19 Cfr 134

U.S. Customs and Border Protection, DHS; Treasury
removal or obliteration of the name,
mark, or trademark by reason of which
the articles were seized.
(b) Copyright violations. Articles forfeited for violation of the copyright
laws shall be destroyed.
(c) Articles bearing a counterfeit trademark. Merchandise forfeited for violation of the trademark laws shall be destroyed, unless it is determined that
the merchandise is not unsafe or a hazard to health and the Commissioner of
Customs or his designee has the written consent of the U.S. trademark
owner, in which case the Commissioner
of Customs or his designee may dispose
of the merchandise, after obliteration
of the trademark, where feasible, by:
(1) Delivery to any Federal, State, or
local government agency that, in the
opinion of the Commissioner or his designee, has established a need for the
merchandise; or
(2) Gift to any charitable institution
that, in the opinion of the Commissioner or his designee, has established
a need for the merchandise; or
(3) Sale at public auction, if more
than 90 days has passed since the forfeiture and Customs has determined
that no need for the merchandise has
been established under paragraph (c)(1)
or (c)(2) of this section.
[T.D. 79–159, 44 FR 31969, June 4, 1969, as
amended by T.D. 94–90, 59 FR 55997, Nov. 10,
1994; T.D. 97–91, 62 FR 61232, Nov. 17, 1997]

§ 133.53

Refund of duty.

If a violation of the trademark or
copyright laws is not discovered until
after entry and deposit of estimated
duty, the entry shall be endorsed with
an appropriate notation and the duty
refunded as an erroneous collection
upon exportation or destruction of the
prohibited articles in accordance with
§ 158.41 or § 158.45 of this chapter.
[T.D. 72–266, 37 FR 20678, Oct. 3, 1972, as
amended by T.D. 73–175, 38 FR 17447, July 2,
1973]

Subpart A—General Provisions
134.1 Definitions.
134.2 Additional duties.
134.3 Delivery withheld until marked and
redelivery ordered.
134.4 Penalties for removal, defacement, or
alteration of marking.

Subpart B—Articles Subject to Marking
134.11 Country of origin marking required.
134.12 Foreign articles reshipped from a
U.S. possession.
134.13 Imported articles repacked or manipulated.
134.14 Articles usually combined.

Subpart C—Marking of Containers or
Holders
134.21 Special marking.
134.22 General rules for marking of containers or holders.
134.23 Containers or holders designed for or
capable of reuse.
134.24 Containers or holders not designed
for or capable of reuse.
134.25 Containers or holders for repacked Jlist articles and articles incapable of
being marked.
134.26 Imported articles repacked or manipulated.

Subpart D—Exceptions to Marking
Requirements
134.31 Requirements of other agencies.
134.32 General exceptions to marking requirements.
134.33 J-List exceptions.
134.34 Certain repacked articles.
134.35 Articles substantially changed by
manufacture.
134.36 Inapplicability of marking exception
for articles processed by importer.

Subpart E—Method and Location of
Marking Imported Articles
134.41 Methods and manner of marking.
134.42 Specific method may be required.
134.43 Methods of marking specific articles.
134.44 Location and other acceptable methods of marking.
134.45 Approved markings of country name.
134.46 Marking when name of country or locality other than country of origin appears.
134.47 Souvenirs and articles marked with
trademarks or trade names.

PART 134—COUNTRY OF ORIGIN
MARKING
Sec.
134.0

Pt. 134

Subpart F—Articles Found Not Legally
Marked
134.51 Procedure when importation found
not legally marked.
134.52 Certificate of marking.

Scope.

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§ 134.0

19 CFR Ch. I (4–1–12 Edition)

134.53 Examination packages.
134.54 Articles released from Customs custody.
134.55 Compensation of Customs officers and
employees.
AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff Schedule of the United States), 1304, 1624.
SOURCE: T.D. 72–262, 37 FR 20318, Sept. 29,
1972, unless otherwise noted.

§ 134.0 Scope.
This part sets forth regulations implementing the country of origin marking requirements and exceptions of section 304 of the Tariff Act of 1930, as
amended (19 U.S.C. 1304), together with
certain marking provisions of the Harmonized Tariff Schedule of the United
States (19 U.S.C. 1202). The consequences and procedures to be followed when articles are not legally
marked are set forth in this part. The
consequences and procedures to be followed when articles are falsely marked
are set forth in § 11.13 of this chapter.
Special marking and labeling requirements are covered elsewhere. Provisions regarding the review and appeal
rights of exporters and producers resulting from adverse North American
Free Trade Agreement marking decisions are contained in subpart J of part
181 of this chapter.
[T.D. 81–290, 46 FR 58070, Nov. 30, 1981, as
amended by T.D. 89–1, 53 FR 51255, Dec. 21,
1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993]

Subpart A—General Provisions
§ 134.1 Definitions.
When used in this part, the following
terms shall have the meaning indicated:
(a) Country. ‘‘Country’’ means the political entity known as a nation. Colonies, possessions, or protectorates outside the boundaries of the mother
country are considered separate countries.
(b) Country of origin. ‘‘Country of origin’’ means the country of manufacture, production, or growth of any article of foreign origin entering the
United States. Further work or material added to an article in another
country must effect a substantial
transformation in order to render such
other country the ‘‘country of origin’’

within the meaning of this part; however, for a good of a NAFTA country,
the NAFTA Marking Rules will determine the country of origin.
(c) Foreign origin. ‘‘Foreign origin’’
refers to a country of origin other than
the United States, as defined in paragraph (e) of this section, or its possessions and territories.
(d) Ultimate purchaser. The ‘‘ultimate
purchaser’’ is generally the last person
in the United States who will receive
the article in the form in which it was
imported; however, for a good of a
NAFTA country, the ‘‘ultimate purchaser’’ is the last person in the United
States who purchases the good in the
form in which it was imported. It is not
feasible to state who will be the ‘‘ultimate
purchaser’’
in
every
circumstance. The following examples
may be helpful:
(1) If an imported article will be used
in manufacture, the manufacturer may
be the ‘‘ultimate purchaser’’ if he subjects the imported article to a process
which results in a substantial transformation of the article, even though
the process may not result in a new or
different article, or for a good of a
NAFTA country, a process which results in one of the changes prescribed
in the NAFTA Marking Rules as effecting a change in the article’s country of
origin.
(2) If the manufacturing process is
merely a minor one which leaves the
identity of the imported article intact,
the consumer or user of the article,
who obtains the article after the processing, will be regarded as the ‘‘ultimate purchaser.’’ With respect to a
good of a NAFTA country, if the manufacturing process does not result in one
of the changes prescribed in the
NAFTA Marking Rules as effecting a
change in the article’s country of origin, the consumer who purchases the
article after processing will be regarded as the ultimate purchaser.
(3) If an article is to be sold at retail
in its imported form, the purchaser at
retail is the ‘‘ultimate purchaser.’’
(4) If the imported article is distributed as a gift the recipient is the ‘‘ultimate purchaser’’, unless the good is a
good of a NAFTA country. In that case,
the purchaser of the gift is the ultimate purchaser.

