Marking requirements are the CBP regulations under 19 U.S.C. 1304 that require most imported articles to be conspicuously, legibly, and permanently marked with their country of origin in English. The purpose is to inform the ultimate purchaser where the product was manufactured. Failure to comply triggers a 10% marking duty on top of regular duties, potential penalties, and redelivery orders requiring the importer to retrieve and re-mark goods at their expense.
Why It Matters for Importers
Marking violations are among the most frequently cited issues in CBP examinations. Unlike classification or valuation disputes, which require legal analysis, marking violations are straightforward and easy for CBP officers to identify during a physical inspection. A product without a country of origin label — or with a label that is not in English, not permanent, or not conspicuous — is in violation.
The consequences are immediate and costly. CBP can refuse release of the goods until they are properly marked, assess a 10% ad valorem marking duty, or issue a redelivery notice requiring the importer to bring goods back to CBP custody for re-marking or exportation. Repeat violations increase scrutiny on future shipments.
Key Requirements
- Language: The country of origin must be stated in English (e.g., "Made in China," not "Hecho en China").
- Conspicuousness: The marking must be visible to the ultimate purchaser without opening the product or removing packaging that would normally remain intact.
- Permanence: The marking must not be easily removed, defaced, or destroyed during normal handling and use.
- Legibility: The marking must be readable by the ultimate purchaser under normal conditions.
- Location: The marking must be on the product itself whenever practicable. If not, it must be on the immediate container.
Common Pitfalls
Stickers that peel off during transit, markings on packaging that is discarded before the product reaches the consumer, and country of origin statements printed in tiny font on the bottom of products are all common violations. CBP interprets the rules strictly — the purpose is to ensure the final consumer knows the product's origin.
For a complete guide to determining and properly declaring country of origin, see our country of origin determination guide.