CLA-2-62:RR:NC:TA:354
Mr. John Engelmann
Performance Fabrics Inc.
560 Fifth Street NW
Suite 402
Grand Rapids, MI 49504
RE: The tariff classification of gloves from Pakistan.
Dear Mr. Engelmann:
In your letter dated October 16, 2009, you requested a classification ruling. Your sample will be retained by our office.
You have submitted a sample of a glove, Style 8100. You state that the gloves will be marketed and sold as a personal protection item, offering shielding from both high heat and lacerations. Style 8100 is a full-fingered, clute cut glove constructed of a 100% woven cotton fabric. The palmside of the glove, as well as the backside thumb and forefinger, features a three ply construction which consists of an outer layer of brushed woven cotton, a center layer made of jute woven fabric and an inner layer made of cotton canvas fabric. The remaining backside of the glove is made up of a cotton canvas fabric. The glove features a liner made up of a knit cotton fabric coated with plastic dots, a separately sewn on cotton canvas gauntlet cuff measuring approximately 4-½ inches and an added canvas logo strip with the “HEXARMOR” trademark name across the backside knuckle area.
You ask about the proper marking of the gloves for both country of origin and fiber content.
Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the U.S. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser is able to find the marking easily and read it without strain. Customs has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Thus, in cases where the name of a location in the U.S. or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appears on an imported article or its container, section 134.46, Customs Regulations (19 CFR 134.46), provides that there shall appear, legibly and permanently, in close proximity to such words, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. By contrast, 19 CFR 134.47 is less stringent, providing that when as part of a trade name, trademark or souvenir mark, the name of a location other than the country of origin appears, the name of the actual country of origin must appear in close proximity or "in some other conspicuous location". In other words, the latter provision triggers only a general standard of conspicuousness. In either case, the name of the country of origin must be preceded by "Made in", "Product of", or other similar words.
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. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of such article will reasonably indicate the origin of such article. This exception is applicable if Customs is satisfied that the marked container in which the article is imported will reach the ultimate purchaser in all reasonably foreseeable circumstances. Section 134.1(d), Customs Regulations, (19 CFR 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. Customs ruled in T.D. 75-222, dated September 4, 1975, that imported gloves must be marked with their country of origin by means of an ink stamp or label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. If the marking is located at the wrist on sewn-in labels, easily visible to the ultimate purchaser, and is conspicuously, legibly and permanently marked in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 it would be an acceptable country of origin marking for the imported gloves.
Customs has previously ruled that work and garden gloves may be marked with the country of origin by means of folded cardboard or heavy paper hang tags which are securely stapled to the cuffs, as long as the country of origin is shown in a legible and conspicuous manner, and in compliance with 19 C.F.R. §134.46. HRL 731061 dated July 28, 1988, and T.D. 75-222 dated September 4, 1975.
The front of the tag is what attracts the ultimate purchaser’s attention. If there is no other country of origin marking on the glove, the country of origin must be marked on the front of the securely affixed hang tag in reasonable proximity to the glove size, to be considered conspicuous. In cases where the company's U.S. address remains on the back of the hang tag, the country of origin must also be marked on this side in compliance with 19 C.F.R. §134.46. With regard to the gloves which are bulk packed we provide the following: Several headquarters rulings have held that bulk packed (usually 1 dz. Prs to a poly bag) industrial work gloves, which are given to employees, may be excepted from individual country of origin marking, note Section 134.32 of the Customs Regulations. This is provided the articles reach the "ultimate purchaser" normally an industrial plant, with the sealed container in this case the poly bag properly marked with the country of origin and that the Port Director is satisfied that the gloves will only be used in the manner described. See HRL's 733480, 734701, 734681 & 731415.
As it appears that you might be interested in more general information, you might find it helpful to refer to the Informed Compliance Publication titled "Marking Requirements for Wearing Apparel", available on the "Legal" page of our website at www.cbp.gov. Additionally, you may find useful information in the publication "Importing Into the United States," available via the Trade Publications link on the Trade page of our website at www.cbp.gov.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur").
The applicable subheading for Style 8100 will be 6216.00.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for which provides for Gloves, mittens and mitts: Other: Of cotton: Other: Without fourchettes. The duty rate will be 23.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Robert Ivers at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division