HQ 0733832 - Abbreviation of the Soviet Union for country of origin marking purposes - United States International Trade Commision Rulings

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HQ 733832
October 25, 1990

MAR-2-05 CO:R:V:C 733832 RSD

CATEGORY: MARKING

Ms. Regina C. Sprouls
Sovtech, Incorporated
1250 Connecticut Avenue, N.W.
Washington, D.C. 20036

RE: Abbreviation of the Soviet Union for country of origin marking purposes

Dear Ms. Sprouls:

This is in reply to your letter of October 5, 1990, concerning use of the abbreviation "USSR" to indicate the Soviet Union for country of origin marking purpose.

FACTS:

Sovtech Incorporated is involved in the importation of quartz watches manufactured in the Soviet Union. You inquire whether it would be acceptable for country of origin marking purposes to mark the watches with the abbreviation "USSR."

ISSUE:

Whether the abbreviation "USSR" 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 name of the country of origin of the article (emphasis added). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The requirement of the marking law (19 U.S.C. 1304) at issue here is the necessity to indicate the English name of the country of origin of articles imported into the U.S. Section 134.45 of the Customs Regulations (19 CFR 134.45), states that abbreviations which unmistakably indicate the name of a country ...are acceptable.

The purpose of the marking as explained in American Burtonizing v. United States, 13 Ct. Cust. Appls. 652 (1926) "[W]as to require a marking such as would be understood by purchasers of foreign-made goods as giving definite and reliable information as to the country of origin. It is not reasonable to suppose that Congress, by use of the word 'indicate' meant only that words used should hint at the country of origin. The object sought to be obtained by the legislature could best be obtained by an indication which was clear, plain, and unambiguous and which did more than merely hint at the country of origin. We do not think that Congress intended that American purchasers, consumers, or users of foreign-made goods should be required to speculate, investigate or interpret in order that they ascertain the county of origin."

In C.I.E. 89/50, (February 28, 1950), (copy enclosed) Customs stated its position that "the marking 'U.S.S.R.' is acceptable to indicate the country of origin of articles manufactured or produced in the Union of Soviet Socialist Republics under the marking provisions of Tariff Act of 1930, as amended." We also conclude that country of origin marking by the use of the abbreviation "USSR" would unmistakably identify the country of origin as the Soviet Union or the Union of Soviet Socialist Republics to the ultimate purchaser.

Please note that in addition to the country of origin marking requirements of 19 U.S.C. 1304, there are additional marking requirements for clocks and watches set forth in Additional U.S. Note 4 to Chapter 91 of the Harmonized Tariff Schedule of the United States (HTSUS).

HOLDING:

The abbreviation "USSR" is an acceptable country of origin marking for the Soviet Union in accordance with 19 U.S.C. 1304 and 19 CFR 134.45.

Sincerely,

Marvin M. Amernick

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