MAR-2-05 CO:R:C:V 735099 KR
Mrs. Rhonda Findlay
The Mimbro Group
111 Sinnott Road
Scarborough, Ont.
Canada M1L 4S6
RE: Country of origin marking of drill bits imported from the
Czech Republic.
Dear Mrs. Findlay:
This is in response to your letter dated March 30, 1993,
requesting a country of origin ruling regarding drill bits, sizes
3/16 inches to 3/8 inches and the equivalent metric sizes,
imported to the U.S. from the Czech Republic.
FACTS:
You state that you import drill bits, sizes 3/16 inches to
3/8 inches and the equivalent metric sizes, into the U.S. from
the Czech Republic. Previously you marked the drill bits
"Czecho" pursuant to HQ 728267 (August 2, 1985).
Since the time of the aforementioned ruling, Czechoslovakia
has become the Czech Republic and the Slovak Republic. The drill
bits are imported from the Czech Republic. You wish to know if
the drill bits may be marked "Czech Republik" or if "Czech" is
acceptable.
ISSUE:
Whether "Czech Republik" or "Czech" is an acceptable country
or origin designation for drill bits imported from the Czech
Republic.
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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304.
Abbreviations and variant spellings which clearly indicate the
English name of the country of origin are acceptable. 19 CFR
134.45(b).
In T.D. 93-17 (March 3, 1993), Customs notified the public
that the Czech and Slovak Federal Republic (CSFR or
Czechoslovakia) ceased to exist and was succeeded by two separate
and independent states, the Czech Republic and the Slovak
Republic. T.D. 93-17 also informed the public of the acceptable
names and the English spellings for these two new countries that
are to be used for country of origin marking on merchandise
imported into the U.S. from the territory of the former
Czechoslovakia. The long form name of the Czech Republic is
"Czech Republic". There is no short form name for that country.
The previously accepted names are allowed to be used until
January 1, 1994. As of January 1, 1994 all goods produced in the
Czech Republic and imported on or after January 1, 1994, will be
required to be marked with the new name, "Czech Republic". The
notice also provides that the abbreviation "Rep." may be used for
"Republic".
In this case, the drill bits imported prior to January 1,
1994, may be marked with the old markings "Czecho" or "Czech".
Drill bits imported on or after January 1, 1994, must be marked
with the new country of origin designation "Czech Republic" or
"Czech Rep." The variant spelling "Republik" is also acceptable.
We received informal advice from a staff member of the U.S. Board
of Geographic Names, that there is still no short form name for
the "Czech Republic", that it would not support the designation
"Czech" and that it would consider such marking inappropriate for
indicating the country of origin of a product of the Czech
Republic. At this time, considering the current status, the
advice of the Board of Geographic Names, and since there is no
short form currently accepted, "Czech" will not be an acceptable
country of origin designation for products of the Czech Republic
imported on or after January 1, 1994.
HOLDING:
For products of the Czech Republic imported on or after
January 1, 1994, "Czech" will not be an acceptable country of
origin designation. After January 1, 1994, the drill bits must
be marked "Czech Republic", or "Czech Rep." The variant spelling
for "Republic" noted above may also be used.
Sincerely,
John Durant, Director