MAR-2-05 RR:TC:SM 560337 CW
Stephen S. Spraitzar, Esq.
George R. Tuttle Law Offices
Three Embarcadero Center, Suite 1160
San Francisco, California 94111
RE: Country of origin marking for products of Hong Kong imported
on or after July 1, 1997
Dear Mr. Spraitzar:
This is in response to your letter of February 28, 1997, on
behalf of Computer Products, Inc., requesting a ruling on the
proper country of origin marking of products of Hong Kong after
the reversion of that region to China on July 1, 1997.
FACTS:
With respect to goods produced in Hong Kong after July 1,
1997, you ask whether any or all of the following country of
origin markings will be acceptable when those goods are imported
into the U.S.:
Made in Hong Kong, China.
Made in Hong Kong.
Made in China.
ISSUE:
Whether the above country of origin markings are acceptable
for imported goods produced in Hong Kong after July 1, 1997.
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 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.
By notice published in the Federal Register on June 5, 1997
(62 FR 30927), Customs notified the public "that, unless excepted
from marking, goods produced in Hong Kong which are entered or
withdrawn from warehouse for consumption into the U.S. on or
after July 1, 1997, shall continue to be marked to indicate that
their origin is Hong Kong.'"
Thus, in regard to the three country of origin markings you
have suggested, only "Made in Hong Kong" would be acceptable.
HOLDING:
Unless excepted from country of origin marking, goods
produced in Hong Kong which are entered or withdrawn from
warehouse for consumption into the U.S. on or after July 1, 1997,
shall continue to be marked to indicate that their origin is
"Hong Kong." Markings which indicate that the origin of such
goods is China will not be acceptable.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division