent ad valorem.

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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