Marking of Country of Origin on U.S. Imports
Oct. 21, 2024
What is the purpose of marking?
To inform the ultimate purchaser in the United States of the country in which the imported article was made.
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Who is the ultimate purchaser?
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.
In instances where the article is utilized for manufacturing purposes, the manufacturer or processor in the United States qualifies as the ultimate purchaser, provided that the procedure of processing the imported product brings about a significant transformation. This transformation acknowledges the imported item as a good of the United States in accordance with the NAFTA Marking Rules (19 CFR Part 102) or the textile rules of origin (19 CFR 102.21), depending on applicability.
What is meant by 'country'?
'Country' refers to the distinct political entity recognized as a nation. Regions such as colonies, possessions, or protectorates situated outside the parent country can be regarded as independent countries.
What is the country of origin?
The designation of the country where the article is manufactured, produced, or cultivated.
Does altering the article in a secondary country change the country of origin?
The country of origin can change in a secondary country under certain conditions:
- When further work or materials added in a second country results in a substantial transformation, creating a new product that possesses a different name, character, and use.
- For goods originating from a NAFTA country: If the second country is recognized as the country of origin based on NAFTA Marking Rules (19 CFR Part 102); or
- For items classified as textile or apparel products, regardless of their NAFTA origin status, if the general rules laid out in 19 CFR Part 102.21 classify the second country as the country of origin. Special considerations apply for textile products from Israel as per the guidelines in 19 CFR 12.130.
Is it necessary for the words made in or product of to precede the name of the country of origin?
The phrase 'made in' is mandatory only when the article or its container carries the name of any locality apart from that of the originating country, which could mislead the ultimate purchaser. The marking 'made in (country)' or phrases of similar meaning must be displayed close to, and in comparable font size to, the other locality to prevent confusion.
The words 'assembled in' may denote the country of origin for products that are ultimately assembled in that country. This can be supplemented by stating 'from components of (the name of the country or countries of origin of all the components).'
Should the marking be of a particular size?
Markings must be clearly legible, meaning they should be of a size sufficient for easy reading by an average person with normal vision.
Where should the marking be located?
Marking should appear in a conspicuous position on the article. Although it doesn't need to be the most visible location, it should be easily observable with casual handling. It should remain visible and not be obstructed by additional attachments or alterations.
How permanent must the marking be?
The item should be marked in a manner that is as indelible and permanent as is feasible, considering the nature of the product. Markings that cannot endure handling or any situation other than deliberate removal do not qualify as appropriate markings.
Abbreviations and Variant Spellings
Acceptable abbreviations should unmistakably signify the country’s name, for example, using 'Gt. Britain' for Great Britain or 'Luxemb' for Luxembourg. Similarly, variant spellings that clearly indicate the English name of the country, like 'Brasil' for Brazil and 'Italie' for Italy, are acceptable. However, it is always recommended to spell out the country’s name in its entirety to avoid any confusion.
However, abbreviations such as 'E.C.' for European Community or 'E.U.' for European Union are not acceptable as they do not specify an individual country’s origin.
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