MAR-2-05 CO:R:V:C 734701 AT
Sondra Wain, President
Wain Glove Corporation
One Claridge Drive, PH4
Verona, New Jersey 07044
RE: Country of origin marking requirements for imported
industrial work gloves; 19 U.S.C.1304 (a)(3)(D); 19 CFR
134.32(d); 19 CFR 134.1(d); C.S.D. 89-89.
Dear Ms. Wain:
This is in response to your letter dated June 10, 1992, in
which you seek a ruling on the country of origin marking
requirements for imported industrial working gloves. Samples of
the gloves were submitted for examination. We regret the delay
in responding.
FACTS:
You state that Wain Glove Corporation imports industrial
work gloves from various foreign countries. You also state that
in most cases the gloves are individually marked with the country
of origin. However, there are times when marking is not
practical (for example, when gloves are already produced and Wain
Glove Corporation purchases stock lots).
The gloves are sold to industrial plants where they are
given to the employees free of charge. You state that the gloves
are packaged in poly bags, each of which contains one dozen pair,
which are properly marked with the country of origin. No sample
of the poly bags with the marking was submitted for review.
Further, the gloves will be shipped in a carton containing
several dozen poly bags which is also properly marked with the
country of origin.
ISSUE:
May individual pairs of gloves packed and sold by the dozen
be excepted from country of origin marking?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that, unless excepted, every article of foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or 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 134) implements the country of origin marking
requirements and exceptions of 19 U.S.C. 1304.
Among the exceptions from country of origin marking is 19
U.S.C. 1304(a)(3)(D), also provided for in section 134.32(d),
Customs Regulations (19 CFR 134.32(d)). That section provides
that articles for which the marking of their containers will
reasonably indicate the country of origin of the articles may be
excepted from country of origin marking. However, for the
exception to apply Customs must be satisfied that the articles
will reach the "ultimate purchaser" in the original, properly
marked containers in which the articles were imported. Section
134.1(d), Customs Regulations (19 CFR 134.1(d)), defines the
"ultimate purchaser" as generally the last person in the United
States who will receive the article in the form in which it was
imported.
Customs has previously ruled that a plant or concern 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.
1304(a)(3)(D) and 19 CFR 134.32(d). See, C.S.D. 89-89 (March 18,
1989); HQ 732973 (December 20, 1989). It is our opinion that the
circumstances you describe are substantially the same, and
accordingly that the industrial plant is the ultimate purchaser
of the gloves. They may be excepted from individual country of
origin marking as set forth below.
HOLDING:
Imported industrial gloves may be excepted from individual
country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and
19 CFR 134.32(d), provided they are imported in their properly
marked poly bags (a fact we cannot determine since a marked
sample poly bag was not submitted for review), 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.
Sincerely,
John Durant, Director