[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Notices]
[Pages 12269-12270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6434]
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DEPARTMENT OF THE TREASURY
Customs Service
[T.D. 97-16]
Country of Origin Marking of Products From the West Bank and Gaza
AGENCY: U.S. Customs Service, Department of the Treasury
ACTION: Notice of policy.
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SUMMARY: This document clarifies T.D. 95-25 by notifying the public
that, with respect to imported goods which are produced in the West
Bank and Gaza Strip, acceptable country of origin markings consist of
``West Bank/Gaza,'' ``West Bank/Gaza Strip,'' ``West Bank and Gaza,''
and ``West Bank and Gaza Strip'' as well as ``West Bank,'' ``Gaza'' or
``Gaza Strip.''
EFFECTIVE DATE: The position set forth in this document is effective
for merchandise entered or withdrawn from warehouse for consumption on
or after March 14, 1997.
FOR FURTHER INFORMATION CONTACT: Craig Walker, Special Classification
and Marking Branch (202) 482-6980.
SUPPLEMENTARY INFORMATION:
Background
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 U.S. 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 U.S. the English name of the country
of origin of the article. Failure to mark an article in accordance with
the requirements of 19 U.S.C. 1304 shall result in the levy of a duty
of ten percent ad valorem. Part 134, Customs Regulations (19 CFR Part
134), implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304.
T.D. 95-25
T.D. 95-25, published in the Federal Register on April 6, 1995 (60
FR 17607), discussed the proper country of origin marking for imported
goods produced in the West Bank and Gaza Strip. Prior to the issuance
of the T.D., Customs had taken the position that, in order for the
country of origin marking of a good which was produced in the West Bank
or Gaza Strip to be considered acceptable, the word ``Israel'' must
appear in the marking designation. However, by letter dated October 24,
1994, the Department of State advised the Department of the Treasury
that, in view of certain developments, principally the Israeli-PLO
Declaration of Principles on Interim Self-Government Arrangements
(signed on September 13, 1993), the primary purpose of 19 U.S.C. 1304
would be best served if goods produced in the West Bank and Gaza Strip
were permitted to be marked ``West Bank'' or ``Gaza Strip.''
Accordingly, as Customs has previously relied upon advice received
from the Department of State in making determinations regarding the
``country of origin'' of a good for marking purposes, Customs notified
the public in T.D. 95-25 that, unless excepted from marking, goods
produced in the West Bank or Gaza Strip shall be marked as ``West
Bank,'' ``Gaza,'' or ``Gaza Strip.'' The T.D. further stated that the
country of origin markings of such goods shall not contain the words
``Israel,'' ``Made in Israel,'' ``Occupied Territories-Israel,'' or
words of similar meaning.
Clarification
Subsequent to the issuance of T.D. 95-25, the Israeli-Palestinian
Interim Agreement was signed, granting additional powers and
responsibilities to the Palestinian Authority. In addition, an
amendment to the United States-Israel Free Trade Area Implementation
Act of 1985 (19 U.S.C. 2112 note), enacted on October 3, 1996,
authorized the President to proclaim duty-free treatment to products of
the West Bank and Gaza Strip. Such duty-free treatment was implemented
by Presidential Proclamation 6955 dated November 13, 1996, effective
for products of the West Bank and Gaza Strip entered or withdrawn from
warehouse for consumption on or after November 21, 1996.
By letter dated January 13, 1997, the Department of State advised
the Department of the Treasury that the Palestinian Authority has asked
that the U.S. accept the country of origin marking ``West Bank/Gaza''
so as to reaffirm the territorial unity of the two areas. The
Department of State further advised that it considers the West Bank and
Gaza Strip to be one area for political, economic, legal and other
purposes. Accordingly, the Department of State requested that Customs
accept the country of origin markings ``West
[[Page 12270]]
Bank/Gaza'' and ``West Bank and Gaza'' for products from those areas,
and that Customs continue to accept the markings ``West Bank,''
``Gaza'' and ``Gaza Strip.''
Pursuant to the request of the Department of State, this document
notifies the public that acceptable country of origin markings for
goods produced in the territorial areas known as the West Bank or Gaza
Strip consist of the following: ``West Bank/Gaza,'' ``West Bank/Gaza
Strip,'' ``West Bank and Gaza,'' ``West Bank and Gaza Strip,'' ``West
Bank,'' ``Gaza,'' and ``Gaza Strip.'' The position stated in this
document is effective for merchandise which is entered or withdrawn
from warehouse for consumption on or after the date of publication in
the Federal Register.
Dated: March 7, 1997.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 97-6434 Filed 3-13-97; 8:45 am]
BILLING CODE 4820-02-P