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U.S. Customs and Border Protection, DHS; Treasury
(e) United States. ‘‘United States’’ includes all territories and possessions of
the United States, except the Virgin Islands, American Samoa, Wake Island,
Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
(f) Customs territory of the United
States. ‘‘Customs territory of the
United States,’’ as used in this chapter
includes the States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(g) Good of a NAFTA country. A ‘‘good
of a NAFTA country’’ is an article for
which the country of origin is Canada,
Mexico or the United States as determined under the NAFTA Marking
Rules.
(h) NAFTA. ‘‘NAFTA’’ means the
North American Free Trade Agreement
entered into by the United States, Canada and Mexico on August 13, 1992.
(i) NAFTA country. ‘‘NAFTA country’’ means the territory of the United
States, Canada or Mexico, as defined in
Annex 201.1 of the NAFTA.
(j) NAFTA Marking Rules. The
‘‘NAFTA Marking Rules’’ are the rules
promulgated for purposes of determining whether a good is a good of a
NAFTA country.
(k)
Conspicuous.
‘‘Conspicuous’’
means capable of being easily seen
with normal handling of the article or
container.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–1, 58 FR 69471, Dec. 30,
1993; T.D. 95–68, 60 FR 46362, Sept. 6, 1995]

§ 134.2

Additional duties.

Articles not marked as required by
this part shall be subject to additional
duties of 10 percent of the final appraised value unless exported or destroyed under Customs supervision
prior to liquidation of the entry, as
provided in 19 U.S.C. 1304(f). The 10 percent additional duty is assessable for
failure either to mark the article (or
container) to indicate the English
name of the country of origin of the article or to include words or symbols required to prevent deception or mistake.

§ 134.4

§ 134.3 Delivery withheld until marked
and redelivery ordered.
(a) Any imported article (or its container) held in CBP custody for inspection, examination, or appraisement
will not be delivered until marked with
its country of origin, or until estimated duties payable under 19 U.S.C.
1304(f), or adequate security for those
duties (see § 134.53(a)(2)), are deposited.
(b) The port director may demand redelivery to CBP custody of any article
(or its container) previously released
which is found to be not marked legally with its country of origin for the
purpose of requiring the article (or its
container) to be properly marked. A demand for redelivery will be made, as
required under § 141.113(a) of this chapter, not later than 30 days after—
(1) The date of entry, in the case of
merchandise examined in public stores
and places of arrival, such as docks,
wharfs, or piers; or
(2) The date of examination, in the
case of merchandise examined at the
importer’s premises or such other appropriate places as determined by the
port director.
(c) Nothing in this part shall be construed as excepting any article (or its
container) from the particular requirements of marking provided for in any
other provision of law.
[T.D. 80–88, 45 FR 18921, Mar. 24, 1980, as
amended by T.D. 90–51, 55 FR 28190, July 10,
1990; CBP Dec. 08-25, 73 FR 40726, July 16,
2008]

§ 134.4 Penalties for removal, defacement, or alteration of marking.
Any intentional removal, defacement, destruction, or alteration of a
marking of the country of origin required by section 304, Tariff Act of 1930,
as amended (19 U.S.C. 1304), and this
part in order to conceal this information may result in criminal penalties
of up to $5,000 and/or imprisonment for
1 year, as provided in 19 U.S.C. 1304(h).
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 90–51, 55 FR 28191, July 10,
1990]

[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 90–51, 55 FR 28190, July 10,
1990]

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§ 134.11

19 CFR Ch. I (4–1–12 Edition)

Subpart B—Articles Subject to
Marking

§ 134.14

§ 134.11 Country of origin marking required.
Unless excepted by law, section 304,
Tariff Act of 1930, as amended (19
U.S.C. 1304), requires that every article
of foreign origin (or its container) 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, at the time of
importation into the Customs territory
of the United States. Containers of articles excepted from marking shall be
marked with the name of the country
of origin of the article unless the container is also excepted from marking.
§ 134.12 Foreign articles
from a U.S. possession.

reshipped

Articles of foreign origin imported
into any possession of the United
States outside its Customs territory
and reshipped to the United States are
subject to all marking requirements
applicable to like articles of foreign origin imported directly from a foreign
country to the United States.
§ 134.13 Imported articles repacked or
manipulated.
(a) Marking requirement. An article
within the provisions of this section
shall be marked with the name of the
country of origin at the time the article is withdrawn for consumption unless the article and its container are
exempted from marking under provisions of subpart D of this part at the
time of importation.
(b) Applicability. The provisions of
this section are applicable to the following articles:
(1) Articles repacked in a bonded
warehouse under § 19.8 of this chapter;
(2) Articles manipulated under section 562, Tariff Act of 1930, as amended
(19 U.S.C. 1562), and § 19.11 of this chapter;
(3) Articles manipulated, but not
manufactured, in a foreign-trade zone
under § 146.32 of this chapter.

Articles usually combined.

