Country of Origin Marking in International Shipping

In international shipping, according 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 where international shipping goods were made, manufactured, grown etc. Country of Origin marking must be permit (1), legible (2), and conspicuous (3).

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

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

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

In international shipping Made in is NOT REQUIRES. However, in some situation 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• International shipping articles entered or withdrawn for IE (Immediate Exportation) or for TE (Transportation and Exportation).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 the section 304 j of the tariff act of 1930. Product, which are 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 importer and not intended for sale;
• An international shipping articles which 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 U.S. by a 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 than 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 itself.
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 find 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. Then Custom will release the international shipping goods to the importer for 30 days with the NOTICE OF REDELIVERY CF4647;
4. Importer has 30 days to mark international shipping goods and show to the Customs at leas tone sample (1); or export it (2); or destroy (3);
5. Having the sample Custom will sign the NOTICE OF REDELIVERY CF4647 and make official release for the international shipping goods.

PENALTY:

1. If an internationally shipping product sold after 3 weeks of recall by Customs, then ADDITIONAL 10% OF VALUE OF THE PRODUCT must be paid. THAT CANNOT BE DONE INTENTIONALLY. IF IT IS OUT OF IMPORTER'S CONTROL ONLY. A proof that goods had been sold before Customs recall it must be provided.
2. If importer intentionally falsified a country of origin, the $5,000 FINE and 1 YEAR IN PRISON.
3. If importer deliberately falsified the 4647, i.e. marked just one item for Customs and did not marked 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 will reach its ultimate consumer. Example: It happens quite often. Let's say goods came in bulk in containers and sold to different companies. Each one buyer should sing the REPACKING CERTIFICATE.

Levels for determination the Country of Origin:

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

334 RULE: The COO will be where goods 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 done then THE MOST IMPORTANT ASSEMBLY OR MANUFACTURING PROCESS HAD 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.