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Marking
Rules

The
Basics
Every article of foreign origin
entering the
United States
must be legibly marked
with the English name of the country of origin unless an exception
from marking is provided for in the law. The U.S. Customs Service
provides the following country of origin marking requirements for
goods imported into the
United States
.
The purpose of marking
is to inform the ultimate purchaser in the
United States
of the
country in which the imported article was made. The ultimate
purchaser falls into one of these categories:
•The ultimate
purchaser is generally the last person in the
United States
who will
receive the article in the form in which it was imported.
•If the article is a
good of a NAFTA country (
Mexico
or
Canada
), the
ultimate purchaser is the last person in the
United States
who purchased
the good in the form in which it was imported.
•If the article will
be used in manufacturing, the manufacturer or processor in the
United States
converting or
combining the imported article into a new and different article is
the ultimate purchaser.
•If the article is
sold at retail in its imported form, the purchaser at retail is
the ultimate purchaser.
•If an imported
article is distributed as a gift, the recipient of the gift is the
ultimate purchaser of the article, except if the good is a good of
a NAFTA country, in which case the purchaser of the gift is the
ultimate purchaser.
Q: What is meant by
country?
A: Country means the
political entity known as a nation. Colonies, possessions, or
protectorates outside the boundaries of the mother country are
considered separate countries.
Q: What is the country
of origin?
A: The country of
manufacture, production, or growth of the article.
Q: Does altering the
article in a second country change the country of origin?
A: Only if the further
work or material added to an article in the second country
constitutes a substantial transformation, or, for a good of a
NAFTA country, only if under the NAFTA Marking Rules (19 CFR Part
102) the second country is determined to be the country of origin
of the good. A substantial transformation also occurs if a new
article with a different name, character or use is created.
Q: Is it necessary for
the words made in or product of to precede the name of the country
of origin?
A: The phrase made in is
required only in the case where the name of any locality other
than the country or locality in which the article was manufactured
appears on the article or its container. The marking made in
(country), product of (country), or other words of similar meaning
must appear in close proximity to and in comparable size letters
of the other locality to avoid possible confusion.
Q: Should the marking be
of a particular size?
A: The marking must be
legible. This means it must be of an adequate size, and clear
enough, to be read easily by a person of normal vision.
Q: Where should the
marking be located?
A: In a conspicuous
place. It need not be in the most conspicuous place, but it must
be where it can be seen with a casual handling of the article.
Markings must be in a position where they will not be covered or
concealed by subsequent attachments or additions. The marking must
be visible without disassembling the item or removing or changing
the position of any parts.
Q: How permanent must
the marking be?
A: The article should be
marked as indelibly and permanently as the nature of the product
will permit. However, any reasonable method of marking that will
accomplish the purpose of the law is acceptable. Marking that will
not remain on the article during handling or for any other reason
except deliberate removal is not a proper marking.
Abbreviations
and Variant Spellings
Abbreviations that
unmistakably indicate the name of a country, such as “Gt.
Britain
” for
Great Britain
or
“Luxemb” for
Luxembourg
, are
acceptable. Variant spellings that clearly indicate the English
name of the country of origin, such as “Brasil” for
Brazil
and
“Italie” for
Italy
, are
acceptable.
Q: What are the
acceptable forms of marking?...
...Continued
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