THE COUNTRY OF ORIGIN MARKING OF Cut Parts and Gloves

NY A82292 May 9, 1996 MAR-2 RR:NC:WA:354 A82292 CATEGORY: MARKING Ms. Diane J. Stehl Wells Lamont 6640 West Touhy Avenue Niles, IL 60714-4587 RE: THE COUNTRY OF ORIGIN MARKING OF Cut Parts and Gloves Dear Ms. Stehl: This is in response to your letter dated April 4, 1996, requesting a ruling on whether the proposed marking "USA" is an acceptable marking for the content label attached to the finished gloves. A marked sample was not submitted with your letter for review. Your inquiry states that cut glove parts from Sri Lanka are imported into the United States on separate vessels on different dates. Knit wrist and thumb parts will be in one shipment and other shipments (separate vessel) will contain the balance of pieces (cut parts) of the gloves. The classification and textile category designation of cotton jersey knit glove parts was the subject of DD 889892 which was issued to your firm on September 30, 1993. Section 304(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1304(a)), requires that articles of foreign origin imported into the United States be marked in such a manner as to indicate to the ultimate purchaser in the United States the country of origin of the imported merchandise. Nevertheless, there is an exception to this requirement for articles used in manufacture and which result in the articles having a name, character, or use differing from that of the imported articles (U.S. v. Gibson- Thomsen Company, Inc., 27 C.C.P.A. 267, C.A.D. 98 (1940)). In such a case, the U.S. manufacturer who converts or combines the imported merchandise into the different article will be considered the ultimate purchaser and the article will be exempt from marking. See section 134.35, Customs Regulations (19 CFR 134.35). Here, the imported cut knit fabric glove parts are sewn to make finished gloves. As a result, the articles lose their former character and use. Thus the U.S. maker is the ultimate purchaser and the individual cut parts are exempt from marking. Nevertheless, the outermost containers of the imported articles remain subject to the marking requirements of 19 CFR 134.35. Regarding the question of the marking the finished article, USA, the Federal Trade Commission (FTC) has jurisdiction concerning the marking of such goods; consequently, any inquiries on that subject should be directed to the FTC. The address is: Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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, Roger J. Silvestri Director National Commodity Specialist Division