MAR-2 RR:TC:SM 560978 KSG
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