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Country of Origin and Marking

The origin of an article will affect its admissibility, the rate of duty, its entitlement to special duty or trade preference programs (such as: GSP, NAFTA & CBI), antidumping, and government procurement.

Unless an exception applies, all goods of foreign origin, and their containers, must be marked clearly and conspicuously in English with the country of origin of the article. 

The failure to properly mark an article or its container with its country of origin can result in the delay of the release of the goods, or cause Customs to demand that the articles be returned to Customs custody.  The failure to timely return goods (or more), to Customs custody can result in the assessment of liquidated damages equal to the value of the goods and special marking penalties equal to 10% of the value of the merchandise may apply.

Determining the correct country of origin of imported articles is critical under section 484 of the Tariff Act, as amended (19 U.S.C. 1484 ), the importer is responsible for using reasonable care when entering merchandise and providing information necessary to enable Customs to determine whether all applicable legal requirements have been met.  The failure of an importer to exercise reasonable care in identifying the origin of merchandise result in the imposition of penalties, loss of special duty or trade preferences, and in some cases, result in the exclusion or seizure of merchandise.

Our attorneys and support staff are thoroughly versed with all aspects of Customs Country of Origin rules, whether it's for Marking, GSP or NAFTA eligibility, or for the admissibility of textile and apparel articles. 

We can assist your company in determining the correct origin of merchandise under any Customs program, prepare binding ruling requests, respond to a notice of marking, or challenge a country of origin determination by Customs.

Additional information on Country of Origin can be found by clicking on any of the following topics:

Further Reading:

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