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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?...

 

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