MAR-2-05 CO:R:C:V 732793 NL
Samuel Huang
Glorious Corporation
11901 Goldring Road
Arcadia, California 91006
RE: Country of Origin Marking of Gloves
Dear Mr. Huang:
This is in response to your letter of October 5, 1989, in
which you request a ruling regarding the country of origin
marking requirements applicable to string knit gloves for
industrial use.
FACTS:
Glorious Corporation imports gloves from Taiwan. The gloves
are packed in polybags, each of which contains one dozen pairs.
Each polybag is sealed by means of tying. The polybags are in
turn packed in cartons in which the gloves are imported. Each
polybag containing one dozen pairs of gloves also contains a
cardboard paper insert stating: "TO BE SOLD BY DOZEN ONLY....MADE
IN TAIWAN R.O.C." The gloves themselves have no country of
origin marking.
You state that Glorious Corporation sells the imported
gloves to industrial supply distributors, which in turn sell them
to concerns such as meat cutters, vegetable growers and packers,
and rice processors. You state that these gloves are not sold to
any other entities. You state that the distributors do not
unseal the polybags, and that their customers only do so when
they are ready to distribute the gloves to their employees, which
they do without charge. The gloves are for industrial use only,
and generally are used only once, then disposed of. You state
that the purchasers generally buy the gloves in orders of ten to
twenty-five cartons, each carton containing forty dozen pairs of
gloves.
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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 to 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 Part 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. 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. The necessary predicate to the
application of this exception is that Customs must be satisfied
that the article will reach the ultimate purchaser in the
original, properly marked container in which the article was
imported.
As you know, 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); letter ruling 703319 (May 14, 1974); HQ 729800
(October 10, 1989). It is our opinion that the circumstances you
describe are substantially the same, and that the gloves you
import may be excepted from individual country of origin marking.
Before granting an exception from individual marking, the
district director of Customs at the port of entry must be
satisfied that the ultimate purchaser will receive the gloves in
their original unopened marked polybag containers and that the
gloves will be used only as indicated.
HOLDING:
Industrial gloves imported in polybags which are marked to
indicate the country of origin of their content by means of a
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cardboard insert, and which are not opened until they are sold
to employers which provide them free of charge to employees 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).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch