MAR-2-05 CO:R:C:V 734487 RSD
Mr. Fred Koose, President
ZVL-ZKL Bearings Corporation
805 South Girls School Road
Indianapolis, Indiana 46231-1133
RE: Country of origin marking for bearings made in
Czechoslovakia with the abbreviation CSFR; Czech, Czecho,
abbreviations; 19 CFR 134.45(b); American Burtonizing Co. v.
United States, 13 CT. Cust. Appls, 652 (1926), HQ 728267, 729736
Dear Mr. Koose:
This is in response to your letter dated January 24, 1992,
requesting a ruling on an abbreviation for Czechoslovakia. You
attached a copy of Department of Commerce publication to your
submissions.
FACTS:
ZVL-ZKL Bearings Corporation is a joint venture between
Consolidated Purchasing Overseas, Inc. and a consortium of
bearing manufacturing plants in Czechoslovakia. You indicated
that you hold an exclusive master distribution agreement to
distribute the bearings in the North American market. Presently,
each bearing case is marked, "Made in Czechoslovakia", except for
larger bearing sizes which have individual labels seals inside
the plastic bearing wrapper.
You state that the official name of Czechoslovakia has been
changed to Czech Slovak Federal Republic or the abbreviation
"CSFR". You have attached a copy of a publication from the
Department of Commerce indicating that the new official name of
Czechoslovakia is Czech Slovak Federal Republic or CSFR.
You request approval of the marking "CSFR" to indicate
their country of origin. You have imported thus far
approximately 2.2 million units, most of which are die stamped
with CSFR to indicate the country of origin. The die stamping is
done prior to heat treating when the steel is relatively soft.
You indicate that after heat treating, it is virtually
impossible to re-stamp the product. You further indicate that to
change the marking to comply with the approved country of origin
designation will be cost prohibitive.
ISSUE:
Is the marking "CSFR" an acceptable abbreviation for the
country name Czechoslovakia?
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 imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or container) will permit, in such a manner as to
indicate to the ultimate purchaser in the U.S. the name of the
country of origin of the article (emphasis added). Part 134,
Customs Regulations (19 CFR Part 134), implements the country of
origin marking requirements and exceptions of 19 U.S.C. 1304.
The requirement of the marking law (19 U.S.C. 1304) at
issue here is the necessity to indicate the English name of the
country of origin of articles imported into the U.S. Section
134.45 of the Customs Regulations (19 CFR 134.45), states that
abbreviations which unmistakably indicate the name of a country
...are acceptable.
The purpose of the marking as explained in American
Burtonizing v. United States, 13 Ct. Cust. Appls. 652 (1926)
"[W]as to require a marking such as would be understood by
purchasers of foreign-made goods as giving definite and reliable
information as to the country of origin. It is not reasonable to
suppose that Congress, by use of the word 'indicate' meant only
that words used should hint at the country of origin. The object
sought to be obtained by the legislature could best be obtained
by an indication which was clear, plain, and unambiguous and
which did more than merely hint at the country of origin. We do
not think that Congress intended that American purchasers,
consumers, or users of foreign-made goods should be required to
speculate, investigate or interpret in order that they ascertain
the country of origin."
Customs has been very stringent in approving the use of
abbreviations to ensure that an abbreviation unmistakably
indicates the country of origin to an ultimate purchaser of a
product. The fact that an abbreviation is the official
abbreviation for a country is not enough. It must unmistakably
identify the country of origin to the ultimate purchaser. In
this case, the use of the abbreviation "CSFR" would not
unmistakably identify the country of origin to the ultimate
purchaser. Despite the recent change in the official name of
Czechoslovakia, it has not become widely enough known in
the U.S. for consumers to recognize that the marking "CSFR" is an
abbreviation for Czechoslovakia. In all likelihood the ultimate
purchasers of the bearings would not be able to determine the
country of origin of the bearings by seeing the marking "CSFR".
Consequently, "CSFR" is not an acceptable abbreviation for
Czechoslovakia.
Customs realizes that compliance with the marking statute is
rendered difficult as there is no readily apparent acceptable
abbreviation for the Czech and Slovak Federal Republic and the
length of both the official name of the country and the full
spelling of "Czechoslovakia" is too long, form a practical
perspective, for purposes of country of origin marking. Customs
has previously approved the abbreviation Czech or Czecho. See HQ
728267 (August 2, 1985) and HQ 729736 (August 1, 1986). These
remain acceptable markings.
You indicate that changing your marking on the bearings to
reflect the full name, Czechoslovakia, would be cost
prohibitive. In order to obtain an exception from country of
origin marking on this basis, you must furnish specific evidence,
including cost figures, that it would be economically prohibitive
to adjust the marking on the bearings to the full name
Czechoslovakia or either of the approved abbreviation.
HOLDING:
The abbreviation, "CSFR" for the country name Czechoslovakia
does not unmistakably indicate the country of origin, and
therefore is not acceptable.
Sincerely,
John Durant, Director
Commercial Rulings Division