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June 8, 1999

CLA-2-62:RR:NC:TA:354 E82388

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.0800; 6216.00.4600

Ms. Dawn Gentile
KAT Import Brokers
1310 E. Grand Avenue
El Segundo, California 90245

RE: The tariff classification and country of origin marking of shooting gloves from Pakistan or China.

Dear Ms. Gentile:

In your letter dated May 6, 1999 you requested a tariff classification ruling on behalf of Hatch Gloves Inc. The provided samples will be returned as per your request.

Six samples of retail packed gloves were submitted for review. All styles are packed in a hanging clear plastic display envelope with an inner cardboard display. The consumer views the gloves which are surrounded and held in place by the front of the inner display card. Printed at the top of the display card is “RAVEN Paintball Gear” and indicated at the bottom is the style number and size. Printed on the back of the display card, and totally obscuring the glove, is a description of the glove, the UPC information, a guarantee, and printed one inch from the bottom center is “HATCH Ventura, CA USA” on two lines measuring approximately 1/2 inch high by 2 inches wide. Printed at the bottom right hand corner of the display card is “Made in China” measuring approximately 1/16 inch high by 7/8 inches wide.

Style NP880RT is a glove with a full palmside from fingertips to wrist constructed of a plastic coated finely knitted fabric. Palmside fingertip reinforcements made of textured coated fabric are located at the pinky and two middle fingers, another reinforcement is also centered along the outer palmside seam. The backside of the glove is made of neoprene sandwiched between a knitted fabric which is camouflage printed on the outside and a solid color on the innershell side. The glove features a vented one inch wide elasticized wristband which secures by means of a hook and loop fabric tab closure onto which is sewn an oval seal which depicts an embossed raven. NP460RT is a half fingered version of style NP880RT. The essential character of the gloves is imparted by the palmside coated knitted fabric.

With the exception of the solid black color fabrication of the glove backside, styles NP880B and NP460B are identical to styles NP880RT and NP460RT respectfully.

Style PTX98 is a glove with a full palmside from fingertips to wrist constructed of a not-knit synthetic fabric with a sewn-on plastic coated fabric palm patch and thumb patch. From the wrist up, the backside of the glove is made of a knitted man-made fabric which is reinforced with a vinyl knuckle protector which extends half way up the fingers. The backside wrist area is made of neoprene sandwiched between knitted fabric onto which is sewn a vinyl oval seal with “RAVEN” embossed across the center. The backside thumb is made of a mesh fabric which can be used to wipe sweat. The glove features knitted fabric fourchettes and sidewalls, a vented wrist and an oval seal which depicts an embossed raven is sewn on the palmside textile wrist tightener which is secured by means of hook and loop fabric. PTX78 is a half fingered version of style PTX98. The essential character of the gloves is imparted by the palmside not-knit synthetic fabric. The cumulation of features on all glove styles show a design for use in the sport of shooting.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose 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 C.C.P.A. 297 at 302.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

The appearance of “HATCH Ventura, CA USA” prominently visible on the backside display card is geographical references which triggers the requirements of 19 CFR 134.46.

Additionally, we note that the sewn-in labels are placed in such a way as to make the country of origin less than conspicuous.

Also, please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for the styles NP880RT, NP460RT, NP880B, and NP460B will be 6116.10.0800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for styles PTX98 and PTX78 will be 6216.00.4600, HTS, which provides for Gloves, mittens and mitts: other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 4.2 percent ad valorem.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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