CLA-2-61:RR:NC:TA:354 D82811
Mr. Rashid Khan
Prime Fibers International
2667 East 6th Street
Brooklyn, New York 11235
RE: The tariff classification of gloves from Pakistan.
Dear Mr. Khan:
In your letter dated September 21, 1998, you requested a
classification. The provided sample will be returned as per your
request.
Style BJ.222 is a knitted cotton clute cut work glove with a
ribbed knit fabric cuff.
The applicable subheading for style BJ.222 will be
6116.92.6420, Harmonized Tariff Schedule of the United States
(HTS), which provides for Gloves, mittens and mitts, knitted or
crocheted: other: of cotton: other: made from a pre-existing
machine knit fabric: without fourchettes . . . jersey type, brushed
or napped fabric. The duty rate will be 24.4 percent ad valorem.
The glove falls within textile category designation 331.
Based upon international textile trade agreements products of
Pakistan are subject to quota and the requirement of a visa. The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To
obtain the most current information available, we suggest that you
check, close to the time of shipment, the Status Report on Current
Import Quotas (Restraint Levels), an internal issuance of the U.S.
Customs Service, which is available for inspection at your local
Customs office.
The provided glove sample is stapled between a folded hang tag
constructed of heavy paper or very light cardboard. The hang tag
has a front and back with a cut out which enables the gloves to be
displayed on a retail rack. On the front side the following
information is provide: style number, price, material used, and
glove description. On the back side is UPC information and the
country of origin.
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 the ultimate purchaser
in the U.S. the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was that
the ultimate purchaser should be able to know by an inspection of
the marking on the imported goods the country of which the goods is
the product. The evident purpose is to mark the goods so that at
the time of purchase the ultimate purchaser may, by knowing where
the goods were produced, be able to buy or refuse to buy them, if
such marking should influence his or her will. United States v.
Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).
Customs has previously ruled that work and garden gloves may
be marked with the country of origin by means of folded cardboard
or heavy paper hang tags which are securely stapled to the cuffs,
as long as the country of origin is shown in a legible and
conspicuous manner, and in compliance with 19 CFR 134.46. HRL
731061 dated July 28, 1988, and T.D. 75-222 dated September 4,
1975.
The front of the tag is what attracts the ultimate purchasers
attention. If there is no other country of origin marking on the
glove, the country of origin must be marked on the front of the
securely affixed hang tag to be considered conspicuous.
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 Brian Burtnik at 212-466-5880.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division