Country of Origin Marking in International Shipping

In international shipping, according to U.S. laws, all international shipping/imported articles must be marked (labeled) with Country of Origin in purpose to protect potential consumers by providing information about where international shipping goods were made, manufactured, grown, etc. Country of Origin marking must be permitted (1), legible (2), and conspicuous (3).

PERMIT means that it must be on the international shipping product unit UNTIL the unit reaches its ultimate consumer.

LEGIBLE means it must be not too small, faint, or not in contrast. I.e., labels must show up against the background.

It also MUST STATE A COUNTRY (not a city or state). Some proven abbreviations are allowed, such as U.K., USSR, etc. See 134.45.

In international shipping, Made in is NOT REQUIRED. However, in some situations, MADE IN IS REQUIRE. For example, internationally shipping Brazilian nuts must be marked as Made in Brazil. I.e., it requires when Country of Origin appears next to U.S. locality or trade name, or something that can be used as objective in front of the internationally shipping product.

Marking for NAFTA can be in English, Spanish, or French.

Exemptions from marking by Section 304 (and by common sense) such as:

• International shipping articles entered or withdrawn for IE (Immediate Exportation) or for TE (Transportation and Exportation). Because it is not intended to be entered into U.S. Commerce.
• American international shipping goods return;
• International shipping products of possessions of the United States;
• International shipping products of American fisheries, which are free of duty.
• J List. Named from section 304 j of the tariff act of 1930. The product which CANNOT be marked. I.e., international shipping liquids, gases, bulk, live animals, etc.

In addition, the following classes are excepted from the Country of Origin marking:

• An international shipping article imported for use by the importer and not intended for sale;
• An international shipping article will be processed by the importer, and any mark of origin will be destroyed;
• An international shipping article with the respect that an ultimate purchaser in the U.S. by reason of circumstances must know the country of origin even though it is not marked.
• When it is a container marked, when reaches the consumer, then that satisfies the situation, UNLESS the container is not reusable (then it must be marked both: international shipping container and enclosure. Example: Russian Vodka in a crystal French bottle must be marked as Bottle - Made in France; Vodka - Produce of Russia.) I.e., bottles and the content must be marked for the content.

Exemption for international shipping ARTICLES CONSUMED BY IMPORTER:
If articles are going to be put in a larger unit, then it may not be marked.
Example: Circuit boards from Korea go into a PC made in Taiwan. The PC itself must be marked as Made in Korea from foreign components.

Other exemptions:

• The cost is prohibited to marks. Let's say internationally shipping items cost $5, but marking $10;
• Internationally shipping articles over 20 years old;
• Internationally shipping Gifts;
• International shipping articles under $5 of value;

Procedure if Customs finds that international shipping goods are not marked or marked improperly:

1. International shipping goods are detained;
2. Notice will be sent to the importer (CF28. Request for Information);
3. The Custom will release the international shipping goods to the importer for 30 days with the NOTICE OF REDELIVERY CF4647;
4. The importer has 30 days to mark international shipping goods and show them to the Customs at least tone sample (1); or export it (2); or destroy (3);
5. Having the sample, Custom will sign the NOTICE OF REDELIVERY CF4647 and make an official release for the international shipping goods.

PENALTY:

1. If an internationally shipping product is sold after 3 weeks of recall by Customs, an ADDITIONAL 10% OF VALUE OF THE PRODUCT MUST BE PAID. THAT CAN NOT BE DONE INTENTIONALLY. IF IT IS OUT OF THE IMPORTER'S CONTROL ONLY. Proof that goods had been sold before the Customs recall must be provided.
2. If the importer intentionally falsified a country of origin, the $5,000 FINE and 1 YEAR IN PRISON.
3. If the importer deliberately falsified the 4647, i.e., marked just one item for Customs and did not mark the rest, then $10,000 FINE and 5 YEARS IN PRISON.

Repacking Certificate:

The first importer, the importer of records, is liable for proper country of origin marking until international shipping goods are sold UNLESS international shipping goods are sold without marking with signed by buyer A REPACKING CERTIFICATE, which says that buyer will provide proper marking until goods reach its ultimate consumer. Example: It happens quite often. Let's say goods come in bulk in containers and are sold to different companies. Each buyer should sign the REPACKING CERTIFICATE.

Levels for determination of the Country of Origin:

Test question: NEW RULE FOR TEXTILE: If you cannot determine where sensational transformation had occurred, then the country of origin will be where THE LAST SIGNIFICANT OPERATION HAD OCCURRED.

334 RULE: The COO will be where goods are wholly produced, wholly grown, wholly made (1) OR where the record of tariff shift occurred (2). I.e., HTS# had been changed.
For internationally shipping textile where it had been neat to shape or wholly assembled.

If all this is done, then THE MOST IMPORTANT ASSEMBLY OR MANUFACTURING PROCESS HAS OCCURRED.

If there are 2,3 or more MANUFACTURING PROCESSES, then do to THE LAST COUNTRY where it had been done.

334 RULE by levels:

1. Wholly produced, wholly grown, wholly made;
2. Where the record of tariff shift occurred (2). I.e., HTS# had been changed;
3. For textile where it had been neat to shape or wholly assembled;
4. Wholly assembled;
5. If there are 2,3 or more MANUFACTURING PROCESSES, then do to THE LAST COUNTRY where it had been done.