(a) Articles combined before delivery to
purchaser. When an imported article is
of a kind which is usually combined
with another article after importation
but before delivery to an ultimate purchaser and the name indicating the
country of origin of the article appears
in a place on the article so that the
name will be visible after such combining, the marking shall include, in
addition to the name of the country of
origin, words or symbols which shall
clearly show that the origin indicated
is that of the imported article only and
not that of any other article with
which the imported article may be
combined after importation.
(b) Example. Labels and similar articles so marked that the name of the
country of origin of the label or article
is visible after it is affixed to another
article in this country shall be marked
with additional descriptive words such
as ‘‘Label made (or printed) in (name of
country)’’ or words of similar meaning.
See subpart C of this part for marking
of bottles, drums, or other containers.
(c) Applicability. This section shall
not apply to articles of a kind which
are ordinarily so substantially changed
in the United States that the articles
in their changed condition become
products of the United States. An article excepted from marking under subpart D of this part is not within the
scope of section 304(a)(2), Tariff Act of
1930, as amended (19 U.S.C. 1304(a)(2)),
and is not subject to the requirements
of this section.

Subpart C—Marking of Containers
or Holders
§ 134.21

Special marking.

This subpart includes only country of
origin marking requirements and exceptions under section 304(b), Tariff
Act of 1930, as amended (19 U.S.C.
1304(b)), for containers or holders. Special marking may be required by the
Internal Revenue Service on alcoholic
beverage bottles and other requirements may be imposed by reason of the
nature of the contents by other Government agencies.

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U.S. Customs and Border Protection, DHS; Treasury
§ 134.22 General rules for marking of
containers or holders.
(a) Contents excepted from marking.
When an article is excepted from the
marking requirements by subpart D of
this part, the outermost container or
holder in which the article ordinarily
reaches the ultimate purchaser shall be
marked to indicate the country of origin of the article whether or not the
article is marked to indicate its country of origin.
(b) Containers or holders treated as imported articles. Containers or holders for
imported merchandise which are subject to treatment as imported articles
under the Harmonized Tariff Schedule
of the United States (19 U.S.C. 1202),
shall be marked to indicate clearly the
country of their own origin in addition
to any marking which may be required
to show the country of origin of their
contents; however, no marking is required for any good of a NAFTA country which is a usual container.
(c) Containers or holders bearing a U.S.
address. Containers or holders of imported merchandise bearing the name
and address of an importer, distributor,
or other person or company in the
United States shall be marked in close
proximity to the U.S. address to indicate clearly the country of origin of
the contents with a marking such as
‘‘Contents made in France’’ or ‘‘Contents Product of Spain.’’
(d) Usual containers—(1) ‘‘Usual container’’ defined. For purposes of this
subpart, a usual container means the
container in which a good will ordinarily reach its ultimate purchaser.
Containers which are not included in
the price of the goods with which they
are sold, or which impart the essential
character to the whole, or which have
significant uses, or lasting value independent of the contents, will generally
not be regarded as usual containers.
However, the fact that a container is
sturdy and capable of repeated use with
its contents does not preclude it from
being considered a usual container so
long as it is the type of container in
which its contents are ordinarily sold.
A usual container may be any type of
container, including one which is specially shaped or fitted to contain a specific good or set of goods such as a
camera case or an eyeglass case, or

§ 134.23

packing, storage and transportation
materials.
(2) A good of a NAFTA country which
is a usual container. A good of a NAFTA
country which is a usual container,
whether or not disposable and whether
or not imported empty or filled, is not
required to be marked with its own
country of origin. If imported empty,
the importer must be able to provide
satisfactory evidence to Customs at
the time of importation that it will be
used only as a usual container (that it
is to be filled with goods after importation and that such container is of a
type in which these goods ordinarily
reach the ultimate purchaser).
(e) Exceptions. Containers or holders
of imported articles are not required to
be marked if:
(1) Excepted articles. They are containers or holders of articles within the
exceptions set forth in paragraph (f),
(g), or (h) in § 134.32 or they are containers of a good of a NAFTA country
within the exceptions set forth in paragraph (e), (f), (g), (h), (i), (p) or (q) of
§ 134.32.
(2) Excepted containers or holders. The
container or holder itself is within an
exception set forth in subpart D of this
part.
(3) To be filled by the importer. The
container or holder is within the exception set forth in § 134.24(c).
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–1, 58 FR 69471, Dec. 30,
1993]

§ 134.23 Containers or holders designed for or capable of reuse.
(a) Usual and ordinary reusable containers or holders. Except for goods of a
NAFTA country which are usual containers, containers or holders designed
for or capable of reuse after the contents have been consumed, whether imported full or empty, must be individually marked to indicate the country
of their own origin with a marking
such as, ‘‘Container Made in (name of
country).’’ Examples of the containers
or holders contemplated are heavy
duty steel drums, tanks, and other
similar shipping, storage, transportation containers or holders capable of
reuse. These containers or holders are
subject to the treatment specified in
General Rule of Interpretation 5(b),

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§ 134.24

19 CFR Ch. I (4–1–12 Edition)

Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202).
(b) Other reusable containers or holders. Containers or holders which give
the whole importation its essential
character, as described in General Rule
of Interpretation 5(a) (19 U.S.C. 1202),
must be individually marked to clearly
indicate their own origin with a marking such as, ‘‘Container made in (name
of country).’’ Examples of the containers contemplated are mustard jars
reusable as beer mugs; shaving soap
containers reusable as shaving mugs;
fancy cologne bottles reusable as flower vases, and other containers which
have a lasting value or decorative use.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 89–1, 53 FR 51256, Dec. 21,
1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993]

§ 134.24 Containers or holders not designed for or capable of reuse.
(a) Containers ordinarily discarded
after use. Disposable containers or holders subject to the provisions of this
section are the usual ordinary types of
containers or holders, including cans,
bottles, paper or polyethylene bags, paperboard boxes, and similar containers
or holders which are ordinarily discarded after the contents have been
consumed.
(b) Imported empty. Disposable containers or holders imported for distribution or sale are subject to treatment as imported articles in accordance with the Harmonized Tariff
Schedule of the United States (19
U.S.C. 1202), and shall be marked to indicate clearly the country of their own
origin. However, when the containers
are packed and sold in multiple units
(dozens, gross, etc.), this requirement
ordinarily may be met by marking the
outermost container which reaches the
ultimate purchaser.
(c) Imported to be filled—(1) If unmarked. When disposable containers or
holders or usual containers which are
goods of a NAFTA country are imported by persons or firms who fill or
package them with various products
which they sell, these persons or firms
are the ‘‘ultimate purchasers’’ of these
containers or holders or usual containers which are goods of a NAFTA
country and they may be excepted
from individual marking pursuant to 19

