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NY K82575




February 5, 2004

MAR-2 RR:NC:TA:354 K82575

CATEGORY: MARKING

Ms. Mary E. Keller
Exel Global Logistics Inc.
2151 Southpark Drive, Suite 1
Hebron, KY 41048

RE: County of Origin Marking of gloves imported from Malaysia or China.

Dear Ms. Keller:

This is in response to your letter dated January 5, 2004 filed on behalf of West Chester Holdings, Inc., requesting a ruling concerning whether the proposed method of marking the container in which disposable gloves is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking. A marked sample container was submitted with your letter for review.

Six samples of seamless disposable gloves were submitted for review. Style 00047 is vinyl glove with a rolled cuff. Styles 00042, 00082, and 00087 are latex versions of style 00047. Styles 00076 and 00079 are nitrile blue colored versions of style 00047. All styles will be imported in plastic dispenser canisters containing 24 to 40 gloves depending on style number. The gloves are advertised on the canister labels as “Gloves on the Go” and “Convenience in a Can”. Also printed on the canister label is “Made in Malaysia”.

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. Section 134.41(b), Customs Regulations (19 CFR 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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the disposable gloves is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the disposable gloves by viewing the container in which it is packaged, the individual disposable gloves would be excepted from marking under this provision.

Disposable gloves which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the disposable gloves are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported disposable gloves provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

The applicable subheading for Style 00047 will be 3926.20.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves, mittens and mitts): Gloves, mittens and mitts: Seamless . . . Other: Disposable. The rate of duty will be Free.

The applicable subheading for Styles 00042, 00082, 00087, 00076 and 00079 will be 4015.19.1010, HTS, which provides for Articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber: Gloves, mittens and mitts: Other: Other: Seamless . . . Disposable. The rate of duty will be 3 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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