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HQ 734856

December 23, 1992

MAR 2-05 CO:R:C:V 734856 LR

CATEGORY: MARKING

Stephen L. Besler, Esq.
W.J. Byrnes & Co.
P.O. Box 22377
Tucson, Arizona 85734

RE: Country of origin marking of merchandise manufactured in Yap, Federated States of Micronesia; abbreviations; 19 CFR 134.45; 19 CFR 134.1(d); acceptable country name

Dear Mr. Besler:

This is in response to your letter dated October 7, 1992, on behalf of Antigua Sportswear, Inc., regarding the country of origin marking of merchandise manufactured in Yap, Federated States of Micronesia.

FACTS:

The imported articles will be knit shirts manufactured in Yap, Federated States of Micronesia. You ask whether any or all of the following are acceptable country of origin markings:

1) MADE IN YAP
2) MADE IN YAP, FEDERATED STATES OF MICRONESIA 3) MADE IN FEDERATED STATES OF MICRONESIA 4) MADE IN MICRONESIA
5) MADE IN YAP, F.S.M.

ISSUE:

Whether any or all of the above markings are acceptable for purposes of 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 (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.

"Country" is defined in 19 CFR 134.1(d) as the political entity known as a nation. Colonies, possessions, or protectorates outside the boundaries of the mother country are considered separate countries. 19 CFR 134.45(a) provides that the required markings shall include the English name of the country of origin, unless other marking to indicate the English name of the country of origin is specifically authorized by the Commissioner of Customs. Abbreviations and variant spellings which clearly indicate the English name of the country of origin are acceptable pursuant to 19 CFR 134.45(b).

According to the U.S. Department of State, Office of the Geographer (Department of State), the Federated States of Micronesia, is a group of Pacific islands, and comprises the states of Yap, Chuuk, Pohnpel, and Kosrae. The Department of State has advised that the United States maintains diplomatic relations with the Federated States of Micronesia; a Compact of Free Association with the United States entered into force November 3, 1986. See Presidential Proclamation 5564, appearing in the Federal Register on November 7, 1986, 51 Fed. Reg. 40,399). Based on this information, we conclude that the Federated States of Micronesia is a political entity known as a nation and thus is a country within the meaning of 19 U.S.C. 1304 and 19 CFR 134.1(d). Although the Office of the Geographer has advised that there is no officially recognized "short name", we find that "Micronesia" clearly indicates the English name of the country of origin. Therefore, both "Federated States of Micronesia" and "Micronesia" are acceptable markings.

Yap, which is both the name of an island grouping and an island in the Federated States of Micronesia, is neither an independent state with which the U.S. maintains diplomatic relations nor a colony, possession or protectorate outside the boundaries of the mother country. Therefore, it does not constitute acceptable country of origin marking for purposes of 19 U.S.C. 1304. However, in appropriate cases, YAP may be included along with the country name. The designation "F.S.M." does not clearly indicate the country of origin and therefore is not an acceptable abbreviation for the Federated States of Micronesia.

It should be noted that the words "Made in" are not generally required to precede the name of the country of origin. However, if reference is made on the article to a place name other than the country of origin, "Made in" or words of similar meaning are required. See 19 CFR 134.46 and 134.47.

HOLDING:

For purposes of 19 U.S.C. 1304 and 19 CFR Part 134, any of the following may be used to designate the country of origin of merchandise manufactured in Yap, Federated States of Micronesia:

1) YAP, FEDERATED STATES OF MICRONESIA
2) FEDERATED STATES OF MICRONESIA
3) MICRONESIA

Neither "YAP" by itself nor "YAP, F.S.M." constitute acceptable markings.

Sincerely,

John Durant, Director

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