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NY N018087

October 17, 2007



Ms. Susan Friend
Yamato Transport
80 Seaview Drive
Secaucus, N.J. 07094


Dear Ms. Friend:

This is in response to your letter dated October 4, 2007, written on behalf of Superior Elite Services, requesting a ruling on whether the proposed method of marking the outer poly bag as well as the outer container with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for imported gloves. Marked samples were not submitted with your letter for review.

You state that Superior Elite Services imports industrial work gloves from China. The gloves are sold to industrial plants where they are given to employees free of charge. You state that the gloves are packaged in poly bags, each of which contains one dozen pair. The poly bags will be marked “MADE IN CHINA.” Further, the gloves will shipped in a carton containing several dozen poly bags which will also be marked “MADE IN CHINA.” You ask whether the individual pairs of gloves may be excepted from country of origin marking.

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.

Customs has previously ruled that an industrial plant which purchases gloves for use by its employees is considered the ultimate purchaser, and that the gloves may be excepted from individual country of origin marking pursuant to 19 U.S.C.

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 be imported in their properly marked poly bags, and the district director of Customs at the port of entry is satisfied that the gloves will be used only in the manner described above and that the ultimate purchaser, the industrial plant, will receive the gloves in their original unopened marked container, the individual gloves would be excepted from marking under this provision.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Deborah Marinucci at 646-733-3054.


Robert B. Swierupski

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