Country of Origin Marking of Products from the West Bank and Gaza
| Published date | 23 December 2020 |
| Citation | 85 FR 83984 |
| Record Number | 2020-28547 |
| Section | Notices |
| Court | U.s. Customs And Border Protection |
83984
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
the estimated annual number of
respondents.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. chapter 35, as
amended.
Dated: December 17, 2020.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S.
Coast Guard.
[FR Doc. 2020–28333 Filed 12–22–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 20–19]
Country of Origin Marking of Products
from the West Bank and Gaza
AGENCY
: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION
: General notice.
SUMMARY
: This document notifies the
public that, for country of origin
marking purposes, imported goods
produced in the West Bank, specifically
in Area C under the Israeli-Palestinian
Interim Agreement (the Oslo Accords),
signed on September 28, 1995, and the
area known as ‘‘H2’’ under the Israeli-
Palestinian Protocol Concerning
Redeployment in Hebron and Related
Documents (the Hebron Protocol),
signed January 17, 1997, must be
marked to indicate their origin as
‘‘Israel,’’ ‘‘Product of Israel,’’ or ‘‘Made
in Israel.’’ Goods produced in the West
Bank, specifically in Areas A and B
under the Oslo Accords and the area
known as ‘‘H1’’ under the 1997 Hebron
Protocol, must be marked to indicate
their origin as ‘‘West Bank,’’ ‘‘Product of
West Bank,’’ or ‘‘Made in West Bank.’’
Goods produced in Gaza must be
marked to indicate their origin as
‘‘Gaza,’’ ‘‘Product of Gaza,’’ ‘‘Made in
Gaza,’’ ‘‘Gaza Strip,’’ ‘‘Product of Gaza
Strip,’’ or ‘‘Made in Gaza Strip.’’
Imported goods from any of these
territorial areas must not include ‘‘West
Bank/Gaza,’’ ‘‘West Bank/Gaza Strip,’’
‘‘West Bank and Gaza,’’ or words of
similar meaning.
DATES
: The position set forth in this
document is applicable as of December
23, 2020. A transition period will be
granted for importers to implement
marking consistent with this notice.
Products from the West Bank or Gaza,
when entered or withdrawn from
warehouse for consumption into the
United States after March 23, 2021,
must be marked in accordance with the
position set forth in this notice, for
purposes of 19 U.S.C. 1304.
FOR FURTHER INFORMATION CONTACT
: For
legal matters, contact Yuliya A. Gulis,
Chief, Food, Textiles and Marking
Branch, Regulations and Rulings, Office
of Trade, (202) 325–0042 or
yuliya.a.gulis@cbp.dhs.gov. For policy
matters, contact Margaret Gray, Chief,
Trade Agreements Branch, Office of
Trade, (202) 253–0927 or FTA@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION
:
A. Background on Guidance from the
Department of State
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 United States 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
United States 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 of title 19
of the Code of Federal Regulations (19
CFR part 134), implements the country
of origin marking requirements and
exceptions of 19 U.S.C. 1304.
In Treasury Decision (T.D.) 95–25,
published in the Federal Register on
April 6, 1995 (60 FR 17607), the U.S.
Customs Service (U.S. Customs and
Border Protection’s predecessor agency)
discussed the proper country of origin
marking for imported goods produced in
the West Bank or Gaza Strip. Prior to the
issuance of T.D. 95–25, the U.S.
Customs Service 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-
Palestine Liberation Organization (PLO)
Declaration of Principles on Interim
Self-Government Arrangements (the
DOP), 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 or Gaza Strip were
permitted to be marked ‘‘West Bank’’ or
‘‘Gaza Strip.’’ Accordingly, the U.S.
Customs Service 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’’
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.
