Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17607

(3) Notification to the participant’s

contact person of the examination site is

arranged.

Prototype One Application

This notice requests importers or

brokers on behalf of importers to

voluntarily apply for participation in

Prototype One by submitting the

following information to the Remote

Filing Team, U.S. Customs Service,

1301 Constitution Avenue, N.W. Room

1322, Washington, D.C. 20229–0001 on

or before the date set forth in the

effective date paragraph at the beginning

of this notice:

1. Importer name and, if applicable,

broker name, address, and filer code.

2. Supplier name, address, and

manufacturer’s number.

3. Types of commodities to be

imported.

4. Other agency requirements.

5. Port(s) of arrival.

6. Designated examination site(s)

(location nearest the final destination).

7. Monthly volume anticipated.

8. Requested entry summary

processing location(s), if different from

the port of arrival.

9. Electronic Invoicing Program status

and projected start date.

10. Electronic Payment (ACH) status

and projected start date.

11. Main contact person and

telephone number for participation

questions.

12. Any comments on prototype

participation.

Basis for Participant Selection

Eligible importers or importers with

brokers will be considered for selection

as participants in Prototype One.

Customs is looking for a variety of

circumstances and participants in this

first prototype; however, only a small

number of participants will be selected.

We stress that those not selected for

participation will be invited to comment

on the design, conduct, and evaluation

of this prototype. Selection will be

based on EIP operational experience,

volume anticipated, electronic abilities,

and available electronic interfaces with

other agencies import requirements.

Participants selected will be notified by

means of the Customs Electronic

Bulletin Board and the Customs

Administrative Message System.

III. Test evaluation criteria

Once participants are selected,

Customs and the participants will meet

to review all public comments received

concerning any aspect of the test

program or procedures, finalize

procedures in light of those comments,

form problem-solving teams, and

establish baseline measures and

evaluation methods and criteria. At 90

days and 180 days after commencement,

evaluations of the prototype will be

conducted, with the final results

published in the Federal Register as

required by § 101.9(b). The following

evaluation methods and criteria have

been suggested:

1. Baseline measurements will be

established through dataqueries and

questionnaires.

2. Reports will be run through use of

dataquery throughout the prototype.

3. Questionnaires will be conducted

before, during, and after the prototype

period.

Preliminary ideas for evaluation criteria

for Customs and other government

agencies are workload impact (workload

shifts, cycletime, etc.), policy and

procedural accommodation, trade

compliance impact, alternate exam site

issues (workload shift, coordination/

communication, etc.), problem solving,

system efficiency, and the collection of

statistics. Criteria ideas for the trade are

service in cargo clearance and problem

resolution, cost benefits, system

efficiency, operational efficiency, and

other items identified by the participant

group.

In conclusion, it is emphasized that if

a company is interested in filing

remotely, they must first be operational

with the Electronic Invoicing Program

(EIP). For information on the Electronic

Invoicing Program (EIP), please contact

your ABI Client Representative.

Dated: March 30, 1995.

Samuel H. Banks,

Assistant Commissioner, Office of Field

Operations.

[FR Doc. 95–8429 Filed 4–5–95; 8:45 am]

BILLING CODE 4820–02–P

[T.D. 95–25]

Country of Origin Marking of Products

From the West Bank and Gaza

AGENCY: U.S. Customs Service,

Department of Treasury.

ACTION: Notice of Policy.

SUMMARY: This document notifies the

public that, for country of origin

marking purposes, goods which are

produced in the West Bank and Gaza

Strip shall be properly marked as ‘‘West

Bank,’’ ‘‘Gaza’’ or ‘‘Gaza Strip’’ and shall

not contain the words ‘‘Israel,’’ ‘‘Made

in Israel,’’ ‘‘Occupied Territories-Israel,’’

or words of similar meaning.

EFFECTIVE DATE: For those persons

whose ruling is revoked, the position set

forth in this document is effective for

merchandise entered or withdrawn from

warehouse for consumption on or after

June 19, 1995; for all other persons, this

document is effective on April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Wende Schuster, 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.

