SENATE MEMORIAL 55

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Eric G. Griego

A MEMORIAL

REQUESTING THAT UNITED STATES CUSTOMS AND BORDER PROTECTION AMEND FEDERAL RULES TO PROHIBIT DETACHABLE COUNTRY-OF-ORIGIN MARKERS ON IMPORTED NATIVE AMERICAN-STYLE ARTS AND CRAFTS PRODUCTS.

     WHEREAS, New Mexico Indian arts and crafts are a vital and vibrant component of New Mexico's cultural, historic and economic fabric; and

     WHEREAS, New Mexico is home to many Indian artists and craftspeople who depend on income derived from the sale of their arts and crafts; and

     WHEREAS, New Mexico's Indian artists and craftspeople are world-renowned for the beauty, quality and integrity of their work; and

     WHEREAS, visitors come to New Mexico from around the world to buy Indian arts and crafts; and

     WHEREAS, in recent decades, the integrity and legitimacy of these arts and crafts, and especially of jewelry, that are sold as authentic New Mexico Indian handmade items have been under assault from sellers who falsely represent copies and knock-offs as being authentic Indian-made arts and crafts; and

     WHEREAS, copies and knock-offs of authentic Indian hand-crafted jewelry and arts and crafts are produced in mass quantities in foreign countries, including countries in Asia, the Pacific Rim and Central and South America; and

     WHEREAS, these copies and knock-offs of authentic Indian hand-crafted jewelry and arts and crafts are imported into the United States pursuant to United States customs regulations, including 19 CFR Subpart E, Sections 134.43(c) and (d); and

     WHEREAS, 19 CFR Subpart E, Sections 134.43(c)(2) and (d)(2) mandate that Native American-style jewelry and arts and crafts be indelibly marked with the country of origin by cutting, die-sinking, engraving, stamping or some other permanent method; and

     WHEREAS, 19 CFR Subpart E, Sections 134.43(c)(3) and (d)(3) both provide an exception to the requirement of permanent marking of country of origin if it is deemed technically or commercially infeasible to mark in the permanent manner otherwise required, allowing instead for marking by means of a string tag or adhesive label securely affixed to the item or some similar manner of marking; and

     WHEREAS, foreign businesses exporting copies and knock-offs of Indian arts and crafts and jewelry routinely take advantage of this exception to the use of a permanent, indelible method of identifying the country of origin and routinely use string tags or adhesive labels; and 

     WHEREAS, those string tags and adhesive labels are routinely removed once the goods are approved and passed by United States customs; and

     WHEREAS, the copies and knock-offs of Indian arts and crafts are then routinely sold in the marketplace as authentic Indian handmade items or are otherwise misrepresented; and

     WHEREAS, this practice has caused serious damage to New Mexico Indian artists and craftspeople, as well as to consumers who are defrauded by the practice; and

     WHEREAS, misrepresenting the authenticity of Indian arts and crafts in New Mexico is a violation of the Indian Arts and Crafts Sales Act and of the Unfair Practices Act;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the commissioner of customs and border protection be requested to repeal or substantially modify the exception to the permanent, indelible marking of the country of origin for Native American-style jewelry and arts and crafts, as contained in 19 CFR Subpart E, Sections 134.43(c)(3) and (d)(3), for the purpose of ending this exception that allows massive fraud to occur in New Mexico; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of homeland security, the commissioner of customs and border protection and the members of New Mexico's congressional delegation.

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