Use of ``Made in'' and ``Assembled in'' in One Country of Origin Marking Statement

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]

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