Subsequently, by letter dated January
13, 1997, the Department of State
advised the Department of the Treasury
that the Palestinian Authority asked that
the United States 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 the U.S. Customs
Service accept the country of origin
markings ‘‘West Bank/Gaza’’ and ‘‘West
Bank and Gaza’’ for products from those
areas, and that the U.S. Customs Service
continue to accept the markings ‘‘West
Bank,’’ ‘‘Gaza,’’ and ‘‘Gaza Strip.’’ Based
upon this advice, the U.S. Customs
Service notified the public in T.D. 97–
16, published in the Federal Register on
March 14, 1997 (62 FR 12269), that
acceptable country of origin markings
for imported goods produced in the
West Bank or Gaza Strip included the
following: ‘‘West Bank/Gaza,’’ ‘‘West
Bank/Gaza Strip,’’ ‘‘West Bank and
Gaza,’’ ‘‘West Bank and Gaza Strip,’’
‘‘West Bank,’’ ‘‘Gaza,’’ and ‘‘Gaza Strip.’’
By letter dated December 1, 2020, the
Department of State has now advised
U.S. Customs and Border Protection
(CBP) that there has been no further
transfer of relevant authorities from
Israel to the Palestinian Authority since
issuance of the earlier guidance and
Israel continues to exercise relevant
authorities in areas of the West Bank.
The Department of State further advised
that it recognizes that Israel has
disengaged from Gaza and that Gaza and
the West Bank are politically and
administratively separate and should be
treated accordingly. In light of these
developments, and consistent with the
purposes of 19 U.S.C. 1304 of providing
important information to U.S.
purchasers, the Department of State
recommends that the country of origin
marking requirements for goods
produced in the West Bank or Gaza be
updated as set forth below in Section C
of this notice.
B. Reliance upon Guidance From the
Department of State
In the past, CBP (formerly the U.S.
Customs Service) has relied upon
guidance received from the Department
of State in making determinations
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83985
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
1
50 U.S.C. 4558(c)(1).
2
85 FR 18403 (Apr. 1, 2020).
3
DHS Delegation 09052, Rev. 00.1 (Apr. 1, 2020);
DHS Delegation Number 09052 Rev. 00 (Jan. 3,
2017).
4
85 FR 50035 (Aug. 17, 2020). The Attorney
General, in consultation with the Chairman of the
Federal Trade Commission, made the required
finding that the purpose of the voluntary agreement
may not reasonably be achieved through an
agreement having less anticompetitive effects or
without any voluntary agreement and published the
finding in the Federal Register on the same day. 85
FR 50049 (Aug. 17, 2020).
5
See 85 FR 78869 (Dec. 7, 2020). See also 85 FR
79020 (Dec. 8, 2020).
regarding the ‘‘country of origin’’ of a
good for marking purposes. As
described in detail in Section A, the
U.S. Customs Service relied on advice
from the Department of State in issuing
Treasury Decisions 95–25 and 97–16
pertaining to the country of origin
marking of imported goods produced in
the West Bank or Gaza. Accordingly,
and consistent with prior decisions,
CBP is relying upon advice from the
Department of State for purposes of
defining the term ‘‘country’’ within the
meaning of 19 CFR 134.1(a).
C. New Guidance from the Department
of State and Transition Period
Pursuant to the recent guidance from
the Department of State, this document
notifies the public that, for purposes of
19 U.S.C. 1304, the acceptable country
of origin markings for imported goods
produced in the territorial areas known
as the West Bank or Gaza Strip consist
of the following:
•Goods produced in the territorial
areas of the West Bank where Israel
continues to exercise relevant
authorities—specifically Area C under
the Oslo Accords and the area known as
‘‘H2’’ which is under Israeli
administrative control consistent with
the 1997 Hebron protocol—must be
marked as ‘‘Israel,’’ ‘‘Product of Israel,’’
or ‘‘Made in Israel.’’
•Goods produced in Areas A and B
under the Oslo Accords, which are
under the civilian oversight of the
Palestinian Authority for these
purposes, along with the area known as
‘‘H1’’ from the 1997 Hebron Protocol,
must be marked as ‘‘West Bank,’’
‘‘Product of West Bank,’’ or ‘‘Made in
West Bank.’’
•Goods produced in Gaza must be
marked as ‘‘Gaza,’’ ‘‘Product of Gaza,’’
‘‘Made in Gaza,’’ ‘‘Gaza Strip,’’ ‘‘Product
of Gaza Strip,’’ or ‘‘Made in Gaza Strip.’’
