What is the penalty for improper marking?

CBP can assess a 10% marking duty on improperly marked goods, require re-marking at the importer's expense, and in severe cases refuse entry entirely.

Can I use 'Made in PRC' instead of 'Made in China'?

No. CBP requires the English name that the general public would recognize. 'China' is acceptable; 'PRC' (People's Republic of China) is generally not.

Compliance

What is Marking Requirements?

CBP rules requiring imported goods to be marked with the country of origin in English, per 19 U.S.C. section 1304. In the context of U.S. customs and tariff recovery, understanding marking requirements is essential for navigating the CAPE refund process and ensuring accurate duty assessment.

Definition

CBP marking requirements mandate that every article of foreign origin imported into the United States must be conspicuously and legibly marked with the English name of the country of origin, per 19 U.S.C. section 1304. The marking must be permanent, legible, and in a location where it will be seen by the ultimate purchaser. Certain products have specific marking rules (e.g., pipe and fittings must be marked by die-stamping or casting). Failure to comply can result in marking duties of 10% of the customs value, liquidated damages, and CBP holds.

How Marking Requirements Relates to Tariff Refunds

Marking requirements are a compliance obligation separate from duty assessment. Non-compliance does not affect CAPE refund eligibility, but it can trigger CBP enforcement actions (holds, penalties) that delay cargo release and entry processing.

Example

An importer receives a CBP marking notice because containers of kitchen utensils from China are marked 'Made in PRC' instead of 'Made in China.' CBP requires re-marking before release, adding 10 days of delay and demurrage charges.

Frequently Asked Questions

What is the penalty for improper marking?: CBP can assess a 10% marking duty on improperly marked goods, require re-marking at the importer's expense, and in severe cases refuse entry entirely.
Can I use 'Made in PRC' instead of 'Made in China'?: No. CBP requires the English name that the general public would recognize. 'China' is acceptable; 'PRC' (People's Republic of China) is generally not.

Legal References

19 U.S.C. § 1304 — Country of Origin Marking
19 CFR Part 134 — Country of Origin Marking Requirements

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