CLA-2-61:S:N5:354 802704
Mr. Lee Richan
Do-All Cool Gloves
4651 Woodstock Road #203-111
Roswell, GA 30075
RE: The tariff classification of knit gloves from Japan.
Dear Mr. Richan:
In your letter dated September 22, 1994, you requested a
classification ruling. As requested, the sample will be returned
to you.
Your submitted sample, "Monkey Mitts", are 27% cotton, 65%
polyester and 7% acrylic knit gloves. The gloves are string knit
(seamless) and sold in packages of 5 pairs each.
The applicable subheading for the "Monkey Mitts", will be
6116.93.8800, Harmonized Tariff Schedule of the United States
(HTS), which provides for gloves, mittens and mitts, knitted or
crocheted: other: of synthetic fibers: other: other: without
fourchettes. The duty rate will be 19.8 percent ad valorem.
The gloves, fall within textile category designation 631.
Based upon international textile trade agreements, products of
Japan are subject to visa requirements.
The first glove in the package has a sticker marked with the
country of origin that is visible through the package. You state
that these gloves have been used by automobile shops or
factories. Customs has ruled that if a plant purchases gloves
for use of its employees on the premises and is considered the
ultimate purchaser the gloves may be excepted from individual
marking under section 304(a)(3)(D) of the Tariff Act of 1930, as
amended (19U.S.C. 1304), and section 134.32(d), Customs
Regulations (19CFR134.32(d).
Before granting an exception from individual marking, the
district director of Customs at the port of entry must be satisfied
that the ultimate purchaser will receive the gloves in their
original unopened marked containers and that the gloves will be
used only as indicated above. If the importer is the ultimate
purchaser, a statement of intended use by the importer would be all
that is required. However, if the importer is not the ultimate
purchaser, additional evidence, such as the name of the ultimate
purchaser and a statement of intended use, by the ultimate
purchaser, would usually be required.
The designated textile and apparel category may be subdivided
into parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an internal issuance of the U.S. Customs Service, which is
available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport