MAR-2 RR:CTC:TCM 968034 RSD
Michelle Reid Davis
Senior Analyst, Import Compliance
Tyco Fire & Security
6600 Congress
Mail-stop B-39
Boca Raton, Florida 33487
RE: The use of the abbreviation “Assy” for the word “Assembly” in the country of origin marking statements on a variety of imported items
Dear Ms. Davis:
This is in response to your electronic ruling request concerning the use of an abbreviation for the word “Assembly” that are contained in country of origin markings that are put on a variety of different products that Tyco Fire & Security and related companies import into the United States.
FACTS:
In your ruling request you state that Tyco Fire & Security has assembly operations in various plant locations around the world (for example Puerto Rico, Dominican Republic, China, Ireland, etc.). For the different assembly operations, it is a standard practice to source components from countries that are outside the country of assembly. Instead of labeling the assembled products as “Made In” you want to label the products for country of origin marking purposes as “Assembled In” or “Assembly In” followed by the country name.
For assembly operations and labeling worldwide, you would like to use your current label which is retrofitted and limited to a certain number of characters. For this reason, you would like to abbreviate the word “Assembly”, by using the abbreviation “assy”. The label you propose to use would read “Assy In…” with the words “Assy In” to be followed by one country name. An example of a country of the origin marking that you would like to use is “Assy In Ireland” to indicate that the product was assembled in Ireland.
ISSUE:
Whether the abbreviation “Assy” for the term Assembly may be used in the country of origin marking statements that on a variety of imported products.
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 United States 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 United States the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the Customs and Border Protection (CBP) Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.45(b), CBP Regulations (19 CFR § 134.45(b)), provides that abbreviations of country names "which unmistakably indicate the name of a country … are acceptable. Variant spellings which clearly indicate the English name of the country of origin such as ‘Brasil’ for Brazil and ‘Italie’ for Italy, are acceptable." The purpose of the marking law was "to require a marking such as would be understood by purchasers of foreign-made goods as giving definite and reliable information as to country of origin." American Burtonizing Co. v. United States, 13 Ct. Cust. 652, 654 (Ct. Cust. App. 1926). "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." Id. In Headquarters Ruling Letter ("HRL") 734487 (May 7, 1992), we noted that CBP 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. CBP has denied a number of requests for abbreviations where it determined that the abbreviation was not sufficiently known in the U.S. for consumers to recognize the country of origin. For example, in HQ 733104, dated March 16, 1990, we held that the abbreviations "Arg" or "Argtin" and "Hun" or "Hung" do not unmistakably indicate the country names of Argentina and Hungary, and thus do not comply with 19 U.S.C. 1304 and 19 CFR 134.45(b). Similarly, in HQ 731199, dated May 15, 1989, CBP ruled that the abbreviations "VENZLA" and "VZLA" do not unmistakably indicate the country name Venezuela, so that these abbreviations were not acceptable under 19 U.S.C. 1304 and 19 CFR134.45(b).
CBP has established that the phrase "Assembled in" is synonymous with "Made in" or "Product of" as an indicator of origin for goods produced as a result of an assembly operation and the country of origin of the article is determined to be the country of assembly. In regard to proposed marking statements, section 134.43(e), CBP Regulations (19 CFR 134.43(e)), provides:
Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following: (emphasis added) (1) Assembled in (country of final assembly); (2) Assembled in (country of final assembly) from components of
(name of country or countries of origin of all components); or (3) Made in, or product of, (country of final assembly).
However, if there is no confusing or misleading geographical references on an imported article or its container, there is no requirement in 19 U.S.C. 1304 or its applicable regulations of 19 C.F.R. Part 134, that the country of origin marking statement on an article contain phrases such as “Assembled in” in front of the name of the country of origin. Accordingly, the use of the phrase “assembled in” on a product is optional. Therefore, so long as the English name of the country of origin is legibly, conspicuously, and permanently on the article or its container, the use of the abbreviation “assy” to indicate the word “assembly” in a country of origin marking statement would not violate the requirements of the country of origin marking law, 19 U.S.C. 1304.
HOLDING:
Where there is no confusing or misleading geographical reference on an article or its container, the use of the abbreviation “Assy” for the word “Assembly” in a country of origin marking statement on a variety of different products does not violate 19 U.S.C. 1304. Thus, in this case, as long as the English name of
the country of origin appears legibly, conspicuously, and permanently on the imported article or its container, it is acceptable to use the abbreviation “assy” in a country of origin marking statement that appears on an article of foreign origin.
Sincerely,
Gail Hamill, Chief
Tariff Classification and Marking Branch