Marking of imported articles and containers
Marking of articles
Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations—
Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;
Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and
Authorize the exception of any article from the requirements of marking if—
Such article is incapable of being marked;
Such article cannot be marked prior to shipment to the United States without injury;
Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;
The marking of a container of such article will reasonably indicate the origin of such article;
Such article is a crude substance;
Such article is imported for use by the importer and not intended for sale in its imported or any other form;
Such article is to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, destroyed, or permanently concealed;
An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of such article even though it is not marked to indicate its origin;
Such article was produced more than twenty years prior to its importation into the United States;
Such article is of a class or kind with respect to which the Secretary of the Treasury has given notice by publication in the weekly Treasury Decisions within two years after
Such article cannot be marked after importation except at any expense which is economically prohibitive, and the failure to mark the article before importation was not due to any purpose of the importer, producer, seller, or shipper to avoid compliance with this section.
Marking of containers
Marking of certain pipe and fittings
Except as provided in paragraph (2), no exception may be made under subsection (a)(3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.
If, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the five methods specified in paragraph (1), the article may be marked by an equally permanent method of marking or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles.
Marking of compressed gas cylinders
Marking of certain castings
Marking of certain coffee and tea products
Marking of spices
Marking of certain silk products
The marking requirements of subsections (a) and (b) shall not apply either to—
articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on
articles provided for in heading 5007 of the Harmonized Tariff Schedule of the United States as in effect on
Additional duties for failure to mark
Delivery withheld until marked
Treatment of goods of a USMCA country
In applying this section to an article that qualifies as a good of a USMCA country (as defined in section 4502 of this title)—
the exemption under subsection (a)(3)(H) shall be applied by substituting “reasonably know” for “necessarily know”;
the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good—
is an original work of art; or
is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and
subsection (b) does not apply to the usual container of any good described in subsection (a)(3)(E) or (I) or paragraph (2)(A) or (B) of this subsection.
Penalties
Any person who, with intent to conceal the information given thereby or contained therein, defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required under the provisions of this chapter shall—
upon conviction for the first violation of this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and
upon conviction for the second or any subsequent violation of this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both.
Source
(June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687; June 25, 1938, ch. 679, § 3, 52 Stat. 1077; Aug. 8, 1953, ch. 397, § 4(c), 67 Stat. 509; Pub. L. 98–573, title II, § 207,Notes
Editorial Notes
References in Text
Prior Provisions
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
In general.—
The amendments made by this section [amending this section and sections 1509 and 1628 of this title] shall—
take effect on the date on which the USMCA enters into force [
apply with respect to a good entered for consumption, or withdrawn from warehouse for consumption, on or after that date.
Transition from nafta treatment.—
In the case of a good entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force—
the amendments made by this section shall not apply with respect to the good; and
the provisions of law amended by this section, as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the good.”
Effective Date of 2016 Amendment
Effective Date of 1999 Amendment
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
Effective Date of 1988 Amendment
The amendment made by paragraph (1) [amending this section] applies with respect to acts committed on or after the date of the enactment of this Act [
The conviction of a person under section 304(h) of the Tariff Act of 1930 [19 U.S.C. 1304(h)] for an act committed before the date of the enactment of this Act shall be disregarded for purposes of applying paragraph (2) of such subsection (as added by the amendment made by paragraph (1) of this subsection[)].”
Effective Date of 1984 Amendment
For purposes of this section, the term ‘15th day’ means the 15th day after the date of the enactment of this Act [
Except as provided in subsections (c), (d), and (e), the amendments made by this title [enacting sections 58b, 1339, and 1627a of this title, amending sections 81c, 81o, 1313, 1330, 1431, 1498, 1555, 2192, 2251, 2253, and 2703 of this title, section 925 of Title 18, Crimes and Criminal Procedure, and section 162 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 2, 81c, 81o, and 1339 of this title, and section 162 of Title 26] shall take effect on the 15th day.
The amendment made by section 204 [amending section 1441 of this title] shall apply with respect to vessels returning from the British Virgin Islands on or after the 15th day.
The amendments made by section 207 [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those articles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States.
The amendment made by section 208 [amending section 1466 of this title] shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day.
Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act [
made before the 15th day but not liquidated as of
made before the 15th day but which is the subject of an action in a court of competent jurisdiction on
with respect to which there would have been no duty if the amendment made by section 208 applied to such entry,
shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated or reliquidated as though such entry had been made on the 15th day.
The amendments made by section 209 [enacting section 1484a of this title and amending section 1202 of this title] shall apply with respect to articles launched into space from the customs territory of the United States on or after
The amendment made by section 210(a) [amending section 1505 of this title] shall take effect on the 30th day after the date of the enactment of this Act [
The amendment made by section 210(b) [amending section 1520 of this title] shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act [
The amendments made by section 212 [amending sections 1520, 1564, and 1641 of this title and sections 1581, 1582, 2631, 2636, 2640, and 2643 of Title 28, Judiciary and Judicial Procedure] shall take effect upon the close of the 180th day following the date of the enactment of this Act [
Section 641(c)(1)(B) and section 641(c)(2) of the Tariff Act of 1930, as added by such section [19 U.S.C. 1641(c)(1)(B), (2)], shall take effect three years after the date of the enactment of this Act [
The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 [no subsec. (c) of section 212 was enacted] shall take effect on such date of enactment [
A license in effect on the date of enactment of this Act [
Any proceeding for revocation or suspension of a license instituted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act [
If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances.
The amendments made by section 213 [enacting sections 1589a, 1613b, and 1616a of this title, amending sections 1602, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, and 1619 of this title and repealing section 7607 of Title 26, Internal Revenue Code] shall take effect