Country of Origin Marking: What US Importers Must Do

What the law requires

Under 19 U.S.C. § 1304, a foreign-origin article generally needs a visible, legible and durable origin mark. Some exceptions allow the container to carry the mark. For goods sold at retail in their imported form, the retail customer is generally the ultimate purchaser.

Use 19 CFR Part 134 to check the language, placement and durability of the mark.

• Use the English country name by default. Under § 134.45, qualifying goods of a USMCA country may use English, French or Spanish.
• Conspicuous. Visible without taking the product apart, and easy to see with normal handling. CBP also expects the mark to be large enough for a person of normal vision to read.
• Permanent enough to survive handling. It must stay on through normal distribution until it reaches the buyer, and come off only if someone deliberately removes it.
• Review other place names on the product and package. Under § 134.46, a potentially misleading place name can require “Made in,” “Product of,” or equivalent wording next to it, with the origin mark at least as large. Section 134.47 gives separate placement rules for place names in trademarks, trade names and souvenir markings.

Plan for the mark to be present at importation under 19 CFR 134.11. A correction after arrival requires customs supervision to qualify for the marking-duty remedy.

How to decide the country of origin

Most sellers source finished goods from one factory, and the answer is obvious. The question gets harder when components come from one place and assembly happens in another.

The basic definition

19 CFR 134.1 defines country of origin as the country of manufacture, production or growth. If work or materials are added in a second country, that country becomes the origin only when the work amounts to a “substantial transformation,” meaning the product becomes a new article with a different name, character or use. Simple steps such as repackaging, adding a label or minor finishing generally do not do that.

Assembled products

Document where major components are made and what each assembly step does. The origin determination depends on the applicable rules and the facts of the operation. If the result is unclear, request a CBP binding ruling before approving the label.

Goods from Canada and Mexico

Use 19 CFR Part 102 to determine marking origin where the USMCA-country rules apply. See our guide to USMCA rules of origin for the separate question of tariff preference eligibility.

Origin is not the country of export

Record both where the product was made and where the shipment departed. For example, consolidation in Vietnam leaves the origin of a finished Chinese product unchanged.

How and where to mark the goods

The best marking is part of the product itself. 19 CFR 134.41 says marking is best worked in at manufacture: die-sunk, molded in or etched on metal, glazed on during firing for earthenware, imprinted on paper. CBP’s publication lists branding, stenciling, stamping, printing and molding as the preferred methods, with other forms such as labels acceptable if they stay legible and conspicuous until the product reaches the buyer.

A practical way to think about it, by product type:

Containers and cartons

Check the packaging that reaches the ultimate purchaser. A container may carry the origin when a product marking exception applies. For a filled retail box, the rules take into account whether the contents are marked and can be inspected easily. Reusable containers such as steel drums may also need their own origin mark. See Subpart C of 19 CFR Part 134.

Shipping labels are a separate job

The origin mark is not the same as the labels that move cartons through the supply chain. For FBA and retail receiving, cartons also need scannable shipping labels. Details on the pallet and carton labeling side are covered in this overview of UCC-128 shipping label requirements. Keep the two straight: one tells the customer where the product was made, the other tells the warehouse where the carton belongs.

Exceptions: when marking is not required

19 CFR 134.32 lists 17 general exceptions. The ones most relevant to sellers:

• Articles incapable of being marked, or that cannot be marked before shipment without injury or at prohibitive expense.
• Crude substances.
• Articles imported for the importer’s own use and not for sale.
• Articles processed by or for the importer where the process necessarily destroys, hides or permanently covers the mark, subject to the conditions in § 134.32.
• Articles produced more than 20 years before importation.
• US products exported and returned.
• Under USMCA, original works of art and a few specific ceramic and semiconductor items.

Confirm the exact exception before approving the artwork. Even if the article is excepted, the packaging that reaches the ultimate purchaser usually still needs an origin mark unless a separate exception applies.

Some products also carry labeling rules beyond origin: fabric content and care instructions for clothing, warnings on tobacco, and labeling for food, pharmaceuticals and automobiles. Origin marking is only one layer on those goods.

What happens if goods arrive unmarked

There are two consequences to plan for.

An additional 10% duty. Under 19 U.S.C. § 1304(i), the duty applies to improperly marked goods unless the importer corrects the marking, exports the goods or destroys them under customs supervision before liquidation.

A possible hold. Under 19 CFR 134.3, goods in CBP custody for examination may be held pending marking or a deposit of estimated marking duty or adequate security.

Marking duty is charged in addition to other applicable duties.

A worked example

Say you import 5,000 silicone kitchen tools from a factory in Guangdong, with a final appraised value of $25,000. The tools are packed in printed retail boxes, with no origin text on the product or the box. At entry, customs examines the shipment and finds no country marking.

If the shipment does not qualify for a supervised remedy, the additional marking duty is 10% of $25,000, or $2,500, on top of the other applicable duties.

Build marking into your supplier routine

Marking is cheapest and safest when you settle it before production. Use this sequence with every new product:

1. Confirm the origin. Ask your supplier where each major stage happens. If anything is finished, assembled or processed in a second country, work out whether that is a substantial transformation before you print anything.
2. Write the mark into the purchase order. Specify the exact English wording (for example “Made in China”), where it goes, and the method (molded, printed, sewn-in label).
3. Approve a sample. Check that the mark is visible without disassembly, readable, and will survive handling.
4. Check retail packaging. Confirm which mark the buyer can see and whether the packaging needs its own marking under the container rules.
5. Match your paperwork. The commercial invoice should name the same country of origin as the product. Our guide to commercial invoice requirements covers what the invoice must contain.
6. Check before the cargo leaves. Review photos of finished goods and cartons before pickup, since correcting at the border is the expensive route.

FAQ

Does every imported product need a “Made in” label?

Foreign-origin goods generally need a conspicuous and durable country name, subject to exceptions. A potentially misleading place name can trigger additional wording and placement requirements. “Product of” is also acceptable where the rule calls for “Made in” or equivalent wording.

Is country of origin the same as country of export?

The export country is where the shipment departs. Marking origin follows the applicable manufacturing or production rules. Routing finished goods through a third country for consolidation leaves their origin unchanged.

What is the penalty for missing a country of origin mark?

An additional duty of 10% of appraised value can apply unless the goods are properly marked, exported or destroyed under customs supervision before liquidation. CBP can also hold goods in custody for examination pending marking, a duty deposit or adequate security.

Do I need a certificate of origin to meet the marking rule?

The marking rule concerns the physical mark on the product or its container. Origin certification is a separate requirement that can apply when claiming preferential tariff treatment. Keep the commercial invoice, supporting records and product marking consistent.

Can I add the mark after the goods arrive in the US?

Prepare the mark before importation. If the goods arrive incorrectly marked, contact your customs broker about a correction under CBP supervision before liquidation.