HQ 561083 - 19 CFR ?134.45; United Arab Emirates - United States International Trade Commision Rulings

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HQ 561083

November 5, 1998

MAR-2 RR:CR:SM MFC

CATEGORY: MARKING

Ms. Amy J. Johannesen
Coudert Brothers
114 Avenue of the Americas
New York, NY 10036-7703

RE: 19 CFR ?134.45; United Arab Emirates

Dear Ms. Johannesen:

This is in response to your letter dated June 17, 1998, requesting a ruling regarding the proper country of origin marking of men's knit and woven shorts and shirts which are products of the United Arab Emirates.

FACTS:

Your client, Cluett, Peabody & Co., Inc., is contemplating importing men's knit and woven shorts and shirts which are products of the United Arab Emirates into the United States. You have asked if the label "Made in UAE" satisfies Customs country of origin marking requirements.

ISSUE:

Is UAE an acceptable abbreviation for country of origin marking purposes for men's knit and woven shorts and shirts imported from the United Arab Emirates?

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 primary purpose of the country of origin marking statute 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., 27 C.C.P.A. 297, 302 (C.C.P.A. 1940).

The purpose of the 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 country of origin." American Burtonizing Co. v. United States, 13 Ct. Cust. 652, 654 (Ct. Cust. App. 1926). "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." Id. The court stated that it did 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." Id. In that case, the court held that the French-made goods which were marked "Aisne" in combination with other French words, would confuse the purchaser rather than indicate that the goods were made in France, and, thus, was not an acceptable country of origin marking.

In Headquarters Ruling Letter ("HRL") 734487 (May 7, 1992), we noted that Customs has been very stringent in approving the use of abbreviations to ensure that an abbreviation unmistakably indicates the country of origin to an ultimate purchaser of a product. The fact that an abbreviation is the official abbreviation for a country is not enough; it must unmistakably identify the country of origin to the ultimate purchaser. Customs has denied many requests for abbreviations where it felt that the abbreviation was not widely enough known in the U.S. for consumers to recognize the country of origin: HRL 560978 (July 24, 1998) (denial of "G," "D," and "Ger" for Germany); HRL 735526 (April 28, 1994) (denial of "F.Y.R.O.M." for The Former Yugoslav Republic of Macedonia, though "FYR Macedonia" and "F.Y.R.O.M. (Macedonia)" are acceptable); HRL 735083 (August 5, 1993) (denial of "NL" for the Netherlands); HRL 734856 (December 23, 1992) (denial of "YAP" and "YAP, F.S.M." for Yap, Federated States of Micronesia); HRL 7344487 (May 7, 1992) (denial of "CSFR" as an abbreviation for Czech Slovak Federal Republic); HRL 731799 (May 15, 1989) (denial of "V", "VZLA," or "VENZLA" for Venezuela).

Similarly, we believe that the abbreviation "UAE" does not unmistakably indicate the country of origin, United Arab Emirates, to the ultimate purchaser.

HOLDING:

The abbreviation "UAE" for men's knit and woven shorts and shirts which are products of United Arab Emirates is not acceptable for Customs country of origin marking purposes as the abbreviation does not unmistakably indicate the country of origin to the ultimate purchaser.
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

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