MAR-2-05 CO:R:C:V 732890 NL
Gloria Arellanes
Manager, Import Administration
Levi Strauss & Co.
Levi's Plaza, P.O Box 7215
San Francisco, CA 94120
RE: Country of origin marking for goods of Burma.
Dear Ms. Arellanes:
This is in response to your letter of November 7, 1989, in
which you seek advice as to the proper country of origin
marking of goods from Burma when imported into the U.S.
FACTS:
On June 18, 1989, the government of the Union of Burma
changed the name of the country to "Union of Myanmar". It is
your understanding that the government of Burma/Myanmar is
authorizing only the words "Made in Myanmar" for the country of
origin marking of goods from that country, and is no longer
permitting the use of the words "Made in Burma". Your company
will shortly begin importing articles manufactured in
Burma/Myanmar.
ISSUE:
Is "Made in Myanmar" an acceptable country of origin
marking for articles imported into the U.S. from the country
previously calling itself the Union of Burma?
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 U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of
the article will permit "in such a manner as to indicate to an
ultimate purchaser in the United States the English name of the
country of origin of the article." (emphasis added). The purpose
of the marking statute is outlined in United States v.
Friedlaender & Co., 277 CCPA 297, 302, C.A.D. 104 (1940), in
which the court stated: "Congress intended 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
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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."
To assure that this purpose is accomplished, both 19 U.S.C.
1304 and section 134.45, Customs Regulations (19 CFR 134.45),
require that the name of the country of origin of imported
articles be given in the English language. In the case of
Burma/Myanmar, we note that the interdepartmental U.S. Board on
Geographic Names recently determined that the name "Myanmar" is
a Burmese appellation, and is not a conventional English language
name. See, Department Notice, U.S. Department of State (Nov. 17,
1989). According to the Board, the name "Burma" remains the
conventional short form name, while "Union of Burma" remains the
conventional long form of the name. The Office of the
Geographer, U.S. Department of State, treats the term
"conventional" for geographic purposes as meaning the name in the
English language. The Department of State has adopted the
determination of the U.S. Board on Geographic Names that the name
"Myanmar" has not become conventional in the English language.
In accordance with its responsibility under 19 U.S.C. 1304
to assure that ultimate purchasers in the U.S. be afforded a
clear indication of the country of origin of imported goods,
Customs must also take into account whether a country name is
sufficiently well known to ultimate purchasers to have become a
name in the English language. In our opinion, the longstanding
use of the term "Burma" by English speakers, when considered in
comparison with the brief period of time that "Myanmar" has been
in use, suggests that ultimate purchasers in the U.S. are
unlikely to recognize products marked "Myanmar" as products of
the country also known in English as "Burma". In reaching this
determination we do not suggest that "Myanmar" is unacceptable
for other purposes. It also may be the case that at a later time
the name "Myanmar" will have become sufficiently widely known
among ultimate purchasers in the U.S. as to constitute a
conventional English language name for country of origin marking
purposes. At this time, however, it is our conclusion that the
name "Myanmar", by itself, does not afford ultimate purchasers in
the U.S. a clear indication of the country of origin of articles
imported from Burma.
So that ultimate purchasers in the U.S. will be given a
clear indication of the origin of articles imported from Burma,
we require that the marking of articles imported from there
include the name "Burma" or "Union of Burma". We do not by this
ruling prohibit the use of the name "Myanmar". The marking
"Myanmar (Burma)" or "Burma (Myanmar)" would satisfy the country
of origin marking requirements of 19 U.S.C. 1304 and Part 134,
Customs Regulations.
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Because the difficulty presented by the unfamiliarity of the
name "Myanmar" is not related to any effort on the part of any
importer or exporter to conceal or obscure the country of origin
of goods imported from Burma, or otherwise to avoid the
requirements of 19 U.S.C. 1304, but rather originates with the
action of the Government of Burma, a flexible approach by
Customs is warranted. At this time, Customs will permit entry of
articles marked "Myanmar", subject to proper remarking by the
importer after entry. In addition, during the next 90 days
Customs will presume that any failure to properly mark was not
due to any purpose of the importer to avoid compliance with 19
U.S.C. 1304. In accordance with 19 U.S.C. 1304(a)(3)(K), an
exception from marking is authorized if marking after
importation is economically prohibitive, and if there is no
intent to avoid compliance with 19 U.S.C. 1304. Thus, during
this 90-day period an importer may be granted an exception from
country of origin marking upon demonstrating only that marking
after importation is economically prohibitive.
HOLDING:
The name "Myanmar" is not sufficiently widely known among
ultimate purchasers in the U.S. to have become a conventional
English name for the country known in English as "Burma". For
country of origin marking purposes the name "Burma" must appear
on articles imported from Burma and on their containers as
necessary. The markings "Myanmar (Burma)" and "Burma (Myanmar)"
are acceptable. Importers of articles from Burma applying for an
exception from country of origin marking under 19 U.S.C.
1304(a)(3)(K) during the next 90 days will have the benefit of a
presumption that a failure to mark was not due to any purpose to
avoid compliance.
Sincerely,
John Durant
Director, Commercial Rulings
Division