•Goods from any of these territorial
areas must not be marked in conjunctive
form, such as ‘‘West Bank/Gaza,’’ ‘‘West
Bank/Gaza Strip,’’ ‘‘West Bank and
Gaza,’’ or words of similar meaning.
Given commercial realities, affected
parties may need a transition period to
implement marking consistent with the
position announced in this notice.
Therefore, unless excepted from
marking, goods produced in the
territorial areas known as the West Bank
or Gaza Strip, which are entered or
withdrawn from warehouse for
consumption into the United States after
March 23, 2021, must be marked in
accordance with the position set forth
above, for purposes of 19 U.S.C. 1304.
Dated: December 18, 2020.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2020–28547 Filed 12–22–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2020–0016]
Meeting To Implement Pandemic
Response Voluntary Agreement Under
Section 708 of the Defense Production
Act
AGENCY
: Federal Emergency
Management Agency, DHS.
ACTION
: Announcement of meeting.
SUMMARY
: The Federal Emergency
Management Agency (FEMA) held a
series of meetings remotely via web
conference to implement the Voluntary
Agreement for the Manufacture and
Distribution of Critical Healthcare
Resources Necessary to Respond to a
Pandemic.
DATES
: The first meeting took place on
Monday, December 14, 2020, from 2 to
4 p.m. Eastern Time (ET). The second
meeting took place on Wednesday,
December 16, 2020, from 2 to 4 p.m. ET.
The third meeting took place on Friday,
December 18, 2020, from 11 a.m. to 1
p.m. ET.
FOR FURTHER INFORMATION CONTACT
:
Robert Glenn, Office of Business,
Industry, Infrastructure Integration, via
email at OB3I@fema.dhs.gov or via
phone at (202) 212–1666.
SUPPLEMENTARY INFORMATION
: Notice of
these meetings is provided as required
by section 708(h)(8) of the Defense
Production Act (DPA), 50 U.S.C.
4558(h)(8), and consistent with 44 CFR
part 332.
The DPA authorizes the making of
‘‘voluntary agreements and plans of
action’’ with, among others,
representatives of industry and business
to help provide for the national
defense.
1
The President’s authority to
facilitate voluntary agreements was
delegated to the Secretary of Homeland
Security with respect to responding to
the spread of COVID–19 within the
United States in Executive Order
13911.
2
The Secretary of Homeland
Security has further delegated this
authority to the FEMA Administrator.
3
On August 17, 2020, after the
appropriate consultations with the
Attorney General and the Chairman of
the Federal Trade Commission, FEMA
completed and published in the Federal
Register a ‘‘Voluntary Agreement for the
Manufacture and Distribution of Critical
Healthcare Resources Necessary to
Respond to a Pandemic’’ (Voluntary
Agreement).
4
Unless terminated prior to
that date, the Voluntary Agreement is
effective until August 17, 2025, and may
be extended subject to additional
approval by the Attorney General after
consultation with the Chairman of the
Federal Trade Commission. The
Agreement may be used to prepare for
or respond to any pandemic, including
COVID–19, during that time.
On December 7, 2020, the first plan of
action under the Voluntary
Agreement—the Plan of Action to
Establish a National Strategy for the
Manufacture, Allocation, and
Distribution of Personal Protective
Equipment (PPE) to Respond to COVID–
19 (Plan of Action)—was finalized.
5
The
Plan of Action established the Personal
Protective Equipment Sub-Committee to
Define COVID–19 PPE Requirements
(Sub-Committee).
The meetings covered by this notice
were held by the Sub-Committee to
implement the Voluntary Agreement.
The meetings were chaired by the
FEMA Administrator or his delegate,
and attended by the Attorney General or
his delegate and the Chairman of the
Federal Trade Commission or his
delegate. In implementing the Voluntary
Agreement, FEMA adheres to all
procedural requirements of 50 U.S.C.
4558 and 44 CFR part 332.
Meeting Objectives: The objectives of
the meetings were to:
(1) Establish priorities for COVID–19
PPE under the Voluntary Agreement;
(2) Identify the first tasks that should
be completed under the Plan of Action;
(3) Identify information gaps and
areas that merit sharing (from both
FEMA to private sector and vice versa);
and
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