United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G83373 - NY G83416 > NY G83407

Previous Ruling Next Ruling
NY G83407

October 26, 2000

CLA-2-62:RR:NC:TA:354 G83407


TARIFF NO.: 6216.00.5820

Mr. Terrance J. Duratinsky
Wells Lamont
6640 W. Touhy Avenue
Niles, Illinois 60714

RE: The tariff classification of gloves from China.

Dear Mr. Duratinsky:

In your letter dated October 12, 2000, you requested a classification ruling.

Style Y770lL is a glove with a complete palmside and perforated fourchettes constructed of a synthetic leather material. The backside of the glove is made of a three-ply material consisting of an inner foam layer sandwiched between two plies of knitted nylon. Backside synthetic leather reinforcements cover two fingertips, the majority of the forefinger and the upper half of the thumb. Additionally, the glove features a vented 1-½ inch wide elasticized wristband which is secured by means of hook and loop fasteners. The essential character of the glove is imparted by the palmside synthetic leather material.

You inquired whether the glove could be marked with a sewn-in label and requested specific marking requirements. 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 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 or her will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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.

A sewn-in label near the hem or cuff of the glove placed in such a way as to make the country of origin conspicuous would comply with the requirements of 19 U.S.C. §1304.

Additionally, please note that pursuant to section 141.113, Customs Regulations (19 C.F.R. §141.113) and the Textile Fiber Products Identification Act (15 U.S.C. 70), textile and apparel articles are required to be marked or labeled with the fiber content, by percentage in descending order by weight, using generic terms.

The applicable subheading for the glove will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mitten and mitts: other: of man-made fibers: other: without fourchettes . . . other. The duty rate will be 21.2 cents per kilogram plus 10.6 percent ad valorem.

The glove falls within textile category designation 631. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: