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Dr. Aaron Lerner – IMRA: While the timing of the reminder issued 23 January
2016 is hardly just a technical matter it is noteworthy that the original
notice in the Federal Register from March 14, 1997, lays the blame for the
marking requirement on Oslo! (“principally the Israeli-PLO Declaration of
Principles on Interim SelfGovernment Arrangements”}.
Here is the text of the explanation:
+++++
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
SelfGovernment 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.’’
+++++
———————–
U.S. Customs and Border Protection
CSMS Cargo Systems Messaging Service
CSMS #16-000047
http://apps.cbp.gov/csms/viewmssg.asp?Recid=21420&page=&srch_argv=gaza&srchtype=&btype=&sortby=&sby#att
Title: West Bank Country of Origin Marking Requirements
Date: 1/23/2016 12:13:08 PM
To: Automated Broker Interface, ACE Outreach Events, ACE Portal Accounts,
ACE Reports, Air Manifest, Export, New ACE Programming, Ocean Manifest,
Partner Government Agencies, Rail Manifest, Truck Manifest
See attachments
The purpose of this message is to provide guidance to the trade community
regarding the country of origin marking requirements for goods that are
manufactured in the West Bank.
Per Treasury Decisions 95-25 and 97-16 (see attachments), unless excepted by
statute (19 U.S.C. §1304) or regulation (19 C.F.R. §134), goods produced in
the West Bank or Gaza Strip shall be marked as originating from ‘‘West Bank,’’
‘‘Gaza,’’ ‘‘Gaza Strip,’’ ‘‘West Bank/Gaza,’’ ‘‘West Bank/Gaza Strip,’’
‘‘West Bank and Gaza,’’ or ‘‘West Bank and Gaza Strip.’’ It is not
acceptable to mark the aforementioned goods with the words ‘‘Israel,’’
‘‘Made in Israel,’’ ‘‘Occupied Territories-Israel,’’ or any variation
thereof. Goods that are erroneously marked as products of Israel will be
subject to an enforcement action carried out by U.S. Customs and Border
Protection. Goods entering the United States must conform to the U.S.
marking statute and regulations promulgated thereunder.
This message in no way supersedes prior rulings or regulations, nor does it
impose additional requirements with respect to merchandise imported from the
West Bank, Gaza Strip, or Israel.
Attachment(s): T_D___97_16__03_14_97__West_Bank_Gaza_Marking.pdf
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Notices
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.
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
SelfGovernment 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 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
