Under 19 CFR 134, every imported article must be marked with its country of origin in English, in a conspicuous place, in a manner sufficient for the ultimate purchaser to identify origin. Marking must be permanent and legible. Exceptions exist for certain articles (raw materials, specific J-list items, articles for repair/return). USMCA-qualifying goods follow specific marking provisions. Non-compliance triggers CBP entry holds, marking duty (10% ad valorem), and possible Section 1592 penalties.
Country of origin marking is one of the most frequently violated rules in U.S. import compliance. The rules sit in 19 CFR 134, are technical, and apply differently depending on whether the goods qualify under a free trade agreement, what the ultimate purchaser is, and how the goods are packaged.
For SMB importers, marking errors cause two recurring problems: entries get held at the port (delays and demurrage), and marking duty (10% ad valorem) gets assessed when the marking can be cured at the port versus rejection.
The basic marking rule
Under 19 USC § 1304 and 19 CFR 134.11, every article imported into the U.S. must be marked with the English name of the country of origin in a conspicuous place, as legibly, indelibly, and permanently as the nature of the article will permit.
The “ultimate purchaser” – typically the last person in the U.S. who receives the goods in the form they were imported – is the audience the marking must reach.
What “country of origin” means under marking rules
Country of origin for marking purposes is the country where the article was wholly grown/produced or, if multi-country, where it underwent its last “substantial transformation.” This is the same country-of-origin concept used for Section 301, AD/CVD, and quota purposes – but the test (substantial transformation) is the marking-rules test, which can differ from the FTA-specific tests.
For USMCA: under 19 CFR 102, goods that qualify under USMCA use the USMCA marking rules (essentially a tariff-shift rule applied at the marking level). Goods that do not qualify use the substantial transformation test.
How marking must be done
- In English. (Spanish or French marking is not sufficient even if widely understood.)
- Conspicuous – not hidden, not on a removable tag, not on packaging that the ultimate purchaser will discard.
- Permanent – for goods, must withstand normal handling. Stamping, etching, embroidery, woven labels for textiles, molding into the product.
- Legible – clear typeface, sufficient size for the article.
- Phrasing – “Made in [Country]” is standard. “Product of [Country]” or simply “[Country]” can be acceptable depending on context.
Common exceptions and how to use them
Container marking exception
When the imported article cannot reasonably be marked (small parts, raw materials, certain food items), the outer container can be marked instead. Requires that the article remain in the marked container until reaching the ultimate purchaser.
J-List exception
CBP’s “J-List” (19 CFR 134.33) lists categories of articles excepted from marking – typically because marking is impractical (eggs, screws, raw materials, certain herbs).
Repair / return exception
Articles imported for repair and re-export, or returned articles, may be excepted if specific procedural requirements are met.
Pharmaceutical and similar exceptions
Specific marking rules for pharmaceuticals, food, alcohol, and tobacco coexist with the general 19 CFR 134 rules and sometimes prevail.
USMCA marking specifics
Goods that qualify under USMCA use the marking rules in 19 CFR 102. These are tariff-shift rules – based on whether non-originating components undergo a specified change in tariff classification within the USMCA region.
For a USMCA-qualifying good, the country of origin for marking purposes is the USMCA country where the last applicable tariff shift occurred. This is sometimes different from the country where the most “obvious” assembly occurred.
The practical implication: a good can be USMCA-qualifying for duty purposes (exempt from Section 122) and still be marked with a non-USMCA origin for substantial transformation purposes – though usually they align.
Marking duty and other penalties
- Marking duty: 10% ad valorem under 19 USC § 1304(f). Triggered when marking can be cured at port (e.g., re-marked there) but the importer chooses not to. Avoidable.
- Entry holds: CBP can refuse delivery until marking is corrected. Causes demurrage, delivery delays, lost sales.
- Section 1592 penalties: for false statements about country of origin (not just marking errors but origin misrepresentation). Up to the value of the merchandise plus penalty multiples.
Frequently asked questions
What if my product is too small to mark?
Use the container marking exception (19 CFR 134.32(d)). Mark the outer container; ensure the article stays in the container until the ultimate purchaser receives it.
Does USMCA change marking rules?
For USMCA-qualifying goods, the marking country of origin is determined under 19 CFR 102 (tariff-shift rules) rather than substantial transformation. Often the same answer; sometimes different.
What is marking duty?
10% ad valorem assessed when marking is wrong but curable, and the importer chooses not to cure. Avoidable by re-marking at the port or destroying the unmarked goods.
Do I need to mark goods that go directly to industrial users?
The marking rule applies to the “ultimate purchaser.” If the ultimate purchaser is a manufacturer who will substantially transform the goods into a different product, marking may be excepted under 19 CFR 134.35.
Can I use “Imported from China” instead of “Made in China”?
No. The marking must indicate the country where the goods were manufactured/grown – “Made in” or “Product of” – not where they were imported from.
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COO marking errors are the #2 cause of CBP entry holds. We review marking compliance as part of any classification review engagement.