[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Rules and Regulations]
[Pages 37678-37679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18135]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 134
Use of ``Made in'' and ``Assembled in'' in One Country of Origin
Marking Statement
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: General marking exception.
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SUMMARY: This document advises the public of a general country of
origin marking exception that will be granted by Customs, commencing
August 5, 1996, for three months for imported foreign articles which
reach the ultimate purchaser in the United States containing a marking
with the words ``Made in,'' ``Product of,'' or words of similar
meaning, such as ``Knit in,'' along with the use of ``Assembled in'' in
a single country of origin marking statement.
EFFECTIVE DATE: August 5, 1996, through November 5, 1996.
FOR FURTHER INFORMATION CONTACT: Monika Rice, Special Classification
and Marking Branch, Office of Regulations and Rulings (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. Part 134, Customs Regulations (19 CFR Part
134), implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304.
Customs previously has determined that the use of ``Made in,''
``Product of,'' or words of similar meaning, such as ``Knit in'' (when
the country of origin was the country in which an article was knit to
shape), along with the use of the words ``Assembled in'' in a single
country of origin marking statement, was acceptable for purposes of 19
U.S.C. 1304. These prior determinations were based upon Customs
position that the words, ``Assembled in'' were not a country of origin
marking indicator, except as provided for in 19 CFR 10.22 for articles
eligible for subheading 9802.00.80, Harmonized Tariff Schedule of the
United States (HTSUS), treatment.
[[Page 37679]]
See Headquarters Ruling Letter (HRL) 087271 dated January 17, 1991,
(the expressions ``Made in China, Assembled in Hong Kong'' or ``Knit in
China, Assembled in Hong Kong'' were acceptable under 19 U.S.C. 1304
and 19 CFR 134.46 indicating that the country of origin of sweaters was
China). But see HRL 733564 dated August 10, 1990 (the marking ``Made in
Canada'' needed to be removed from hoses manufactured in Canada, after
assembly with brass fittings in Mexico, as the country of origin of the
assembled article was Mexico pursuant to 19 CFR 10.22 and the article
could be marked ``Assembled in Mexico'').
Due to the confusion generated by 19 CFR 10.22 concerning when it
is acceptable to use the words ``Assembled in,'' in country of origin
marking, this section, effective August 5, 1996, will be removed from
the Customs Regulations as part of a final document which principally
implemented Annex 311 of the North American Free Trade Agreement (T.D.
96-48, 61 FR 28932, 28955, June 6, 1996). That final rule document also
included an amendment to 19 CFR 134.43(e) to provide for the use of the
phrases, ``Assembled in (country of final assembly),'' ``Assembled in
(country of final assembly) from components of (name of country or
countries of origin of all components),'' or ``Made in, or product of,
(country of final assembly),'' as methods of marking an imported
article when the country of origin of such article is determined to be
the country in which it was finally assembled.
Accordingly, for all goods entered, or withdrawn from warehouse,
for consumption on or after August 5, 1996, the country of origin
indicator, ``Assembled in,'' may be used for the marking of imported
articles only when the country of origin of that article is determined
to be the country in which the article was finally assembled. Whether
or not the article is eligible for entry under subheading 9802.00.80,
HTSUS, will not be relevant to the use of this marking.
Furthermore, as a result of the amendment of 19 CFR 134.43(e), the
terms ``Made in'' and ``Assembled in'' are always words of similar
meaning, and it will no longer be acceptable to use ``Made in,''
``Product of,'' or words of similar meaning, along with the words
``Assembled in'' in a single country of origin marking statement on
articles of foreign origin imported into the United States.
However, the marking statute and regulations allow for exceptions
to the marking requirements under certain circumstances. One of these
exceptions concerns articles which cannot be marked prior to, or after,
importation except at an expense that would be economically
prohibitive. See 19 U.S.C. 1304(a)(3) (C) and (K), and 19 CFR 134.32
(c) and (o).
In consideration of: (1) the fact that the use of ``Made in,''
``Product of,'' or words of similar meaning, along with the use of the
words ``Assembled in'' in a single country of origin marking statement
has been acceptable until the amendment of 19 CFR 134.43(e), and many
articles or labels containing such statements may have already been
made; (2) the expectation that many individual requests will be
received for marking exceptions on the ground of economic
prohibitiveness; and (3) the importance of providing uniform Customs
treatment, Headquarters has made a general finding under these
circumstances that it would be economically prohibitive to require the
marking of imported foreign articles (either before or after
importation) in compliance with 19 CFR 134.43(e), as amended, as of the
effective date of the new regulations. This general marking exception
shall be granted for all imported foreign articles marked ``Made in,''
``Product of,'' or words of similar meaning, such as ``Knit in,'' along
with the use of the words ``Assembled in'' in a single country of
origin marking statement, for a period not to exceed three (3) months
from the effective date of 19 CFR 134.43(e), as amended, (i.e., no
later than November 5, 1996), which Customs views as a reasonable
period of time for the exhaustion of existing inventory. Please note
that, if information is obtained that the above articles or labels were
made after August 5, 1996, this general marking exception will not
apply.
Dated: July 11, 1996.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 96-18135 Filed 7-18-96; 8:45 am]
BILLING CODE 4820-02-P
