MAR-2-05 CO:R:C:V 735526 RSD
John B. Pellegrini, Esq.
Ross & Hardies
65 East 55th Street
New York, New York 10222-3219
RE: Country of origin marking requirements for products produced
in The Former Yugoslav Republic of Macedonia; F.Y.R.O.M.; FYR
Macedonia; country names; abbreviations; 19 CFR 134.45
Dear Mr. Pellegrini:
This is in response to your letter dated March 7, 1994,
regarding the proper country of origin marking for products
produced in The Former Yugoslav Republic of Macedonia.
FACTS:
Your letter inquires about the proper country of origin
marking for articles that were produced in The Former Yugoslav
Republic of Macedonia. You indicate that the United States
Government has recently recognized Macedonia as an independent
country. Therefore, you request permission to mark such products
"Made in Macedonia". If that marking is unacceptable,
alternatively, you suggest that Customs allow the markings "FYR
Macedonia" or "Macedonia (FYR)". You claim that requiring the full
name "The Former Yugoslav Republic of Macedonia" would be a
substantial inhibiting factor on the ability of importers,
retailers, and distributors to sell merchandise made in that
country.
ISSUE:
Is it acceptable to mark products produced in The Former
Yugoslav Republic of Macedonia, "Made in Macedonia" or "FYR
Macedonia?"
LAW AND ANALYSIS:
Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304),
requires that every article of foreign origin imported into the
U.S., unless excepted, shall be marked in a conspicuous place as
legibly, indelibly, and permanently as the nature of the article
will permit in such manner as to indicate to an 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. As provided in section 134.41(b), Customs Regulations
(19 CFR 134.41(b)), the country of origin marking is considered
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain.
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 CCPA 297, 302
C.A.D. 104 (1940). The "ultimate purchaser" is defined generally
as the last person in the U.S. who will receive the article in the
form in which it was imported.
19 CFR 134.45(a) requires that the marking shall include the
English name of the country origin unless other marking to indicate
the English name of the country of origin is specifically
authorized by the Commissioner of Customs. The regulation in the
next subsection authorizes the use of abbreviations which
unmistakably indicate the country of origin.
19 CFR 134.45(b).
Normally, in deciding on the proper names of countries and
the spelling of those names, the Customs Service defers to the
United States Department of State. Therefore, in order to reply
to your ruling request, we have consulted with the Department of
State. The Department of State has informed us that as of February
8, 1994, the United States extended formal recognition to the
Former Yugoslav Republic of Macedonia and declared its intent to
establish full diplomatic relations. Accordingly, products
produced in The Former Yugoslav Republic of Macedonia must be
marked to indicate that their country of origin is The Former
Yugoslav Republic of Macedonia.
The Department of State has also advised that the conventional
long form name as approved by the United States Board of Geographic
Names is The Former Yugoslav Republic of Macedonia, and that there
is presently no acceptable short-form name. They have also
specifically declared that the name "Macedonia" by itself should
not be used and that "Republic of Macedonia" is also not an
appropriate alternative. The name is provisional and subject to
future review. Therefore, at this time, products produced in The
Former Yugoslav Republic of Macedonia cannot be marked "Macedonia",
"Republic of Macedonia" or "Made in Macedonia".
The Department of State further indicated that the Former
Yugoslav Republic of Macedonia may be abbreviated as "F.Y.R.O.M."
where space precludes use of the full name. However, Customs
believes that most consumers will not recognize "F.Y.R.O.M." as
an abbreviation for The Former Yugoslav Republic of Macedonia.
Therefore, because the abbreviation "F.Y.R.O.M." does not
unmistakably indicate the country of origin to the ultimate
purchaser, it does not meet the requirements of 19 CFR 134.45(b)
and is not an acceptable country of origin marking.
However, we realize that requiring articles to be marked with
the lengthy full long form name "The Former Yugoslav Republic of
Macedonia" could be burdensome for importers and the U.S.
distributors of merchandise made in that country. Your suggestion
is to mark products from The Former Yugoslav Republic of Macedonia
as "FYR Macedonia" or "Macedonia (FYR)". We believe that the
markings "FYR Macedonia", "F.Y.R.O.M. (Macedonia)", and other
similar markings would sufficiently indicate the country of origin
to the ultimate purchaser in the United States. In addition, we
believe that it would not matter whether the abbreviations come
before or after the word "Macedonia". Therefore, products produced
in The Former Yugoslav Republic of Macedonia can be marked "FYR
Macedonia" or "F.Y.R.O.M. (Macedonia)", provided that the
abbreviations "FYR" or "F.Y.R.O.M." are adjacent to the word
Macedonia and the words are in a comparable size.
Consistent with our policy for other newly recognized
countries, in order to prevent possible hardships to importers and
distributors caused by abrupt changes in the country of origin
marking requirements, Customs will permit the continued importation
of merchandise produced in The Former Yugoslav Republic of
Macedonia, if it is marked as was previously required,
"Yugoslavia", for a period of one year until February 8, 1995. All
merchandise imported or withdrawn from warehouse after that date,
which is produced in The Former Yugoslav Republic of Macedonia must
be marked to indicate that its country of origin is The Former
Yugoslav Republic of Macedonia. We note, however, because there
are presently sanctions against products produced in Yugoslavia,
to avoid the sanctions for a product simply marked "Yugoslavia",
importers should be prepared to demonstrate to the satisfaction of
Customs through other documentation that the country of origin of
the product is The Former Yugoslav Republic of Macedonia and not
Yugoslavia.
HOLDING:
Merchandise produced in The Former Yugoslav Republic of
Macedonia may be marked to indicate that its country of origin is
The Former Yugoslav Republic of Macedonia. After February 8, 1995,
merchandise produced in The Former Yugoslav Republic of Macedonia
must be marked to indicate that its country of origin is The Former
Yugoslav Republic of Macedonia. At the present time, the marking
"Macedonia" or "Made in Macedonia" is not acceptable. The
abbreviation "F.Y.R.O.M." by itself does not unmistakably indicate
the country name The Former Yugoslav Republic of Macedonia and is
therefore unacceptable. The markings "FYR Macedonia" or
"F.Y.R.O.M. (Macedonia)" are acceptable country of origin markings.
Sincerely,
John Durant, Director
Commercial Rulings Division