The tariff classification of diving gloves from Bulgaria and Marking requirements.

N245531 August 30, 2013 CLA-2:OT:RR:NC:N3:354 Ms. Marilyn D. Matthews Johnson Outdoors Diving LLC. 1166 Fesler St. El Cajon, CA 92020 RE: The tariff classification of diving gloves from Bulgaria and Marking requirements. Dear Ms. Matthews: In your letter dated August 22, 2013, you requested a ruling on the classification of diving gloves and as to whether the proposed adhesive label constitutes acceptable marking for the diving gloves. We need additional information in order to determine the classification of the gloves. Please submit the information described below: Please provide a sample of the item to be classified. Please provide the Style number of the item to be classified. Please provide the fiber and content in percentages and identify the generic fiber breakdown of the item. Provide marketing, advertising, promotional and sales environment for the sample in question. Include any catalogs and websites that describe how the items are designed to be used. If the item is sold in a catalog, please provide us with a copy of that catalog or catalog or catalog mock, in which the item will be sold. If nothing is available for the specific item, please provide a catalog showing similar items sold in prior seasons. Provide actual retail packaging, actual hangtags, and actual labels, any point of sale information that describes how the items are being marketed. You requested information on the marking and/or labeling requirements for your merchandise. 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. You state that an adhesive label stating the country of origin will be placed on the gloves. An adhesive label that is not well adhered to the glove, could easily become dislodged through normal handling, and the item would not be considered permanently marked with the country of origin. 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. Customs has previously ruled that cloth or vinyl work or 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 C.F.R. §134.46. HRL 731061, July 28, 1988, and T.D. 75-222 dated September 4, 1975. 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 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.  It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Dianne Wickware at (646) 733-3054. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division