CBP Ruling 734667 — Country of Origin Marking - "Made in EC"

Tariff classification

HTS codes: 1304, 1930, 1992

Headings: 1304, 1930, 1992

Product description

Your letter and attached correspondence indicate that your supplier in Germany, Hanomag AG, has requested that you seek approval for the marking, "Made in the European Community." You also request information as to any anticipated changes in Customs position on this point.

CBP rationale

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 with the English name of its country of origin. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As defined at 19 CFR 134.1(a), for country of origin marking purposes "'country' means the political entity known as a nation." Inasmuch as the European Community is an organization of sovereign states, operating largely as a customs union, it is not a "country" as defined in the Customs Regulations. Until such time as the EC might achieve full political union, and its member countries divest themselves of independent status as states, the names "EC" and "European Community" cannot be used as country names for marking purposes. To the extent that articles originate in the EC, they must be marked with the names of their country(ies) of origin for importation into the U.S. Marking articles with the names "EC" or "European Community" will not satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations. There is no anticipated change in this requirement.

Full text

HQ 734667 June 16, 1992 MAR-2-05 CO:R:C:V 734667 NL CATEGORY: Marking Mr. John J. Ackelson V.P. Operations MinnPar, Inc 900 Sixth Avenue Southeast Minneapolis, Minnesota 55414 RE: Country of Origin Marking - "Made in EC" Dear Mr. Ackelson: This is in response to your letter dated May 20, 1992, in which you request a ruling concerning the marking, "Made in the European Community. FACTS: Your letter and attached correspondence indicate that your supplier in Germany, Hanomag AG, has requested that you seek approval for the marking, "Made in the European Community." You also request information as to any anticipated changes in Customs position on this point. ISSUE: Does the name "EC" or "European Community" satisfy the country of origin marking requirements? 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 with the English name of its country of origin. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As defined at 19 CFR 134.1(a), for country of origin marking purposes "'country' means the political entity known as a nation." Inasmuch as the European Community is an organization of sovereign states, operating largely as a customs union, it is not a "country" as defined in the Customs Regulations. Until such time as the EC might achieve full political union, and its member countries divest themselves of independent status as states, the names "EC" and "European Community" cannot be used as country names for marking purposes. To the extent that articles originate in the EC, they must be marked with the names of their country(ies) of origin for importation into the U.S. Marking articles with the names "EC" or "European Community" will not satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations. There is no anticipated change in this requirement. Sincerely, John Durant Director, Commercial Rulings Division

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