The tariff classification and marking requirements of gloves from France.

N064683 July 10, 2009 CLA-2-42:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 4203.29.3010 Mr. Kimble Knight Icon Imports, Inc. 100 Maiden Lane Suite 1801 New York, NY 10038 RE: The tariff classification and marking requirements of gloves from France. Dear Mr. Knight: In your letter dated June 5, 2009, you requested a tariff classification ruling and marking requirements. The provided sample will be returned as per your request. The sample submitted is a pair of men’s unlined lambskin leather gloves. You do not state the style number of the gloves. The gloves feature fourchettes and a hemmed bottom. The backside fingers are perforated with holes. Additional features include a snap closure located on the backside wrist and open knuckles. You state that Icon Imports, Inc. asks for clarification in terms of how cartons or other means of packaging should be marked or labeled when they enclose the gloves. Moreover, Icon Imports, Inc. would like to know how the gloves themselves should be marked or labeled when they are enclosed in cartons or other packaging for retail sale to the ultimate purchaser in the United States. Specifically, Icon Imports, Inc. would like to know if “Made in France” must be printed and sewn on a label, on the inside of one or both gloves in a pair. 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 to the ultimate purchaser in the U.S. the English name of the country of origin of the article. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of such article will reasonably indicate the origin of such article. This exception is applicable if Customs is satisfied that the marked container in which the article is imported will reach the ultimate purchaser in all reasonably foreseeable circumstances. Section 134.1(d), Customs Regulations, (19 CFR 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. Customs ruled in T.D. 75-222, dated September 4, 1975, that imported gloves must be marked with their country of origin by means of an ink stamp or label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. From your letter, it is not clear whether the gloves will be sold to distributors who will then resell the gloves to the general public. If the gloves will be sold individually to the general public, then each pair must be marked with the country of origin. If the gloves will be sold in enclosed cartons or boxes, then 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 their gloves in their unopened marked container. If the marking is located at the wrist on sewn-in labels, easily visible to the ultimate purchaser, and is conspicuously, legibly and permanently marked in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 it would be an acceptable country of origin marking for the imported leather gloves. As it appears that you might be interested in more general information, you might find it helpful to refer to the Informed Compliance Publication titled “Marking Requirements for Wearing Apparel”, available on the “Legal” page of our website at www.cbp.gov. Additionally, you may find useful information in the publication “Importing Into the United States,” available via the Trade Publications link on the Trade page of our website at www.cbp.gov. The applicable subheading for the gloves will be 4203.29.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Articles of apparel and clothing accessories, of leather or of composition leather: gloves, mittens and mitts: other: other: other: men’s . . . not lined. The duty rate will be 14 percent ad valorem. 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, Robert B. Swierupski Director, National Commodity Specialist Division