Past Policy

In the past, Customs has taken the

position that in order for the country of

origin marking of a good which is

produced in the West Bank or Gaza

Strip to be considered acceptable, it

must be marked with the words

‘‘Israel,’’ ‘‘Product of Israel,’’ or ‘‘IsraeliOccupied West Bank (or Gaza),’’ or

words of similar meaning. In all such

instances, Customs required that the

word ‘‘Israel’’ must appear in the

marking designation. For instance, in

HRL 718329 dated December 21, 1981,

Customs held that it is acceptable to

mark goods which were produced on

the West Bank of the Jordan River with

the phrase ‘‘Israeli-Occupied West

Bank,’’ ‘‘Made in Israel,’’ or ‘‘Israel’’ and

to indicate such marking designation on

the Certificate of Origin Form A for

purposes of the Generalized System of

Preferences (GSP). In another case

concerning goods produced on the West

Bank of the Jordan River (HRL 718125

dated November 12, 1981), Customs

held that these goods must be marked

with the designators ‘‘Israeli-Occupied

West Bank’’, ‘‘Made in Israel’’, or

‘‘Israel’’ for purposes of indicating the

country of origin of the merchandise

pursuant to 19 U.S.C. 1304. In addition,

in HRL 730094 dated January 30, 1987,

Customs held that the proper country of

origin marking designation for soap

which is produced in the West Bank is

‘‘Israeli-occupied West Bank’’ or simply

‘‘Israel’’. Finally, in HRL 734609 dated

May 26, 1992, which concerned the
17608 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices

proper country of origin marking of

fruits and vegetables imported into the

U.S. from the Gaza Strip, Customs held

that the designation ‘‘West Bank’’ is not

an acceptable country of origin marking

because the United States does not

recognize the West Bank territory as an

independent political entity.

Consequently, Customs stated in HRL

734609 that as the Gaza Strip has a

similar status as the West Bank, the

country of origin markings, ‘‘IsraelOccupied Gaza,’’ ‘‘Made in Israel,’’ or

‘‘Israel’’ but not simply the word ‘‘Gaza’’

can be used on goods which are

produced in Gaza.

Recognition of West Bank and Gaza

Strip

The Department of State has advised

that in accordance with the Israeli-PLO

Declaration of Principles on Interim

Self-Government Arrangements (‘‘the

DOP’’), which was signed in

Washington, D.C. on September 13,

1993, Israel has agreed to transfer

certain powers and responsibilities to

the Palestinian Authority. Under this

Agreement, Israel has also consented to

make a similar transfer to a superseding,

elected Palestinian Council, as part of

interim self-governing arrangements in

the West Bank and Gaza Strip. As part

of this Agreement, the Palestinian

Authority has agreed to administer its

own tariff revenue collection and other

customs matters. The Palestinian

Authority also acceded to set its own tax

policy under the terms of an

implementing agreement which was

concluded in Cairo on May 4, 1994. In

view of these recent developments, the

U.S. Department of the State has

advised the U.S. Department of the

Treasury by letter dated October 24,

1994, that, in their view, the primary

purpose of 19 U.S.C. 1304 would be best

served if goods which are produced in

the West Bank and Gaza Strip are

permitted to be marked ‘‘West Bank’’ or

‘‘Gaza Strip.’’ The Department of State

believes that labeling goods as coming

from the ‘‘West Bank’’ or ‘‘Gaza’’ will

provide American purchasers with

important information indicating their

origin, which is the primary purpose of

19 U.S.C. 1304.

Reliance Upon Advice From State

Department

Customs has previously relied upon

advice received from the U.S.

Department of State in making

determinations regarding the ‘‘country

of origin’’ of a good for marking

purposes. In T.D. 49743 dated

November 10, 1938, the question was

whether products imported from

German-occupied territories were

regarded as products of Germany for the

purposes of the marking provisions of

the Tariff Act of 1930, and for

determining applicable rates of duty.

Based upon instructions given by the

U.S. Department of State, Customs held

that as a result of a change in

jurisdiction from Czechoslovak to

German in the Sudeten areas which

were under German occupation,

products which were manufactured in

those areas and were exported on or

after the date of German occupation

were considered products of Germany

for purposes of country of origin

marking.