U.S.C. 1304(a)(3)(D). The outside wrappings or packages containing the containers shall be clearly marked to indicate the country of origin.
(2) If marked. If the disposable containers or holders or the usual containers which are goods of a NAFTA
country are marked with the country
of origin at the time of importation
and the marking will be visible after
they are filled, the marking shall
clearly indicate that the container
only and not the contents were made in
the named country. For example, bottles, drums, or other containers imported empty, to be filled in the United
States, shall be marked with such
words as ‘‘Bottle (or container) made
in (name of country).’’
(d) Imported full—(1) When contents
are excepted from marking. Usual disposable containers in use as such at the
time of importation shall not be required to be marked to show the country of their own origin, but shall be
marked to indicate the origin of their
contents regardless of the fact that the
contents are excepted from marking
requirements; however, such marking
is not required if the contents are excepted from marking requirements
under paragraph (f), (g), or (h) of § 134.32
or, in the case of a good of a NAFTA
country, under paragraph (e), (f), (g),
(h), (i), (p) or (q) of that section.
(2) Sealed containers or holders. Disposable containers or holders of imported merchandise, which are sold
without normally being opened by the
ultimate purchaser (e.g., individually
wrapped soap bars or tennis balls in a
vacuum sealed can), shall be marked to
indicate the country of origin of their
contents.
(3) Unsealed containers. Unsealed disposable containers of imported merchandise normally unopened by the ultimate purchaser, may be excepted
from marking if the article is so
marked that the country of origin is
clearly visible without unpacking the
container. However, if the container is
normally opened by the ultimate purchaser prior to purchase, only the article need be marked.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 89–1, 53 FR 51255, Dec. 21,
1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993]

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U.S. Customs and Border Protection, DHS; Treasury

§ 134.26

§ 134.25 Containers or holders for repacked J-list articles and articles
incapable of being marked.
(a) Certification requirements. If an article subject to these requirements is
intended to be repacked in new containers for sale to an ultimate purchaser after its release from Customs
custody, or if the port director having
custody of the article, has reason to believe such article will be repacked after
its release, the importer shall certify
to the port director that: (1) If the importer does the repacking, the new container shall be marked to indicate the
country of origin of the article in accordance with the requirements of this
part; or (2) if the article is intended to
be sold or transferred to a subsequent
purchaser or repacker, the importer
shall notify such purchaser or transferee, in writing, at the time of sale or
transfer, that any repacking of the article must conform to these requirements. The importer, or his authorized
agent, shall sign the following statement.

used, a certification must be filed at
each port where the article is entered.
(b) Facsimile signatures. The certification statement may be signed by
means of an authorized facsimile signature.
(c) Time of filing. The certification
statement shall be filed with the port
director at the time of entry summary.
If the certification is not available at
that time, a bond shall be given for its
production in accordance with § 141.66,
Customs Regulations (19 CFR 141.66). In
case of repeated failure to timely file
the certification required under this
section, the port director may decline
to accept a bond for the missing document and demand redelivery of the
merchandise under § 134.51, Customs
Regulations (19 CFR 134.51).
(d) Notice to subsequent purchaser or
repacker. If the article is sold or transferred to a subsequent purchaser or repacker the following notice shall be
given to the purchaser or repacker:

CERTIFICATE OF MARKING—REPACKED J-LIST
ARTICLES AND ARTICLES INCAPABLE OF
BEING MARKED

These articles are imported. The requirements of 19 U.S.C. 1304 and 19 CFR part 134
provide that the articles or their containers
must be marked in a conspicuous place as
legibly, indelibly and permanently as the nature of the article or container will permit,
in such a manner as to indicate to an ultimate purchaser in the United States, the
English name of the country of origin of the
article.

(Port of entry)
lllllllllllllll
I,
of
, certify that if the article(s) covered by this entry (entry no.(s)
dated
), is (are) repacked in a new container(s), while still in my possession, the
new containers, unless excepted, shall be
marked in a conspicuous place as legibly, indelibly, and permanently as the nature of
the container(s) will permit, in such manner
as to indicate the country of origin of the article(s) to the ultimate purchaser(s) in accordance with the requirements of 19 U.S.C.
1304 and 19 CFR part 134. I further certify
that if the article(s) is (are) intended to be
sold or transferred by me to a subsequent
purchaser or repacker, I will notify such purchaser or transferee, in writing, at the time
of sale or transfer, of the marking requirements.
Date lllllllllllllllllllll
Importer
llllllllllllllllll

The certification statement may appear as a typed or stamped statement
on an appropriate entry document or
commercial invoice, or on a preprinted
attachment to such entry or invoice; or
it may be submitted in blanket form to
cover all importations of a particular
product for a given period (e.g., calendar year). If the blanket procedure is

NOTICE TO SUBSEQUENT PURCHASER OR
REPACKER

(e) Duties and penalties. Failure to
comply with the certification requirements in paragraph (a) may subject the
importer to a demand for liquidated
damages under § 134.54(a) and for the
additional duty under 19 U.S.C. 1304.
Fraud or negligence by any person in
furnishing the required certification
may also result in a penalty under 19
U.S.C. 1592.
[T.D. 83–155, 48 FR 33863, July 26, 1983]

§ 134.26 Imported articles repacked or
manipulated.
(a) Certification requirements. If an article subject to these requirements is
intended to be repacked in retail containers (e.g., blister packs) after its release from Customs custody, or if the
port director having custody of the article, has reason to believe such article
will be repacked after its release, the

