[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Notices]
[Pages 12269-12270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6434]


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DEPARTMENT OF THE TREASURY

Customs Service
[T.D. 97-16]


Country of Origin Marking of Products From the West Bank and Gaza

AGENCY: U.S. Customs Service, Department of the Treasury

ACTION: Notice of policy.

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SUMMARY: This document clarifies T.D. 95-25 by notifying the public 
that, with respect to imported goods which are produced in the West 
Bank and Gaza Strip, acceptable country of origin markings consist of 
``West Bank/Gaza,'' ``West Bank/Gaza Strip,'' ``West Bank and Gaza,'' 
and ``West Bank and Gaza Strip'' as well as ``West Bank,'' ``Gaza'' or 
``Gaza Strip.''

EFFECTIVE DATE: The position set forth in this document is effective 
for merchandise entered or withdrawn from warehouse for consumption on 
or after March 14, 1997.

FOR FURTHER INFORMATION CONTACT: Craig Walker, Special Classification 
and Marking Branch (202) 482-6980.

SUPPLEMENTARY INFORMATION:

Background

    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. Failure to mark an article in accordance with 
the requirements of 19 U.S.C. 1304 shall result in the levy of a duty 
of ten percent ad valorem. Part 134, Customs Regulations (19 CFR Part 
134), implements the country of origin marking requirements and 
exceptions of 19 U.S.C. 1304.

T.D. 95-25

    T.D. 95-25, published in the Federal Register on April 6, 1995 (60 
FR 17607), discussed the proper country of origin marking for imported 
goods produced in the West Bank and Gaza Strip. Prior to the issuance 
of the T.D., Customs had taken the position that, in order for the 
country of origin marking of a good which was produced in the West Bank 
or Gaza Strip to be considered acceptable, the word ``Israel'' must 
appear in the marking designation. However, by letter dated October 24, 
1994, the Department of State advised the Department of the Treasury 
that, in view of certain developments, principally the Israeli-PLO 
Declaration of Principles on Interim Self-Government Arrangements 
(signed on September 13, 1993), the primary purpose of 19 U.S.C. 1304 
would be best served if goods produced in the West Bank and Gaza Strip 
were permitted to be marked ``West Bank'' or ``Gaza Strip.''
    Accordingly, as Customs has previously relied upon advice received 
from the Department of State in making determinations regarding the 
``country of origin'' of a good for marking purposes, Customs notified 
the public in T.D. 95-25 that, unless excepted from marking, goods 
produced in the West Bank or Gaza Strip shall be marked as ``West 
Bank,'' ``Gaza,'' or ``Gaza Strip.'' The T.D. further stated that the 
country of origin markings of such goods shall not contain the words 
``Israel,'' ``Made in Israel,'' ``Occupied Territories-Israel,'' or 
words of similar meaning.

Clarification

    Subsequent to the issuance of T.D. 95-25, the Israeli-Palestinian 
Interim Agreement was signed, granting additional powers and 
responsibilities to the Palestinian Authority. In addition, an 
amendment to the United States-Israel Free Trade Area Implementation 
Act of 1985 (19 U.S.C. 2112 note), enacted on October 3, 1996, 
authorized the President to proclaim duty-free treatment to products of 
the West Bank and Gaza Strip. Such duty-free treatment was implemented 
by Presidential Proclamation 6955 dated November 13, 1996, effective 
for products of the West Bank and Gaza Strip entered or withdrawn from 
warehouse for consumption on or after November 21, 1996.
    By letter dated January 13, 1997, the Department of State advised 
the Department of the Treasury that the Palestinian Authority has asked 
that the U.S. accept the country of origin marking ``West Bank/Gaza'' 
so as to reaffirm the territorial unity of the two areas. The 
Department of State further advised that it considers the West Bank and 
Gaza Strip to be one area for political, economic, legal and other 
purposes. Accordingly, the Department of State requested that Customs 
accept the country of origin markings ``West

[[Page 12270]]

Bank/Gaza'' and ``West Bank and Gaza'' for products from those areas, 
and that Customs continue to accept the markings ``West Bank,'' 
``Gaza'' and ``Gaza Strip.''
    Pursuant to the request of the Department of State, this document 
notifies the public that acceptable country of origin markings for 
goods produced in the territorial areas known as the West Bank or Gaza 
Strip consist of the following: ``West Bank/Gaza,'' ``West Bank/Gaza 
Strip,'' ``West Bank and Gaza,'' ``West Bank and Gaza Strip,'' ``West 
Bank,'' ``Gaza,'' and ``Gaza Strip.'' The position stated in this 
document is effective for merchandise which is entered or withdrawn 
from warehouse for consumption on or after the date of publication in 
the Federal Register.

    Dated: March 7, 1997.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 97-6434 Filed 3-13-97; 8:45 am]
BILLING CODE 4820-02-P