In United States v. Friedlaender &

Co., Inc., C.C.P.A. (February 26, 1940),

the issue involved the proper country of

origin marking of imported merchandise

which was wholly manufactured in

Czechoslovakia, except at the time the

goods were exported, the territory in

which the goods were manufactured

was under German occupation. Customs

held that marking the goods as products

of Czechoslovakia was not acceptable,

based upon instructions set forth in T.D.

49743. The court agreed with Customs

and held that as the goods were

exported at a time when that part of

Czechoslovakia in which the goods were

manufactured was under German

occupation, the marking

‘‘Czechoslovakia’’ was not in

compliance with the requirements of the

marking statute, and the goods should

be marked to indicate ‘‘Germany’’ as the

country of origin. However, in a later

Treasury Decision (T.D. 51360 dated

November 30, 1945), the position taken

by Customs in T.D. 49743 was

rescinded. In T.D. 51360, Customs

stated that the U.S. Department of State

advised that the boundaries of

Czechoslovakia had been reestablished

as they existed prior to the date of the

occupation by Germany, and that the

United States recognized

Czechoslovakia as an independent state.

Based upon this information, Customs

reversed the position taken in T.D.

49743, and concluded that articles

which were manufactured or produced

in Czechoslovakia after May 8, 1945,

should be regarded as products of

Czechoslovakia for purposes of the

marking provisions of the Tariff Act of

1930.

Accordingly, consistent with prior

Customs decisions, Customs is relying

upon advice from the Department of

State for purposes of defining the term

‘‘Country’’ within the meaning of

section 134.1(a), Customs Regulations

(19 CFR 134.1(a)).

Revocation of Prior Rulings

On November 23, 1994, Customs

issued telex 6327071, which stated that

Customs was proposing to change its

position regarding the country of origin

marking requirements for goods made in

the West Bank and Gaza Strip. In the

telex, Customs stated that effective

immediately merchandise which is

produced in the West Bank or Gaza

Strip may be properly marked with the

words ‘‘West Bank,’’ ‘‘Gaza,’’ or ‘‘Gaza

Strip,’’ without the words ‘‘Israel,’’

‘‘Product of Israel,’’ or ‘‘Israeli-Occupied

West Bank,’’ or words of similar

meaning, also appearing in the marking

designation. The telex further stated that

Customs would publish a notice in the

Customs Bulletin requesting public

comment on the modification or

revocation of prior rulings concerning

this matter. However, it was further

noted in the telex that until such

modification or revocation is effected,

the prior rulings concerning the proper

marking of goods made in the West

Bank or Gaza Strip would remain valid

and goods may continue to be marked

in accordance with them.

On February 8, 1995, Customs

published a notice in the Customs

Bulletin (Volume 29, Number 6),

proposing to revoke Headquarters

Ruling Letters (HRL—s) 718329, 718125,

730094, and 734609, to reflect the

position that goods which are produced

in the West Bank or Gaza Strip shall be

regarded as a product of the West Bank

or Gaza Strip in accordance with the

requirements of 19 U.S.C. 1304 and 19

CFR Part 134, and shall be marked as

‘‘West Bank,’’ ‘‘Gaza’’ or ‘‘Gaza Strip,’’

and shall not contain the words

‘‘Israel,’’ ‘‘Made in Israel,’’ ‘‘Occupied

Territories-Israel,’’ or words of similar

meaning.

Two comments received in response

to the February 8, 1995, Customs

Bulletin notice both of which were

favorable to the Customs proposal. One

commenter, however, suggested that

Customs expand the proposed position

by allowing goods which are produced

in the West Bank or Gaza Strip to be

marked as ‘‘West Bank,’’ ‘‘Gaza,’’

‘‘Palestine,’’ ‘‘West Bank, Palestine,’’ or

‘‘Gaza, Palestine.’’ The U.S. Department

of State has not identified the area

within the West Bank or Gaza Strip as

one that should be recognized as

‘‘Palestine.’’ Therefore, articles which

are produced in the West Bank or Gaza

Strip may not be marked as products of

‘‘Palestine.’’

