HQ 0735099 - Country of origin marking of drill bits imported from the Czech Republic. - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0733738 - HQ 0735139 > HQ 0735099

HQ 735099

September 20, 1993

MAR-2-05 CO:R:C:V 735099 KR

CATEGORY: MARKING

Mrs. Rhonda Findlay
The Mimbro Group
111 Sinnott Road
Scarborough, Ont.
Canada M1L 4S6

RE: Country of origin marking of drill bits imported from the Czech Republic.

Dear Mrs. Findlay:

This is in response to your letter dated March 30, 1993, requesting a country of origin ruling regarding drill bits, sizes 3/16 inches to 3/8 inches and the equivalent metric sizes, imported to the U.S. from the Czech Republic.

FACTS:

You state that you import drill bits, sizes 3/16 inches to 3/8 inches and the equivalent metric sizes, into the U.S. from the Czech Republic. Previously you marked the drill bits "Czecho" pursuant to HQ 728267 (August 2, 1985).

Since the time of the aforementioned ruling, Czechoslovakia has become the Czech Republic and the Slovak Republic. The drill bits are imported from the Czech Republic. You wish to know if the drill bits may be marked "Czech Republik" or if "Czech" is acceptable.

ISSUE:

Whether "Czech Republik" or "Czech" is an acceptable country or origin designation for drill bits imported from the Czech Republic.
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. Abbreviations and variant spellings which clearly indicate the English name of the country of origin are acceptable. 19 CFR 134.45(b).

In T.D. 93-17 (March 3, 1993), Customs notified the public that the Czech and Slovak Federal Republic (CSFR or Czechoslovakia) ceased to exist and was succeeded by two separate and independent states, the Czech Republic and the Slovak Republic. T.D. 93-17 also informed the public of the acceptable names and the English spellings for these two new countries that are to be used for country of origin marking on merchandise imported into the U.S. from the territory of the former Czechoslovakia. The long form name of the Czech Republic is "Czech Republic". There is no short form name for that country. The previously accepted names are allowed to be used until January 1, 1994. As of January 1, 1994 all goods produced in the Czech Republic and imported on or after January 1, 1994, will be required to be marked with the new name, "Czech Republic". The notice also provides that the abbreviation "Rep." may be used for "Republic".

In this case, the drill bits imported prior to January 1, 1994, may be marked with the old markings "Czecho" or "Czech". Drill bits imported on or after January 1, 1994, must be marked with the new country of origin designation "Czech Republic" or "Czech Rep." The variant spelling "Republik" is also acceptable. We received informal advice from a staff member of the U.S. Board of Geographic Names, that there is still no short form name for the "Czech Republic", that it would not support the designation "Czech" and that it would consider such marking inappropriate for indicating the country of origin of a product of the Czech Republic. At this time, considering the current status, the advice of the Board of Geographic Names, and since there is no short form currently accepted, "Czech" will not be an acceptable country of origin designation for products of the Czech Republic imported on or after January 1, 1994.

HOLDING:

For products of the Czech Republic imported on or after January 1, 1994, "Czech" will not be an acceptable country of origin designation. After January 1, 1994, the drill bits must be marked "Czech Republic", or "Czech Rep." The variant spelling for "Republic" noted above may also be used.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling