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NY A81180

April 9, 1996

MAR-2 RR:NC:WA:354 A81180


Mr. Steve Hong
Koryeo International Corp.
200 Stewart Avenue
Brooklyn, NY 11237


Dear Mr. Hong:

This is in response to your letter dated March 8, 1996, requesting a ruling on whether the proposed method of marking the container (a heat sealed poly bag) in which the gloves are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported gloves. A marked sample poly bag with 10 pairs of gloves was submitted with your letter for review.

The submitted sample work gloves are ambidextrous string knit with a red latex rubber coating on the palm, fingers and thumb of one side. A rectangular paper label, securely affixed to the poly bag, reads as follows:

You indicate that the gloves will be sold to industrial companies who will give them to their employees. In this regard you request a waiver for marking each glove.

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 gloves as indicated by you is the industrial company who purchases the product from you.

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 gloves by viewing the container in which it is packaged, the individual gloves would be excepted from marking under this provision.

Work 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 work 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 work 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 the work glove will be 6116.10.5510, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves . . .knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: containing 50% or more by weight of cotton, man-made fibers or any other textile fibers, or any combination thereof, subject to cotton restraints. The duty rate will be 13.8 percent as valorem.

The gloves fall within textile category designation 331. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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