HQ 0733059 - Variant spelling of Yugoslavia for country of origin marking purposes - United States International Trade Commision Rulings

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HQ 733059

February 5, 1990

MAR 2-05 CO:R:C:V 733059 pmh

CATEGORY: MARKING

Mr. Al Dwek
Ishkabibbles, Inc.
49 Morton Place
Jersey City, N.J. 07305

RE: Variant spelling of Yugoslavia for country of origin marking purposes

Dear Mr. Dwek:

This is in response to your letter of January 12, 1990, requesting a ruling on whether the spelling "Jugoslavia" for the country name of Yugoslavia is acceptable for country of origin marking purposes.

FACTS:

The importer proposes to import goods that have already been marked "Made in Jugoslavia" to indicate that the country of origin of the goods is Yugoslavia. In a telephone call with a member of my staff you stated that this marking was inadvertent and is, in fact, the native spelling of Yugoslavia.

ISSUE:

Whether the variant spelling "Jugoslavia" for the country name Yugoslavia is in accordance with 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.45(b), Customs Regulations (19 CFR 134.45 (b)), permits variant spellings of the name of the country
of origin for marking purposes if the variant spellings "clearly indicate the English name of the country of origin."

It is our opinion that the spelling "Jugoslavia" does not clearly indicate the English name of the country of origin and is therefore unacceptable for marking purposes. We note that the first initial "J" is particularly confusing and makes the native spelling of the word too unrecognizable from the English spelling.

However, there is a marking exception found in 19 U.S.C. 1304 (a)(3)(K) and in section 134.32(o), Customs Regulations (19 CFR 134.32(o)), for articles which cannot be marked after importation except at an expense which is economically prohibitive, and the failure to mark the article before importation was not due to any purpose of the importer, producer, seller, or shipper to avoid compliance with the marking requirements.

We are of the opinion that the circumstances of your case may warrant this exception. We suggest you contact the Customs office at the port of entry and, if applicable, submit to them written certification that the shipment in question was inadvertently marked with the native spelling and that it would be economically prohibitive for you to remark that shipment at this time. Be further advised that any additional shipments from Yugoslavia must be marked with the English spelling of the word: "Yugoslavia."

HOLDING:

The native spelling "Jugoslavia" does not clearly indicate the English spelling of the name of the country known as Yugoslavia. Inasmuch as this spelling does not comply with 19 U.S.C. 1304 and 19 CFR 134.45(b), except as noted above, it may not be used for country of origin marking.

Sincerely,

Marvin M. Amernick

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