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§ 134.31

19 CFR Ch. I (4–1–12 Edition)

importer shall certify to the port director that: (1) If the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new
container shall be marked to indicate
the country of origin of the article in
accordance with the requirements of
this part; or (2) if the article is intended to be sold or transferred to a
subsequent purchaser or repacker, the
importer shall notify such purchaser or
transferee, in writing, at the time of
sale or transfer, that any repacking of
the article must conform to these requirements. The importer, or his authorized agent, shall sign the following
statement.
CERTIFICATE OF MARKING BY IMPORTER—
REPACKED ARTICLES SUBJECT TO MARKING
(Port of entry)
lllllllllllllll
I, llll of llll, certify that if the article(s) covered by this entry (entry no.(s)
ll dated ll), is (are) repacked in retail
container(s) e.g., blister packs), while still in
my possession, the new container(s) will not
conceal or obscure the country of origin
marking appearing on the article(s), or else
the new container(s), unless excepted, shall
be marked in a conspicuous place as legibly,
indelibly, and permanently as the nature of
the container(s) will permit, in such manner
as to indicate the country of origin of the article(s) to the ultimate purchaser(s) in accordance with the requirements of 19 U.S.C.
1304 and 19 CFR part 134. I further certify
that if the article(s) is (are) intended to be
sold or transferred by me to a subsequent
purchaser or repacker, I will notify such purchaser or transferee, in writing, at the time
of sale or transfer, of the marking requirements.
Date lllllllllllllllllllll
Importer
llllllllllllllllll

The certification statement may appear as a typed or stamped statement
on an appropriate entry document or
commercial invoice, or on a preprinted
attachment to such entry or invoice; or
it may be submitted in blanket form to
cover all importations of a particular
product for a given period (e.g., calendar year). If the blanket procedure is
used, a certification must be filed at
each port where the article(s) is entered.
(b) Facsimile signatures. The certification statement may be signed by
means of an authorized facsimile signature.

(c) Time of filing. The certification
statement shall be filed with the port
director at the time of entry summary.
If the certification is not available at
that time, a bond shall be given for its
production in accordance with § 141.66,
Customs Regulations (19 CFR 141.66). In
case of repeated failure to timely file
the certification required under this
subsection, the port director may decline to accept a bond for the missing
document and demand redelivery of the
merchandise under § 134.51, Customs
Regulations (19 CFR 134.51).
(d) Notice to subsequent purchaser or
repacker. If the article is sold or transferred to a subsequent purchaser or repacker the following notice shall be
given to the purchaser or repacker:
NOTICE TO SUBSEQUENT PURCHASER OR
REPACKER
These articles are imported. The requirements of 19 U.S.C. 1304 and 19 CFR part 134
provide that the articles in their containers
must be marked in a conspicuous place as
legibly, indelibly and permanently as the nature of the article or container will permit,
in such a manner as to indicate to an ultimate purchaser in the United States, the
English name of the country of origin of the
article.

(e) Duties and penalties. Failure to
comply with the certification requirements in paragraph (a) may subject the
importer to a demand for liquidated
damages under § 134.54(a) and for the
additional duty under 19 U.S.C. 1304.
Fraud or negligence by any person in
furnishing the required certification
may also result in a penalty under 19
U.S.C. 1592.
(f) Exceptions. The requirements of
this section do not apply to repackaging in a container that can readily
be opened for inspection by the ultimate purchaser in the United States,
unless such container bears a U.S. address or other potentially misleading
marking.
[T.D. 84–127, 49 FR 22795, June 1, 1984]

Subpart D—Exceptions to Marking
Requirements
§ 134.31 Requirements of other agencies.
Nothing in this subpart shall be construed as excepting any article (or its

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U.S. Customs and Border Protection, DHS; Treasury
container) from the particular requirements of marking provided for in any
other provision of any law, such as
those of the Federal Trade Commission, Food and Drug Administration,
and other agencies.
§ 134.32 General exceptions to marking
requirements.
The articles described or meeting the
specified conditions set forth below are
excepted from marking requirements
(see subpart C of this part for marking
of the containers):
(a) Articles that are incapable of
being marked;
(b) Articles that cannot be marked
prior to shipment to the United States
without injury;
(c) Articles that cannot be marked
prior to shipment to the United States
except at an expense economically prohibitive of its importation;
(d) Articles for which the marking of
the containers will reasonably indicate
the origin of the articles;
(e) Articles which are crude substances;
(f) Articles imported for use by the
importer and not intended for sale in
their imported or any other form;
(g) Articles 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
articles and in such manner that any
mark contemplated by this part would
necessarily be obliterated, destroyed,
or permanently concealed;
(h) Articles for which the ultimate
purchaser must necessarily know, or in
the case of a good of a NAFTA country,
must reasonably know, the country of
origin by reason of the circumstances
of their importation or by reason of the
character of the articles even though
they are not marked to indicate their
origin;
(i) Articles which were produced
more than 20 years prior to their importation into the United States;
(j) Articles entered or withdrawn
from warehouse for immediate exportation or for transportation and exportation;
(k) Products of American fisheries
which are free of duty;
(l) Products of possessions of the
United States;

§ 134.33

(m) Products of the United States exported and returned;
(n) Articles exempt from duty under
§§ 10.151 through 10.153, 145.31 or 145.32
of this chapter;
(o) Articles which cannot be marked
after importation except at an expense
that would be economically prohibitive
unless the importer, producer, seller,
or shipper failed to mark the articles
before importation to avoid meeting
the requirements of the law;
(p) Goods of a NAFTA country which
are original works of art; and
(q) Goods of a NAFTA country which
are provided for in subheading 6904.10
or heading 8541 or 8542 of the Harmonized Tariff Schedule of the United
States (HTSUS) (19 U.S.C. 1202).
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 73–135, 38 FR 13369, May 21,
1973; T.D. 73–175, 38 FR 17447, July 2, 1973;
T.D. 94–1, 58 FR 69471, Dec. 30, 1993; T.D. 94–
4, 59 FR 140, Jan. 3, 1994; T.D. 96–48, 61 FR
28980, June 6, 1996]

§ 134.33 J-List exceptions.
Articles of a class or kind listed
below are excepted from the requirements of country of origin marking in
accordance with the provisions of section 304(a)(3)(J), Tariff Act of 1930, as
amended (19 U.S.C. 1304(a)(3)(J)). However, in the case of any article described in this list which is imported in
a container, the outermost container
in which the article ordinarily reaches
the ultimate purchaser is required to
be marked to indicate the origin of its
contents in accordance with the requirements of subpart C of this part.
All articles are listed in Treasury Decisions 49690, 49835, and 49896. A reference
different from the foregoing indicates
an amendment.
Articles

References

Art, works of.
Articles classified under subheadings
9810.00.15,
9810.00.25, 9810.00.40 and
9810.00.45, Harmonized Tariff
Schedule of the United States.
Articles entered in good faith as
antiques and rejected as
unauthentic.
Bagging, waste.
Bags, jute.
Bands, steel.
Beads, unstrung.
Bearings, ball, 5⁄8–inch or less in
diameter.
Blanks, metal, to be plated.

