Country of origin marking of imported industrial work gloves.

N210875 April 25, 2012 MAR-2 OT:RR:NC:N3:354 CATEGORY: MARKING Ms. Kathy VonLintel Expeditors International of Washington, Inc. 3251 Lewiston Suite 20 Aurora, CO 80011 RE: Country of origin marking of imported industrial work gloves. Dear Ms. VonLintel: This is in response to your letter dated March 22, 2012, written on behalf of Hestra Gloves, requesting a ruling on whether the proposed method of marking the outer poly bag with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for imported gloves. You state that Hestra Gloves imports industrial work gloves from China, packaged in plastic packs, each of which contains approximately four to twelve pairs of gloves. A sample of the plastic pack, marked with a small, adhesive “Made in China” label measuring approximately ¾” by ?” was submitted. You state the gloves will be sold to industrial plants, where they are given to employees, and also to retail stores. For the gloves sold to retail stores, the importer intends to remove the gloves from the plastic packs and attach each pair to a header card that is marked with the country of origin. A sample of the header card, showing a small “Made in China” printed in the lower right corner of the back side, was submitted. 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. Based on the sample of the plastic pack submitted, the “Made in China” label is not well adhered to the pack, could easily become dislodged through normal handling, and the item would not be considered permanently marked with the country of origin. The gloves that will be sold to retail stores do not meet any exception to the marking regulations and must be marked with the country of origin at the time of importation. Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, 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, 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.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. It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements. 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 Robert Ivers at 646-733-3054. Sincerely, Thomas J. Russo Director, National Commodity Specialist Division