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HQ 563047

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July 22, 2004

MAR 2-05 RR:CR:SM 563047 KSG

CATEGORY: MARKING

Mr. Anthony Joseph
Arion Perfume and Beauty, Inc.
1854 Lockhill Selma, Suite 101
San Antonio, Texas 78213

RE: Country of origin marking; abbreviation “U.A.E.”

Dear Mr. Joseph:

This is in response to your letter dated May 20, 2004, requesting a ruling on the proper country of origin marking of imported fragrances and cosmetics from the United Arab Emirates. You asked if the abbreviation “U.A.E.” is acceptable for country of origin marking purposes.

FACTS:

Arion Perfume and Beauty, Inc. is a distributor of fragrances, cosmetics, creams and dusting powders. Most of these products are made in the United Arab Emirates. Most of your products are imported into the Port of Houston, Texas.

ISSUE:

Is the abbreviation “U.A.E.” acceptable for the 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 United States 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 United States 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., 27 C.C.P.A. 297, 302 (1940). Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions 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 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.

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 a number of requests for abbreviations where it determined that the abbreviation was not sufficiently 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, Customs in HRL 561083 (November 5, 1998), ruled that the use of the abbreviation for the United Arab Emirates as U.A.E. does not unmistakably identify the country to most U.S. consumers. See also HRL 561997, (March 4, 2001). Accordingly, the abbreviation “U.A.E.” is not acceptable.

HOLDING:

The abbreviation “U.A.E.” is not acceptable for the purposes of 19 U.S.C. 1304.

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,

Myles B. Harmon
Director, Commercial Rulings Division

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