T.D. 66–153.

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§ 134.34

19 CFR Ch. I (4–1–12 Edition)
Articles

References

Bodies, harvest hat.
Bolts, nuts, and washers.
Briarwood in blocks.
Briquettes, coal or coke.
Buckles, 1 inch or less in greatest
dimension.
Burlap.
Buttons.
Cards, playing.
Cellophane and celluloid in
sheets, bands, or strips.
Chemicals, drugs, medicinal, and
similar substances, when imported in capsules, pills, tablets,
lozenges, or troches.
Cigars and cigarettes.
Covers, straw bottle.
Dies, diamond wire, unmounted.
Dowels, wooden.
Effects, theatrical.
Eggs.
Feathers.
Firewood.
Flooring, not further manufactured
than planed, tongued and
grooved.
Flowers,
artificial,
except
bunches.
Flowers, cut.
Glass, cut to shape and size for
use in clocks, hand, pocket,
and purse mirrors, and other
glass of similar shapes and
sizes, not including lenses or
watch crystals.
Glides, furniture, except glides
with prongs.
Hairnets.
Hides, raw.
Hooks, fish (except snelled fish
hooks).
Hoops (wood), barrel.
Laths.
Leather, except finished.
Livestock.
Lumber, sawed .............................
Metal bars, except concrete reinforcement bars; billets, blocks,
blooms; ingots; pigs; plates;
sheets,
except
galvanized
sheets; shafting; slabs; and
metal in similar forms.
Mica not further manufactured
than cut or stamped to dimensions, shape or form.
Monuments.
Nails, spikes, and staples.
Natural products, such as vegetables, fruits, nuts, berries, and
live or dead animals, fish and
birds; all the foregoing which
are in their natural state or not
advanced in any manner further
than is necessary for their safe
transportation.
Nets, bottle, wire.
Paper, newsprint.
Paper, stencil.
Paper, stock.
Parchment and vellum.
Parts for machines imported from
same country as parts.
Pickets (wood).
Pins, tuning.

Articles

References

Plants, shrubs and other nursery
stock.
Plugs, tie.
Poles, bamboo.
Posts (wood), fence.
Pulpwood.
Rags (including wiping rags)
Rails, joint bars, and tie plates
covered
by
subheadings
7302.10.10 through 7302.90.00,
Harmonized Tariff Schedule of
the United States.
Ribbon.
Rivets.
Rope, including wire rope; cordage; cords; twines, threads, and
yarns.
Scrap and waste.
Screws.
Shims, track.
Shingles (wood), bundles of (except bundles of red-cedar shingles).
Skins, fur, dressed or dyed.
Skins, raw fur.
Sponges.
Springs, watch.
Stamps, postage and revenue,
and other articles covered in
subheadings 9704.00.00 and
4807.00.00, Harmonized Tariff
Schedule of the United States.
Staves (wood), barrel.
Steel, hoop.
Sugar, maple.
Ties (wood), railroad.
Tides, not over 1 inch in greatest
dimension.
Timbers, sawed.
Tips, penholder.
Trees, Christmas.
Weights, analytical and precision
in sets
Wicking, candle.
Wire, except barbed.

T.D.s 49750; 50366(6).

T.D. 50205(3).

T.D. 49750.

T.D. 66–153.

T.D.s 49750; 51802.

T.D.s 49750; 50366(6).

[T.D. 72–262, 35 FR 20318, Sept. 29, 1972, as
amended by T.D. 85–123, 50 FR 29954, July 23,
1985; T.D. 89–1, 53 FR 51256, Dec. 21, 1988; T.D.
95–79, 60 FR, 49752, Sept. 27, 1995]

§ 134.34 Certain repacked articles.
(a) Exception for repacked articles. An
exception under § 134.32(d) may be authorized in the discretion of the port
director for imported articles which
are to be repacked after release from
Customs custody under the following
conditions:
(1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the United States.
(2) The importer arranges for supervision of the marking of the containers
by Customs officers at the importer’s
expense or secures such verification, as
may be necessary, by certification and

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U.S. Customs and Border Protection, DHS; Treasury
the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.
(b) Liquidation of entries. The liquidation of such entries may be deferred for
a period of not more than 60 days from
the date that a request for repacking is
granted. Extensions of the 60-day deferral period may be granted by the port
director in his discretion upon written
application by the importer.

1930,
as
amended
(19
U.S.C.
1304(a)(3)(G)), if there is a reasonable
method of marking which will not be
obliterated, destroyed, or permanently
concealed by such processing.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 97–72, 62 FR 44214, Aug. 20,
1997]

Subpart E—Method and Location
of Marking Imported Articles

[T.D. 84–127, 49 FR 22795, June 1, 1984]

§ 134.35 Articles substantially changed
by manufacture.
(a) Articles other than goods of a
NAFTA country. An article used in the
United States in manufacture which
results in an article having a name,
character, or use differing from that of
the imported article, will be within the
principle of the decision in the case of
United States v. Gibson-Thomsen Co.,
Inc., 27 C.C.P.A. 267 (C.A.D. 98). Under
this principle, the manufacturer or
processor in the United States who
converts or combines the imported article into the different article will be
considered the ‘‘ultimate purchaser’’ of
the imported article within the contemplation of section 304(a), Tariff Act
of 1930, as amended (19 U.S.C. 1304(a)),
and the article shall be excepted from
marking. The outermost containers of
the imported articles shall be marked
in accord with this part.
(b) Goods of a NAFTA country. A good
of a NAFTA country which is to be
processed in the United States in a
manner that would result in the good
becoming a good of the United States
under the NAFTA Marking Rules is excepted from marking. Unless the good
is processed by the importer or on its
behalf, the outermost container of the
good shall be marked in accord with
this part.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–1, 58 FR 69472, Dec. 30,
1993]

