Country of origin marking requirements for products producedin The Former Yugoslav Republic of Macedonia; F.Y.R.O.M.; FYRMacedonia; country names; abbreviations; 19 CFR 134.45

HQ 735526 April 28, 1994 MAR-2-05 CO:R:C:V 735526 RSD CATEGORY: MARKING John B. Pellegrini, Esq. Ross & Hardies 65 East 55th Street New York, New York 10222-3219 RE: Country of origin marking requirements for products produced in The Former Yugoslav Republic of Macedonia; F.Y.R.O.M.; FYR Macedonia; country names; abbreviations; 19 CFR 134.45 Dear Mr. Pellegrini: This is in response to your letter dated March 7, 1994, regarding the proper country of origin marking for products produced in The Former Yugoslav Republic of Macedonia. FACTS: Your letter inquires about the proper country of origin marking for articles that were produced in The Former Yugoslav Republic of Macedonia. You indicate that the United States Government has recently recognized Macedonia as an independent country. Therefore, you request permission to mark such products "Made in Macedonia". If that marking is unacceptable, alternatively, you suggest that Customs allow the markings "FYR Macedonia" or "Macedonia (FYR)". You claim that requiring the full name "The Former Yugoslav Republic of Macedonia" would be a substantial inhibiting factor on the ability of importers, retailers, and distributors to sell merchandise made in that country. ISSUE: Is it acceptable to mark products produced in The Former Yugoslav Republic of Macedonia, "Made in Macedonia" or "FYR Macedonia?" LAW AND ANALYSIS: Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin imported into the U.S., unless excepted, shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit in such manner as to indicate to an 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The primary purpose of the country of origin marking statute 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 CCPA 297, 302 C.A.D. 104 (1940). The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.45(a) requires that the marking shall include the English name of the country origin unless other marking to indicate the English name of the country of origin is specifically authorized by the Commissioner of Customs. The regulation in the next subsection authorizes the use of abbreviations which unmistakably indicate the country of origin. 19 CFR 134.45(b). Normally, in deciding on the proper names of countries and the spelling of those names, the Customs Service defers to the United States Department of State. Therefore, in order to reply to your ruling request, we have consulted with the Department of State. The Department of State has informed us that as of February 8, 1994, the United States extended formal recognition to the Former Yugoslav Republic of Macedonia and declared its intent to establish full diplomatic relations. Accordingly, products produced in The Former Yugoslav Republic of Macedonia must be marked to indicate that their country of origin is The Former Yugoslav Republic of Macedonia. The Department of State has also advised that the conventional long form name as approved by the United States Board of Geographic Names is The Former Yugoslav Republic of Macedonia, and that there is presently no acceptable short-form name. They have also specifically declared that the name "Macedonia" by itself should not be used and that "Republic of Macedonia" is also not an appropriate alternative. The name is provisional and subject to future review. Therefore, at this time, products produced in The Former Yugoslav Republic of Macedonia cannot be marked "Macedonia", "Republic of Macedonia" or "Made in Macedonia". The Department of State further indicated that the Former Yugoslav Republic of Macedonia may be abbreviated as "F.Y.R.O.M." where space precludes use of the full name. However, Customs believes that most consumers will not recognize "F.Y.R.O.M." as an abbreviation for The Former Yugoslav Republic of Macedonia. Therefore, because the abbreviation "F.Y.R.O.M." does not unmistakably indicate the country of origin to the ultimate purchaser, it does not meet the requirements of 19 CFR 134.45(b) and is not an acceptable country of origin marking. However, we realize that requiring articles to be marked with the lengthy full long form name "The Former Yugoslav Republic of Macedonia" could be burdensome for importers and the U.S. distributors of merchandise made in that country. Your suggestion is to mark products from The Former Yugoslav Republic of Macedonia as "FYR Macedonia" or "Macedonia (FYR)". We believe that the markings "FYR Macedonia", "F.Y.R.O.M. (Macedonia)", and other similar markings would sufficiently indicate the country of origin to the ultimate purchaser in the United States. In addition, we believe that it would not matter whether the abbreviations come before or after the word "Macedonia". Therefore, products produced in The Former Yugoslav Republic of Macedonia can be marked "FYR Macedonia" or "F.Y.R.O.M. (Macedonia)", provided that the abbreviations "FYR" or "F.Y.R.O.M." are adjacent to the word Macedonia and the words are in a comparable size. Consistent with our policy for other newly recognized countries, in order to prevent possible hardships to importers and distributors caused by abrupt changes in the country of origin marking requirements, Customs will permit the continued importation of merchandise produced in The Former Yugoslav Republic of Macedonia, if it is marked as was previously required, "Yugoslavia", for a period of one year until February 8, 1995. All merchandise imported or withdrawn from warehouse after that date, which is produced in The Former Yugoslav Republic of Macedonia must be marked to indicate that its country of origin is The Former Yugoslav Republic of Macedonia. We note, however, because there are presently sanctions against products produced in Yugoslavia, to avoid the sanctions for a product simply marked "Yugoslavia", importers should be prepared to demonstrate to the satisfaction of Customs through other documentation that the country of origin of the product is The Former Yugoslav Republic of Macedonia and not Yugoslavia. HOLDING: Merchandise produced in The Former Yugoslav Republic of Macedonia may be marked to indicate that its country of origin is The Former Yugoslav Republic of Macedonia. After February 8, 1995, merchandise produced in The Former Yugoslav Republic of Macedonia must be marked to indicate that its country of origin is The Former Yugoslav Republic of Macedonia. At the present time, the marking "Macedonia" or "Made in Macedonia" is not acceptable. The abbreviation "F.Y.R.O.M." by itself does not unmistakably indicate the country name The Former Yugoslav Republic of Macedonia and is therefore unacceptable. The markings "FYR Macedonia" or "F.Y.R.O.M. (Macedonia)" are acceptable country of origin markings. Sincerely, John Durant, Director Commercial Rulings Division