COUNTRY OF ORIGIN MARKING OF IMPORTED 3-PACK RETAIL LEATHER WELDING GLOVES.

N242555 June 14, 2013 MAR-2 OT:RR:NC:N3:354 CATEGORY: MARKING Ms. Hollie Blakeley Boss Manufacturing Company 1221 Page Street Kewanee, IL 61443 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED 3-PACK RETAIL LEATHER WELDING GLOVES. Dear Ms. Blakeley: This is in response to your letter dated May 29, 2013, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for a 3-pack of leather welding gloves imported for retail sale. A marked sample was submitted with your letter for review. You also want us to rule on various shrink wrap multi-pack gloves; however we can only rule on the sample that was submitted. The sample submitted consists of a 3-Pack of leather welding gloves. The gloves feature a bonding of Kevlar on the inside cuff and a brushed fabric inner lining. The six gloves are shrink wrapped together. Inside the shrink wrap is a cardboard insert which states “Made in China” above the size. It is attached via a swift tack to the first glove. The other gloves are connected to each other by swift tacks. You ask if there is an exception to the individual 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 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. Customs ruled in T.D. 75-222, dated September 4, 1975, that imported gloves must be marked with their country of origin by means of an ink stamp or label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. The T.D. also stated that cloth or vinyl work or garden gloves may be marked to indicate the country of origin by means of a heavy paper folder used to securely fasten together the pair of gloves, which shows the country of origin in a legible and conspicuous manner. The T.D. advised that easily removable adhesive labels are not acceptable. Since, these gloves are not cloth or vinyl work or garden gloves, they are subject to the special marking requirement on gloves and must be marked with their country of origin by means of an ink stamp or label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. An exception to this requirement cannot be granted in this situation. This retail 3-pack of leather welding gloves does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You also ask if shrink wrapping is acceptable packaging for multi-packs of gloves. Although this is not a normal package for gloves, you can use it as long as the cardboard insert with the country of origin marking is attached securely to the glove and the gloves themselves are individually marked with the country of origin as stated in T.D. 75-222. 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 Lisa Anschlowar at (646) 733-3054. Sincerely, Thomas J. Russo Director National Commodity Specialist Division