HQ 0732890 - Country of origin marking for goods of Burma. - United States International Trade Commision Rulings

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HQ 732890

December 12, 1989

MAR-2-05 CO:R:C:V 732890 NL

CATEGORY: MARKING

Gloria Arellanes
Manager, Import Administration
Levi Strauss & Co.
Levi's Plaza, P.O Box 7215
San Francisco, CA 94120

RE: Country of origin marking for goods of Burma.

Dear Ms. Arellanes:

This is in response to your letter of November 7, 1989, in which you seek advice as to the proper country of origin marking of goods from Burma when imported into the U.S.

FACTS:

On June 18, 1989, the government of the Union of Burma changed the name of the country to "Union of Myanmar". It is your understanding that the government of Burma/Myanmar is authorizing only the words "Made in Myanmar" for the country of origin marking of goods from that country, and is no longer permitting the use of the words "Made in Burma". Your company will shortly begin importing articles manufactured in Burma/Myanmar.

ISSUE:

Is "Made in Myanmar" an acceptable country of origin marking for articles imported into the U.S. from the country previously calling itself the Union of Burma?

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 will permit "in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article." (emphasis added). The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 277 CCPA 297, 302, C.A.D. 104 (1940), in which the court stated: "Congress intended 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 will."

To assure that this purpose is accomplished, both 19 U.S.C. 1304 and section 134.45, Customs Regulations (19 CFR 134.45), require that the name of the country of origin of imported articles be given in the English language. In the case of Burma/Myanmar, we note that the interdepartmental U.S. Board on Geographic Names recently determined that the name "Myanmar" is a Burmese appellation, and is not a conventional English language name. See, Department Notice, U.S. Department of State (Nov. 17, 1989). According to the Board, the name "Burma" remains the conventional short form name, while "Union of Burma" remains the conventional long form of the name. The Office of the Geographer, U.S. Department of State, treats the term "conventional" for geographic purposes as meaning the name in the English language. The Department of State has adopted the determination of the U.S. Board on Geographic Names that the name "Myanmar" has not become conventional in the English language.

In accordance with its responsibility under 19 U.S.C. 1304 to assure that ultimate purchasers in the U.S. be afforded a clear indication of the country of origin of imported goods, Customs must also take into account whether a country name is sufficiently well known to ultimate purchasers to have become a name in the English language. In our opinion, the longstanding use of the term "Burma" by English speakers, when considered in comparison with the brief period of time that "Myanmar" has been in use, suggests that ultimate purchasers in the U.S. are unlikely to recognize products marked "Myanmar" as products of the country also known in English as "Burma". In reaching this determination we do not suggest that "Myanmar" is unacceptable for other purposes. It also may be the case that at a later time the name "Myanmar" will have become sufficiently widely known among ultimate purchasers in the U.S. as to constitute a conventional English language name for country of origin marking purposes. At this time, however, it is our conclusion that the name "Myanmar", by itself, does not afford ultimate purchasers in the U.S. a clear indication of the country of origin of articles imported from Burma.

So that ultimate purchasers in the U.S. will be given a clear indication of the origin of articles imported from Burma, we require that the marking of articles imported from there include the name "Burma" or "Union of Burma". We do not by this ruling prohibit the use of the name "Myanmar". The marking "Myanmar (Burma)" or "Burma (Myanmar)" would satisfy the country of origin marking requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations.

Because the difficulty presented by the unfamiliarity of the name "Myanmar" is not related to any effort on the part of any importer or exporter to conceal or obscure the country of origin of goods imported from Burma, or otherwise to avoid the requirements of 19 U.S.C. 1304, but rather originates with the action of the Government of Burma, a flexible approach by Customs is warranted. At this time, Customs will permit entry of articles marked "Myanmar", subject to proper remarking by the importer after entry. In addition, during the next 90 days Customs will presume that any failure to properly mark was not due to any purpose of the importer to avoid compliance with 19 U.S.C. 1304. In accordance with 19 U.S.C. 1304(a)(3)(K), an exception from marking is authorized if marking after importation is economically prohibitive, and if there is no intent to avoid compliance with 19 U.S.C. 1304. Thus, during this 90-day period an importer may be granted an exception from country of origin marking upon demonstrating only that marking after importation is economically prohibitive.

HOLDING:

The name "Myanmar" is not sufficiently widely known among ultimate purchasers in the U.S. to have become a conventional English name for the country known in English as "Burma". For country of origin marking purposes the name "Burma" must appear on articles imported from Burma and on their containers as necessary. The markings "Myanmar (Burma)" and "Burma (Myanmar)" are acceptable. Importers of articles from Burma applying for an exception from country of origin marking under 19 U.S.C. 1304(a)(3)(K) during the next 90 days will have the benefit of a presumption that a failure to mark was not due to any purpose to avoid compliance.

Sincerely,

John Durant
Director, Commercial Rulings

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