MAR-2 RR:CR:SM MFC
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