HQ 560243 - Country of origin marking; Republic of Ireland; Northern Ireland; HRL 725395; HRL 729868; 19 U.S.C. ?1304. - United States International Trade Commision Rulings

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HQ 560243

June 17, 1997

MAR-02 RR:TC:SM 560243 JML

CATEGORY: MARKING

Mr. Desmond Swan, Managing Director
Thomas Pink Ltd.,
1 Havelock Terrace
London SW8 4AP
United Kingdom

RE: Country of origin marking; Republic of Ireland; Northern Ireland; HRL 725395; HRL 729868; 19 U.S.C. ?1304.

Dear Mr. Swan:

This is in response to your letter of December 12, 1996, in which you requested a binding ruling concerning the country of origin marking requirements for men's shirts produced in Northern Ireland. Specifically, you want to know if marking such shirts "Made in Ireland" is permissible under applicable law and regulation.

FACTS:

Your company, Thomas Pink Ltd. ("Pink"), is a British retailer of quality men's shirts, ties, and accessories. Pink's registered office is London England. Pink's shirts are produced in both the Republic of Ireland and Northern Ireland (which is part of the United Kingdom). You state that you have been advised that for United States Customs purposes marking goods from Northern Ireland and the Republic of Ireland as 'Made in Ireland" is permissible.

ISSUE:

Whether marking goods produced in the Republic of Ireland and Northern Ireland as "Made in Ireland" is permissible under 19 U.S.C. ?1304.

LAW AND ANALYSIS:

This ruling only addresses the permissibility of marking goods produced in both the Republic of Ireland and Northern Ireland to indicate Ireland as the country of origin.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ?1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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. Congressional intent in enacting 19 U.S.C. ?1304 was "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." United States v. Friedlaender & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. ?1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the U.S.

It is Customs' opinion that marking men's shirts produced in both the Republic of Ireland and Northern Ireland "Made in Ireland" is acceptable for purposes of 19 U.S.C. ?1304. U.S. law requires that each article of foreign origin imported into the U.S. shall be marked with "the English name of the country of origin of the article." See 19 U.S.C. ?1304 As Ireland is the United States Department of State's officially recognized name for the Republic of Ireland, marking goods produced only in that country to indicate Ireland as the country of origin is acceptable under ?1304. See United States Department of State list of Independent States and Dependencies as of August 20, 1996 Although Northern Ireland is officially recognized as and is technically a part of the United Kingdom, it has long been Customs' practice to permit goods produced in Northern Ireland to be marked to indicate Ireland as the country of origin as well. See Headquarters Ruling Letter ("HRL") 725395, dated May 30, 1984; HRL 729868, dated Nov. 5, 1986

HOLDING:

Based upon the information submitted, men's shirts produced in either the Republic of Ireland or Northern Ireland may be marked "Made in Ireland" to indicate their country of origin.

A copy of this ruling letter should be attached to the entry documents at the time the merchandise is entered. If the documets have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director

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