CLA-2-39:OT:RR:NC:N3:354
Mr. Robert R. Rosano
Cargo Tours International, Inc.
167-10 So. Conduit Ave. Suite 106
Jamaica, NY 11434
RE: The tariff classification and country of origin marking of gloves from Canada.
Dear Mr. Rosano:
In your letter dated August 21, 2012, you requested a tariff classification and country of origin marking ruling for your client, Fasst Products. The sample submitted will be returned, except for one glove which will be retained by this office.
Nitech Examination Gloves are seamless disposable PVC based gloves with a rolled cuff. The gloves are packaged in a 10 pack and the country of origin marking is located on the back of the package. You state that the gloves are for beauty, dental, emergency services, laboratory, pharmaceutical and veterinary use; however, the back of the box states that they have been evaluated for use in federally registered food plants, a non medical use.
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. In this case, the ultimate purchaser of the disposable gloves is the consumer who purchases the product at retail. 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 remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the disposable gloves by viewing the container in which it is packaged, the individual disposable gloves would be excepted from marking under this provision. Disposable gloves which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the disposable gloves are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported disposable gloves provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
The marking of the Nitech Examination Gloves, 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.
The applicable subheading for the Nitech Examination Gloves labeled for non medical use will be 3926.20.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves, mittens and mitts): Gloves, mittens and mitts: Seamless: Other: Disposable. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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