THE COUNTRY OF ORIGIN MARKING OF GLOVES

N266194 July 20, 2015 MAR-2 OT:RR:NC:N3:354 CATEGORY: MARKING Ms. Hollie Blakeley Boss Manufacturing Company 1221 Page Street Kewanee, IL 61443 RE: THE COUNTRY OF ORIGIN MARKING OF GLOVES Dear Ms. Blakely: This is in response to your letter dated June 25, 2015, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported gloves. Three samples of coated string knit work gloves were submitted for review. All three gloves have a sewn-in label at the cuff edge stating “Made in China” with the size either above it or below it. You submitted two sets of cardboard tags to be reviewed with that sewn-in tag. The first set of cardboards has the country of origin in the front of the hangtag near the size and on the back of the hangtag in close proximity to the US manufacturer’s name and address. The second set of cardboards has the country of origin only in the back of the tag in close proximity to the US manufacturer’s address. The cardboard tags are attached by plastic staples on the opposite side of where the sewn-in tag is located. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Section 134.46, Customs Regulations (19 CFR 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 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.The proposed marking of the imported gloves with the sewn-in label at the cuff edge and either cardboard tag, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. You ask additional general questions, but we can only rule on these items submitted. Marking is determined on a case-by-case basis depending on various circumstances. You may contact me if you have additional questions. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). The gloves and cardboard inserts will be returned under separate cover. 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 K. Lenore Ort at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division