New Position

This document notifies the public that

unless excepted from marking, goods
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17609

which are produced in the territorial

areas known as the West Bank or Gaza

Strip shall be marked as ‘‘West Bank,’’

‘‘Gaza,’’ or ‘‘Gaza Strip’’ in accordance

with the requirements of 19 U.S.C. 1304

and 19 CFR Part 134, and shall not

contain the words ‘‘Israel,’’ ‘‘Made in

Israel,’’ ‘‘Occupied Territories-Israel,’’ or

words of similar meaning. This

document also revokes prior ruling

letters (HRL’s 718329, 718125, 730094,

and 734609) regarding the country of

origin marking requirements for goods

which are produced in the West Bank

and Gaza Strip. For those persons whose

ruling is revoked, the position stated in

this document is effective for

merchandise which is entered or

withdrawn from warehouse for

consumption on or after 60 days from

the date this document is published in

the Customs Bulletin; for all other

persons, this document is effective on

the date of publication in the Federal

Register.

Dated: April 3, 1995.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 95–8454 Filed 4–5–95; 8:45 am]

BILLING CODE 4820–02–P

Fiscal Service

[Dept. Circ. 570, 1994 Rev., Supp. No. 17]

Surety Companies Acceptable on

Federal Bonds, American Reliable

Insurance Company

A Certificate of Authority as an

acceptable surety on Federal Bonds is

hereby issued to the following company

under Sections 9304 to 9308, Title 31,

of the United States Code. Federal bondapproving officers should annotate their

reference copies of the Treasury Circular

570, 1994 Revision, on page 34144 to

reflect this addition:

American Reliable Insurance Company.

Business Address: 8655 East Via De Ventura,

Scottsdale, Arizona, 85258. Phone: (602)

483–8666. Underwriting Limitation b/:

$1,899,000. Surety Licenses c/: AL, AK, AZ,

AR, CA, CO, DE, DC, FL, GA, HI, ID, IL, IN,

IA, KS, KY, LA, MD, MA, MI, MN, MS, MO,

MT, NE, NV, HH, NJ, NM, NY, NC, ND, OH,

OK, OR, PA, RI, SC, SD, TN, TX, UT, VA,

WA, WI, WY. Incorporated in: Arizona.

Certificates of authority expire on

June 30 each year, unless revoked prior

to that date. The Certificates are subject

to subsequent annual renewal as long as

the companies remain qualified (31 CF

part 223). A list of qualified companies

is published annually as of July 1 in

Treasury Department Circular 570, with

details as to underwriting limitations,

areas in which licensed to transact

surety business and other information.

Copies of the Circular may be

obtained from the Surety Bond Branch,

Funds Management Division, Financial

Management Service, Department of the

Treasury, Hyattsville, MD 20782,

telephone (202) 874–7116.

Dated: March 29, 1995.

Charles F. Schwan,

Director, Funds Management Division,

Financial Management Service.

[FR Doc. 95–8496 Filed 4–5–95; 8:45 am]

BILLING CODE 4810–35–M

[Dept. Circ. 570, 1994 Rev., Supp. No. 18]

Surety Companies Acceptable on

Federal Bonds; Reliance Insurance

Company of Illinois

A Certificate of Authority as an

acceptable surety on Federal Bonds is

hereby issued to the following company

under Sections 9304 to 9308, Title 31,

of the United States Code. Federal bondapproving officers should annotate their

reference copies of the Treasury Circular

570, 1994 Revision, on page 34174 to

reflect this addition:

Reliance Insurance Company of Illinois.

Business Address: 4 Penn Center Plaza,

Philadelphia, PA 19103. Phone: (215) 864–

4000. Underwriting limitation b: $1,464,000.

Surety License c/: IL Incorporated in: Illinois.

Certificates of Authority expire on

June 30 each year, unless revoked prior

to that date. The Certificates are subject

to subsequent annual renewal as long as

the companies remain qualified (31 CFR

part 223). A list of qualified companies

is published annually as of July 1 in

Treasury Department Circular 570, with

details as to underwriting limitations,

areas in which licensed to transact

surety business and other information.

Copies of the Circular may be

obtained from the Surety Bond Branch,

Funds Management Division, Financial

Management Service, Department of the

Treasury, Hyattsville, MD 20782,

telephone (202) 874–6507.

Dated: March 29, 1995.

Charles F. Schwan,

Director, Funds Management Division,

Financial Management Service.

[FR Doc. 95–8495 Filed 4–5–95; 8:45 am]

BILLING CODE 4810–35–M