MAR 2-05 CO:R:C:V 734856 LR
Stephen L. Besler, Esq.
W.J. Byrnes & Co.
P.O. Box 22377
Tucson, Arizona 85734
RE: Country of origin marking of merchandise manufactured in
Yap, Federated States of Micronesia; abbreviations;
19 CFR 134.45; 19 CFR 134.1(d); acceptable country name
Dear Mr. Besler:
This is in response to your letter dated October 7, 1992, on
behalf of Antigua Sportswear, Inc., regarding the country of origin
marking of merchandise manufactured in Yap, Federated States of
Micronesia.
FACTS:
The imported articles will be knit shirts manufactured in Yap,
Federated States of Micronesia. You ask whether any or all of the
following are acceptable country of origin markings:
1) MADE IN YAP
2) MADE IN YAP, FEDERATED STATES OF MICRONESIA
3) MADE IN FEDERATED STATES OF MICRONESIA
4) MADE IN MICRONESIA
5) MADE IN YAP, F.S.M.
ISSUE:
Whether any or all of the above markings are acceptable for
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 U.S. 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 U.S. the English name of the
country of origin of the article (emphasis added). Part 134,
Customs Regulations (19 CFR Part 134), implements the country of
origin marking requirements and exceptions of 19 U.S.C. 1304.
"Country" is defined in 19 CFR 134.1(d) as the political
entity known as a nation. Colonies, possessions, or protectorates
outside the boundaries of the mother country are considered
separate countries. 19 CFR 134.45(a) provides that the required
markings shall include the English name of the country of origin,
unless other marking to indicate the English name of the country
of origin is specifically authorized by the Commissioner of
Customs. Abbreviations and variant spellings which clearly
indicate the English name of the country of origin are acceptable
pursuant to 19 CFR 134.45(b).
According to the U.S. Department of State, Office of the
Geographer (Department of State), the Federated States of
Micronesia, is a group of Pacific islands, and comprises the states
of Yap, Chuuk, Pohnpel, and Kosrae. The Department of State has
advised that the United States maintains diplomatic relations with
the Federated States of Micronesia; a Compact of Free Association
with the United States entered into force November 3, 1986. See
Presidential Proclamation 5564, appearing in the Federal Register
on November 7, 1986, 51 Fed. Reg. 40,399). Based on this
information, we conclude that the Federated States of Micronesia
is a political entity known as a nation and thus is a country
within the meaning of 19 U.S.C. 1304 and 19 CFR 134.1(d). Although
the Office of the Geographer has advised that there is no
officially recognized "short name", we find that "Micronesia"
clearly indicates the English name of the country of origin.
Therefore, both "Federated States of Micronesia" and "Micronesia"
are acceptable markings.
Yap, which is both the name of an island grouping and an
island in the Federated States of Micronesia, is neither an
independent state with which the U.S. maintains diplomatic
relations nor a colony, possession or protectorate outside the
boundaries of the mother country. Therefore, it does not
constitute acceptable country of origin marking for purposes of 19
U.S.C. 1304. However, in appropriate cases, YAP may be included
along with the country name. The designation "F.S.M." does not
clearly indicate the country of origin and therefore is not an
acceptable abbreviation for the Federated States of Micronesia.
It should be noted that the words "Made in" are not generally
required to precede the name of the country of origin. However,
if reference is made on the article to a place name other than the
country of origin, "Made in" or words of similar meaning are
required. See 19 CFR 134.46 and 134.47.
HOLDING:
For purposes of 19 U.S.C. 1304 and 19 CFR Part 134, any of the
following may be used to designate the country of origin of
merchandise manufactured in Yap, Federated States of Micronesia:
1) YAP, FEDERATED STATES OF MICRONESIA
2) FEDERATED STATES OF MICRONESIA
3) MICRONESIA
Neither "YAP" by itself nor "YAP, F.S.M." constitute acceptable
markings.
Sincerely,
John Durant, Director