HQ 560978 - 19 CFR 134.45; Czech Republic; Germany; T.D. 74-122 - United States International Trade Commision Rulings

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HQ 560978

July 24, 1998

MAR-2 RR:TC:SM 560978 KSG

CATEGORY: MARKING

Ian Parkhill
Manager, North American Operations
Wera Tools, Inc.
7-710 South Service Road
Stoney Creek, Ontario
Canada L8E 5S7

RE: 19 CFR 134.45; Czech Republic; Germany; T.D. 74-122

Dear Mr. Parkhill:

This is in response to your letter dated May 1, 1998, requesting a ruling regarding the country of origin marking of imported screwdriver bits made by Wera Werk in Germany and the Czech Republic.
FACTS:

You state that your parent company, Wera Werk, based in Germany, manufactures screwdrivers and screwdriver bits for use in the industrial market. The screwdriver bits are 1" in overall length with a 1/4' hexagon shape cross section. This allows for a very small surface for printing (die stamping)the country of origin and other information such as the brand, part number, and size. You have asked if the markings "D,""G," or "Ger," are acceptable for German goods and if the markings "CZ" and "CR" are acceptable for Czech screwdriver bits imported into the U.S.

ISSUE:

What are the acceptable abbreviations for country of origin marking purposes for screwdriver bits imported from Germany and from the Czech Republic?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (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 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.45(b), Customs Regulations (19 CFR 134.45(b)), provides that abbreviations of country names "which unmistakably indicate the name of a country ... are acceptable. Variant spellings which clearly indicate the English name of the country of origin such as "Brasil" for "Brazil" and "Italie" for "Italy," are acceptable."

The Court of Customs Appeals held in American Burtonizing Co. v. United States, 13 Ct. Cust. Appls 652 (1926), that the purpose of the country of origin marking law:
was 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 might ascertain the country of origin.

The court then ruled that the French word "Aisne" was not an acceptable country of origin marking.

With regard to country of origin markings from Germany, Customs stated in O.C.O.D. 90-2, dated September 28, 1990, that on or after October 3, 1990, goods must be marked "Made in Germany" or "Made in Federal Republic of Germany." The markings "Made in FRG" and "Made in GDR" would not be allowed.

Based on the provisions of 19 CFR 134.45(b), the marking "D" for "Deutschland" would not be acceptable because the term "Deutschland" is not the English name of the country of origin. Further, we find that the abbreviation "G" does not unmistakably indicate the name of a country. In Treasury Decision ("T.D.") 93-17, dated March 23, 1993, Customs considered what markings would be acceptable for goods imported from the Czech Republic and the Slovak Republic. Customs used the U.S. Department of State list of Independent States to reach its conclusion. The U.S. State Department list of Independent States in the World as of August 1, 1997, lists "Germany" as the short form name and the "Federal Republic of Germany" as the long form name for the reunited country known as Germany. The abbreviation "Ger" does not unmistakably indicate the name of the country known as the Federal Republic of Germany and is neither the recognized short form name or long form name for that country. Therefore, we find that this abbreviation is unacceptable.

Customs ruled in Headquarters Ruling Letter ("HRL") 735099, dated September 20, 1993, that "Czech" would not be an acceptable country of origin designation for imported drill bits. The drill bits were required to be marked "Czech Republic," or "Czech Rep." This ruling applied to goods imported after January 1, 1994. The ruling cited to T.D. 93-17, dated March 3, 1993, in which Customs notified the public that Czechoslovakia ceased to exist and the successor states were the Czech Republic and the Slovak Republic. Therefore, the abbreviations that you suggested for the Czech Republic, "CZ" and "CR," would not be acceptable under
19 CFR 134.45(b).

We also note that there are special marking requirements for screwdriver bits. See HRL 731938, dated January 9, 1989. Section 134.42, Customs Regulations (19 CFR 134.42), provides that marking of certain articles shall be by specific methods as may be prescribed by the Commissioner of Customs. Pursuant to this authority, Customs issued Treasury Decision ("T.D.") 74-122, dated April 8, 1974, and T.D. 84-214, dated October 1, 1984, (copy enclosed) imposing special marking requirements for imported rotary metal cutting tools. In T.D. 74-122, Customs established that rotary metal cutting tools (i.e., tools for hand tools or machine tools which are designed to be fitted to such tools and which cannot be used independently and include tools for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, dressing, mortising or screw-driving of the kind classified in items 649.43, 649.44 and 649.46 of the Tariff Schedules of the United States (the predecessor to the current Harmonized Tariff Schedule of the United States)), must be marked by means of die stamping in a contrasting color, raised lettering, engraving, or some other method of producing a legible, conspicuous and permanent mark to clearly indicate the country of origin to the ultimate purchaser in the United States. Specifically excluded from methods of acceptable marking were ink stamping, tagging with adhesive labels or any other impermanent form of marking which could be smudged, blurred or otherwise easily obliterated or removed. In T.D. 84-214, Customs stated that products less than 3/16" in diameter are considered incapable of being marked and are exempt from these special marking requirements.

T.D. 84-214 also stated that rotary metal cutting tools would be excepted from individual marking if they are imported in substantial tubes or containers which are marked to indicate the origin of the tools inside, and it can be shown to the satisfaction of Customs officers at the port of entry that the tools are virtually certain to reach the ultimate purchaser in the marked unopened tubes or containers.

You indicated that the country of origin would be die stamped on the screwdriver bits. This marking would satisfy the special marking requirements set forth in T.D. 74-122 and T.D. 84-214.

HOLDING:

The acceptable country of origin designation for screwdriver bits imported from the Federal Republic of Germany is the short form name "Germany." The abbreviations "D," "G," and "Ger" are not acceptable under 19 CFR 134.45(b).

The acceptable country of origin designations for screwdriver bits imported from the Czech Republic are "Czech Republic" or "Czech Rep." The abbreviations "CZ," and "CR" are not acceptable under 19 CFR 134.45(b).

The special marking requirements for rotary metal cutting tools set forth in T.D. 74-122 and T.D. 84-214 are applicable to the screwdriver bits in this case.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents 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
Commercial Rulings Division

Enclosure

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