MAR-2-05 CO:R:C:V 734067 GRV
Ms. Susan R. McCabe
Senior Entry Specialist
The Hipage Company, Inc.
227 E. Plume Street
Norfolk, Virginia 23510
RE: Country of origin marking of nylon gloves assembled abroad
from material of U.S. origin. Textile products; 19 CFR
12.130; T.D. 90-17; C.S.D. 90-19; C.S.D. 90-20; 19 CFR
12.130(c); 19 CFR 10.22; C.S.D. 89-37; 733713; T.D. 75-222;
731061; 709325; quota; C.S.D. 85-26; C.S.D. 89-38(24);
134.24(d)(2); 732793; C.S.D. 89-89
Dear Ms. McCabe:
This is in response to your letter of February 20, 1991, on
behalf of the John Plant Company, requesting a ruling on the
country of origin marking requirements applicable to imported
nylon gloves, assembled abroad from U.S. components and packaged
with gloves wholly made in Sri Lanka. Unmarked samples of the
merchandise as exported (unassembled) and imported (assembled)
were submitted for examination. Although you do not request a
ruling on the applicability of subheading 9802.00.80, Harmonized
Tariff Schedule of the United States (HTSUS), to the nylon
gloves, you inquire as to whether visa requirements are applic-
able to imported merchandise entitled to this tariff treatment.
FACTS:
100% nylon tricot fabric of U.S. origin will be cut in the
U.S. into glove "blanks," i.e., hand-shaped silhouettes. These
glove "blanks" and other U.S. components (polyester or nylon
thread, corrugated boxes, fiber identification and country of
origin tags and packaging material which may consist of poly
bags or cardboard inserts with rubber bands) will be exported to
Sri Lanka to be sewn into nylon gloves. In Sri Lanka, two glove
"blanks" will be sewn together and the glove will be turned
inside out to make an inseam glove. Following the sewing
operation, the completed gloves will be inspected, individually
labeled with an adhesive paper tag, and packaged by the dozen
pairs into corrugated cartons. You state that the packaging
tape, plastic strappings, and carton shipping labels will not be
of U.S. origin. The packaged gloves then will be imported into
the U.S. in partial shipments along with gloves made wholly in
Sri Lanka.
In a telephone conversation with a member of my staff on
July 2, 1991, you stated that the merchandise will be classified
under HTSUS subheading 6116.92.6030, which has a Textile Category
System (TCS) number of 331. Further, you stated that the gloves
are usually sold to industrial industries by the carton or in
packages of a dozen.
ISSUE:
How should the nylon gloves, assembled abroad from U.S.
materials, be marked to indicate their country of origin.
LAW AND ANALYSIS:
The marking statute, 304 of the 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 manner as to indicate to the ultimate
purchaser 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.
The primary purpose of the country of origin marking statute
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 will." United States v. Friedlaender & Co., 27
CCPA 297, 302, C.A.D. 104 (1940).
For textiles and textile products subject to 204 of the
Agricultural Act of 1956, as amended (7 U.S.C. 1854), the
principles for determining the country of origin are provided at
12.130, Customs Regulations (19 CFR 12.130). In T.D. 90-17, we
stated that these principles were applicable to such merchandise
for all Customs purposes, including marking and the assessment of
duties. See also, C.S.D.s 90-19 and 90-20. Where U.S. articles/
materials are sent abroad for assembly operations under the
provisions of HTSUS Chapter 98, Subchapter II, 12.130(c),
interpreting U.S. Note 2 of that Subchapter, provides, in part,
that:
[i]n order to have a single definition of the term "product
of" and, therefore, a single country of origin for a textile
or textile product, ..., merchandise which falls within the
purview of Chapter 98, Subchapter II, Note 2, [HTSUS], may
not, upon its return to the U.S., be considered a product of
the U.S.
However, certain foreign assembled articles, entitled to
the duty exemption provided under HTSUS subheading 9802.00.80,
can be marked in accordance with the provisions of 10.22,
Customs Regulations (19 CFR 10.22). This regulation provides
that if foreign-assembled articles are made entirely of American-
made materials, then the U.S. origin of the material may be
disclosed by using a legend such as "Assembled in from
material of U.S. origin," or a similar phrase. See, C.S.D. 89-37
and Headquarters Ruling Letter (HRL) 733713 dated November 14,
1990. In T.D. 75-222, 9 Cust.Bull. 483, we stated that imported
gloves must be legibly and conspicuously marked to indicate the
country of origin by means of an ink stamp, or a label
permanently sewn or glued near the hem or cuff of the glove in
reasonable proximity to the size marking, and that easily
removable adhesive labels were not acceptable. See, HRL 731061
dated July 28, 1988, and HRL 709325 dated July 31, 1978.
Applying the above considerations to the textile products
here, the foreign-assembled nylon gloves will be products of Sri
Lanka when imported into the U.S.; subject to all applicable visa
and quota requirements pertaining to HTSUS subheading
6116.92.6030. See, C.S.D.s 85-26 and 89-38(24). Accordingly,
these foreign assembled cotton work gloves must be marked to
indicate their country of origin by means of a label permanently
sewn or glued near the hem or cuff of the glove in reasonable
proximity to the size marking.
However, an exception to this individual marking requirement
might be applicable if the imported gloves meet the conditions
specified at 134.32(d), Customs Regulations (19 CFR 134.32(d)).
This regulation provides that articles for which the marking of
the containers will reasonably indicate the origin of the
articles may be excepted from marking requirements. The
necessary predicate for this marking exception to be applicable
is that Customs must be satisfied that the articles will reach
the ultimate purchaser in the original, properly marked container
in which the article was imported. In HRL 732793 dated December
29, 1989 (copy enclosed), Customs determined that string knit
gloves for industrial use, sold to meat cutters, vegetable
growers and packers and rice processors--the ultimate purchasers-
-in cartons properly marked to indicate their country of origin
to be distributed free of charge to their employees, were
excepted from individual marking under this provision. See also,
C.S.D. 89-89.
Because you have not provided sufficient information
regarding the circumstances of the glove importations, we cannot
determine if 134.32(d) or any other marking exception available
under 134.32 is applicable to your merchandise. However, if
after reviewing HRL 732793 you believe the nylon gloves qualify
for an individual marking exception, please furnish us with the
pertinent information and we will issue a ruling at that time.
Regardless of whether imported merchandise is individually
marked or not, if it is sold to ultimate purchasers in disposable
containers which are not normally opened prior to purchase, then
the containers also must be marked to indicate the country of
origin of its contents. 19 CFR 134.24(d)(2).
HOLDING:
Based on the information presented and given the fact that
the merchandise samples submitted were unmarked, we cannot give
you the country of origin marking ruling you request concerning
the nylon gloves, except to state that the gloves must be marked
to indicate their country of origin, which in this case is Sri
Lanka. However, based on the information provided and assuming
the transaction is entitled to the duty exemption available under
HTSUS subheading 9802.00.80, a country of origin marking on the
nylon gloves that states that the gloves were "Assembled in Sri
Lanka from material of U.S. origin" may be used, provided the
label is sufficiently conspicuous and permanent in accordance
with T.D. 75-222. Accordingly, you are advised to check with the
Customs officials at the Norfolk port to ensure that the manner
of label you decide to employ meets the marking requirements of
19 U.S.C. 1304 and 19 CFR Part 134.
Sincerely,
John Durant, Director
Commercial Rulings Division