§ 134.36 Inapplicability of marking exception for articles processed by
importer.
An article which is to be processed in
the United States by the importer or
for his account shall not be considered
to be within the specifications of section 304(a)(3)(G), of the Tariff Act of

§ 134.42

§ 134.41 Methods and manner of marking.
(a) Suggested methods of marking. Section 304 of the Tariff Act of 1930, as
amended (19 U.S.C. 1304), requires that
the marking of the country of origin be
legible, indelible, and permanent. Definite methods of marking are prescribed
only for articles provided for in § 134.43
and for articles which are the objects
of special rulings by the Commissioner
of Customs. As a general rule, marking
requirements are best met by marking
worked into the article at the time of
manufacture. For example, it is suggested that the country of origin on
metal articles be die sunk, molded in
or etched; on earthenware or chinaware
be glazed on in the process of firing;
and on paper articles be imprinted.
(b) Degree of permanence and visibility.
The degree of permanence should be at
least sufficient to insure that in any
reasonably foreseeable circumstance,
the marking shall remain on the article (or its container) until it reaches
the ultimate purchaser unless it is deliberately removed. The marking must
survive normal distribution and store
handling. The ultimate purchaser in
the United States must be able to find
the marking easily and read it without
strain.
§ 134.42 Specific method may be required.
Marking merchandise by specific
methods, such as die stamping, cast-inthe-mold lettering, etching, or engraving, or cloth labels may be required by
the Commissioner of Customs in accordance with section 304(a), Tariff Act
of 1930, as amended (19 U.S.C. 1304(a)).
Notices of such rulings shall be published in the FEDERAL REGISTER and
the Customs Bulletin.

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§ 134.43

19 CFR Ch. I (4–1–12 Edition)

§ 134.43 Methods of marking specific
articles.
(a) Marking previously required by certain provisions of the Tariff Act of 1930.
Except for goods of a NAFTA country,
articles of a class or kind listed below
shall be marked legibly and conspicuously by die stamping, cast-in-themold lettering, etching (acid or electrolytic), engraving, or by means of
metal plates which bear the prescribed
marking and which are securely attached to the article in a conspicuous
place by welding, screws, or rivets:
knives, forks, steels, cleavers, clippers,
shears, scissors, safety razors, blades
for safety razors, surgical instruments,
dental instruments, scientific and laboratory instruments, pliers, pincers,
nippers and hinged hand tools for holding and splicing wire, vacuum containers, and parts of the above articles.
Goods of a NAFTA country shall be
marked by any reasonable method
which is legible, conspicuous and permanent as otherwise provided in this
part.
(b) Watch, clock, and timing apparatus.
The country of origin marking requirements on watches, clocks, and timing
apparatus are intensive and require
special methods. (See § 11.9 of this
chapter and Chapter 91, Additional U.S.
Note 4, Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202)).
(c) Native American-style jewelry—(1)
Definition. For the purpose of this provision, Native American-style jewelry
is jewelry which incorporates traditional Native American design motifs,
materials and/or construction and
therefore looks like, and could possibly
be mistaken for, jewelry made by Native Americans.
(2) Method of marking. Except as provided in 19 U.S.C. 1304(a)(3) and in paragraph (c)(3) of this section, Native
American-style jewelry must be indelibly marked with the country of origin
by cutting, die-sinking, engraving,
stamping, or some other permanent
method. The indelible marking must
appear legibly on the clasp or in some
other conspicuous location, or alternatively, on a metal or plastic tag indelibly marked with the country of origin and permanently attached to the
article.

(3) Exception. If it is technically or
commercially infeasible to mark in the
manner specified in paragraph (c)(2) of
this section, or in the case of a good of
a NAFTA country, the article may be
marked by means of a string tag or adhesive label securely affixed, or some
other similar method.
(d) Native American-style arts and
crafts—(1) Definition. For the purpose of
this provision, Native American-style
arts and crafts are arts and crafts, such
as pottery, rugs, kachina dolls, baskets
and beadwork, which incorporate traditional Native American design motifs,
materials and/or construction and
therefore look like, and could possibly
be mistaken for, arts and crafts made
by Native Americans.
(2) Method of Marking. Except as provided for in 19 U.S.C. 1304(a)(3) and
§ 134.32 of this part, Native Americanstyle arts and crafts must be indelibly
marked with the country of origin by
means of cutting, die-sinking, engraving, stamping, or some other equally
permanent method. On textile articles,
such as rugs, a sewn in label is considered to be an equally permanent method.
(3) Exception. Where it is technically
or commercially infeasible to mark in
the manner specified in paragraph
(d)(2) of this section, or in the case of
a good of a NAFTA country, the article
may be marked by means of a string
tag or adhesive label securely affixed,
or some other similar method.
(e) Assembled articles. Where an article is produced as a result of an assembly operation and the country of origin
of such article is determined under this
chapter to be the country in which the
article was finally assembled, such article may be marked, as appropriate, in
a manner such as the following:
(1) Assembled in (country of final assembly);
(2) Assembled in (country of final assembly) from components of (name of
country or countries of origin of all
components); or

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U.S. Customs and Border Protection, DHS; Treasury
(3) Made in, or product of, (country of
final assembly).
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 89–1, 53 FR 51255, Dec. 21,
1988; T.D. 89–88, 54 FR 39524, Sept. 27, 1989;
T.D. 90–75, 55 FR 38317, Sept. 18, 1990; T.D. 90–
78, 55 FR 40166, Oct. 2, 1990; T.D. 94–1, 58 FR
69472, Dec. 30, 1993; T.D. 94–4, 59 FR 140, Jan.
3, 1994; T.D. 96–48, 61 FR 28980, June 6, 1996]

§ 134.44 Location and other acceptable
methods of marking.
(a) Other acceptable methods. Except
for articles described in § 134.43 of this
part or the subject of a ruling by the
Commissioner of Customs, any method
of marking at any location insuring
that country of origin will conspicuously appear on the article shall be acceptable. Such marking must be legible
and sufficiently permanent so that it
will remain on the article (or its container when the container and not the
article is required to be marked) until
it reaches the ultimate purchaser unless deliberately removed.
(b) Articles marked with paper sticker
labels. If paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article
while it is in storage or on display and
until it is delivered to the ultimate
purchaser.
(c) Articles marked with tags. When
tags are used, they must be attached in
a conspicuous place and in a manner
which assures that unless deliberately
removed they will remain on the article until it reaches the ultimate purchaser.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–1, 58 FR 69472, Dec. 30,
1993]

