CBP says marking exists to tell the ultimate purchaser in the United States where an imported article was made. The mark must be legible, in a conspicuous place and as indelible and permanent as the nature of the product allows. The regulation adds that it must survive normal distribution and store handling.
Not legal, customs or tax advice. General information from public pages; confirm with the authority, your customs broker or a lawyer.
The marking test
| Test | What the page says |
|---|---|
| Purpose | To inform the ultimate purchaser in the United States of the country in which the imported article was made |
| Legible | Adequate size and clear enough to be read easily by a person of normal vision |
| Conspicuous | In a conspicuous place, visible in normal handling without taking the item apart; the buyer must be able to find it easily and read it without strain |
| Permanent | As indelibly and permanently as the nature of the product will permit; it must survive normal distribution and store handling and stay on the article or its container until it reaches the ultimate purchaser unless deliberately removed |
| Worked in | The regulation points to marking worked into the article at the time of manufacture as the way to meet the requirements |
| Wording | The words made in are required only where another locality name appears on the article and could mislead; assembled in can also indicate origin |
| Containers | Usual containers imported filled carry the country of origin of the contents unless the contents are marked and the container opens easily |
Examples of articles outside the marking duty
- Articles incapable of being marked [1]
- Crude substances [1]
- Articles whose origin the ultimate purchaser necessarily knows [1]
- Articles valued at not more than 200 dollars that clear without a customs entry [1]
These are examples listed by CBP, not a test you can self-apply; the page suggests asking CBP for a binding ruling on complex questions [1]. Unmarked articles may attract additional duties unless properly marked, exported or destroyed under CBP supervision [1].
Wikipedia notes that Section 304 of the Tariff Act of 1930 requires most imports to be labelled for the ultimate purchaser [3].
Before the first US shipment
- [ ] Decide where on the product or its container the mark sits and say so in the brief (general practice)
- [ ] Check the mark is readable at normal viewing without opening the item [1]
- [ ] Prefer a mark made as part of manufacture over a loose label (regulation wording) [2]
- [ ] Ask the customs broker whether any exception applies [1]
Questions answered
What does country-of-origin marking tell the buyer?
CBP says the purpose is to tell the ultimate purchaser in the United States the country in which the imported article was made.
Does a mark have to be permanent?
CBP says as indelibly and permanently as the nature of the product permits, and the regulation says it must survive normal distribution and store handling.
Is made in always required wording?
CBP says the words made in are required only when another locality name appears on the article and could mislead the buyer; assembled in can also indicate origin.
Further reading
- Acceptable Terminology and Methods for Marking (Marking of Country of Origin on U.S. Imports), U.S. Customs and Border Protection
- 19 CFR 134.41 Marking requirements, legibility, conspicuousness, Electronic Code of Federal Regulations
- Country-of-origin labeling, Wikipedia
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General information, not legal, customs or tax advice. Your written quote and contract govern. Examples use invented numbers unless stated otherwise.