Country of Origin Marking Requirements

Under 19 USC 1304, every article of foreign origin imported into the United States must be marked in a conspicuous place, as legibly, indelibly, and permanently as the nature of the article permits, to indicate the country of origin to the ultimate purchaser. The marking must be in English.

The country of origin for marking purposes is determined by where the article underwent its last 'substantial transformation' — a manufacturing process that results in a new and different article of commerce with a new name, character, or use. Simple assembly, packaging, or minor processing generally does not constitute substantial transformation.

Certain goods are exempt from marking requirements under 19 CFR 134.32, including goods that are incapable of being marked, goods imported for the importer's personal use, and certain crude substances. Failure to properly mark goods can result in a 10% ad valorem duty penalty under 19 USC 1304(f), in addition to being required to re-mark or re-export the goods.