CLA-2 OT:RR:CTF:TCM H056828 MG
Mr. Michael R. Gaico
Whitman Breed Abbott & Morgan LLC
500 West Putnam Avenue
P.O. Box 2250
Greenwich, Connecticut 06830
RE: Country of origin marking for goods of the “Bolivarian Republic of Venezuela”
Dear Mr. Gaico:
This is in response to your request for a binding ruling submitted on March 26, 2009, in which you seek advice as to the proper country of origin marking of goods from Venezuela when imported into the United States. In reaching our decision, we have taken into consideration the background information submitted with your request and discussion of such documents during a telephone conversation with a member of my staff, held on April 16, 2009.
FACTS:
Your request inquires whether the “Bolivarian Republic of Venezuela” is an acceptable country of origin marking that is in compliance with Customs and Border Protection (CBP) regulations. Your request notes that the “Bolivarian Republic of Venezuela” has been the official name of the country of Venezuela since 1999 and that it is cited as such by the United States Department of State. As such, you request confirmation that Venezuela and the Bolivarian Republic of Venezuela are acceptable and interchangeable English names for the country of origin and are both country of origin markings in compliance with CBP regulations.
ISSUE:
Whether “Made in the Bolivarian Republic of Venezuela” is an acceptable country of origin marking.
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 (or its container) imported into the United States 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 United States the English name of the country of origin of the article. National Hand Tool Corp. v. United States, 14 C.I.T. 61, 67-68 (1990)
Congressional intent in enacting 19 U.S.C. §1304 was "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 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).
Part 134 of the CBP Regulations (19 C.F.R. §134) implements the country of origin marking requirements and exceptions of 19 U.S.C. §134. Section 134.1 (b) of the CBP regulations defines "country of origin" as “the country of manufacture, production, or growth of any article of foreign origin entering the United States.” Section 134.41 (b) mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. The idea is that the ultimate purchaser should be able to ascertain the country of origin at a glance and without any guesswork. See HQ 560792, dated December 19, 1997 and HQ 731799, dated May, 15, 1989.
Section 134.45 (19 C.F.R. § 134.45) requires, in relevant part, that the name of the country of origin of imported articles be given in the English language. In determining whether a proposed country of origin marking is acceptable for purposes of § 134.45, CBP has consulted the U.S. Department of State for guidance concerning the proper names of countries and the spelling of these names.
The most recent list issued by the U.S. Department of State and dated August 19, 2008, entitled “Independent States in the World,” lists the name “Venezuela” under the “short-form name” column and “Bolivarian Republic of Venezuela” under the “long-form name” column. Because the short-form name “Venezuela” is included in the long-form name “Bolivarian Republic of Venezuela” and the name Venezuela is “sufficiently well known to the ultimate purchaser to have become a name in the English language,” we find that both names are acceptable and conform with the statutory and regulatory standards requiring that ultimate purchasers in the U.S. be afforded a clear indication of the country of origin of imported goods.
HOLDING:
For purposes of 19 U.S.C. 1304 and 19 C.F.R. 134, “Venezuela” and “Bolivarian Republic of Venezuela” are both acceptable country of origin markings for merchandise manufactured therein.
A copy of this ruling letter should be attached to entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.
Sincerely,
Gail A. Hamill, Chief
Tariff Classification and Marking Branch