§ 134.45 Approved markings of country
name.
(a) Language. (1) Except as otherwise
provided in paragraph (a)(2) of this section, the markings required by this
part shall include the full English
name of the country of origin, unless
another marking to indicate the
English name of the country of origin
is specifically authorized by the Commissioner of Customs. Notice of acceptable markings other than the full
English name of the country of origin

§ 134.46

shall be published in the FEDERAL REGISTER and the Customs Bulletin.
(2) A good of a NAFTA country may
be marked with the name of the country of origin in English, French or
Spanish.
(b) Abbreviations and variant spellings.
Abbreviations which unmistakably indicate the name of a country, such as
‘‘Gt. Britain’’ for ‘‘Great Britain’’ or
‘‘Luxemb’’ and ‘‘Luxembg’’ for ‘‘Luxembourg’’ are acceptable. Variant
spellings which clearly indicate the
English name of the country of origin,
such as ‘‘Brasil’’ for ‘‘Brazil’’ and
‘‘Italie’’ for ‘‘Italy,’’ are acceptable.
(c) Adjectival form. The adjectival
form of the name of a country shall be
accepted as a proper indication of the
name of the country of origin of imported merchandise provided the adjectival form of the name does not appear
with other words so as to refer to a
kind or species of product. For example, such terms as ‘‘English walnuts’’
or ‘‘Brazil nuts’’ are unacceptable.
(d) Colonies, possessions, or protectorates. The name of a colony, possession,
or protectorate outside the boundaries
of the mother country shall usually be
considered acceptable marking. When
the Commissioner of Customs finds
that the name is not sufficiently well
known to insure that the ultimate purchasers will be fully informed of the
country of origin, or where the name
appearing alone may cause confusion,
deception, or mistake, clarifying words
shall be required. In such cases, the
Commissioner of Customs shall specify
in decisions published in the FEDERAL
REGISTER and the Customs Bulletin the
additional wording to be used in conjunction with the name of the colony,
possession, or protectorate.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–1, 58 FR 69472, Dec. 30,
1993]

§ 134.46 Marking when name of country or locality other than country of
origin appears.
In any case in which the words
‘‘United States,’’ or ‘‘American,’’ the
letters ‘‘U.S.A.,’’ any variation of such
words or letters, or the name of any
city or location in the United States,
or the name of any foreign country or

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§ 134.47

19 CFR Ch. I (4–1–12 Edition)

locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and
those words, letters or names may mislead or deceive the ultimate purchaser
as to the actual country of origin of
the article, there shall appear legibly
and permanently in close proximity to
such words, letters or name, and in at
least a comparable size, the name of
the country of origin preceded by
‘‘Made in,’’ ‘‘Product of,’’ or other
words of similar meaning.
[T.D. 97–72, 62 FR 44214, Aug. 20, 1997]

§ 134.47 Souvenirs and articles marked
with trademarks or trade names.
When as part of a trademark or trade
name or as part of a souvenir marking,
the name of a location in the United
States or ‘‘United States’’ or ‘‘America’’ appear, the article shall be legibly, conspicuously, and permanently
marked to indicate the name of the
country of origin of the article preceded by ‘‘Made in,’’ ‘‘Product of,’’ or
other similar words, in close proximity
or in some other conspicuous location.

Subpart F—Articles Found Not
Legally Marked
§ 134.51 Procedure when importation
found not legally marked.
(a) Notice to mark or redeliver. When
articles or containers are found upon
examination not to be legally marked,
the port director shall notify the importer on Customs Form 4647 to arrange with the port director’s office to
properly mark the article or containers, or to return all released articles to Customs custody for marking,
exportation, or destruction.
(b) Identification of articles. When an
imported article which is not legally
marked is to be exported, destroyed, or
marked under Customs supervision, the
identity of the imported article shall
be established to the satisfaction of the
port director.
(c) Supervision. Verification of marking, exportation, or destruction of articles found not to be legally marked
shall be at the expense of the importer
and shall be performed under Customs
supervision unless the port director ac-

cepts a certificate of marking as provided for in § 134.52 in lieu of marking
under Customs supervision.
§ 134.52

Certificate of marking.

(a) Applicability. Port directors may
accept certificates of marking supported by samples of articles required
to be marked, for which Customs Form
4647 was issued, from importers or from
actual owners complying with the provision of § 141.20 of this chapter, to certify that marking of the country of origin on imported articles as required by
this part has been accomplished.
(b) Filing of certificates of marking.
The certificates of marking shall be
filed in duplicate with the port director, and a sample of the marked merchandise shall accompany the certificate. The port director may waive the
production of the marked sample when
he is satisfied that the submission of
such sample is impracticable.
(c) Notice of acceptance. The port director shall notify the importer or actual owner when the certificate of
marking is accepted. Such notice of acceptance may be granted on the duplicate copy of the certificate of marking
by use of a stamped notation of acceptance. The port director is authorized to
spot check the marking of articles on
which a certificate has been filed. If a
spot check is performed, the approved
copy of the certificate, if approval is
granted, shall be returned to the importer or actual owner after the spot
check is completed.
(d) Filing of false certificate of marking.
If a false certificate of marking is filed
with the port director indicating that
goods have been properly marked when
in fact they have not been so marked,
a seizure shall be made or claim for
monetary penalty reported under section 592, Tariff Act of 1930, as amended
(19 U.S.C. 1592). In addition, in cases involving, willful deceit, a criminal case
report may be made charging a violation of section 1001, title 18, United
States Code, which provides for a fine
up to $10,000 and/or imprisonment up to
5 years for anyone who willfully conceals a material fact or uses any document knowing the same to contain any

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U.S. Customs and Border Protection, DHS; Treasury
false or fraudulent statement in connection with any matter within the jurisdiction of an agency of the United
States.
(e) Authority to require physical supervision when deemed necessary. The port
director may require physical supervision of marking as specified in
§ 134.51(c) in those cases in which he determines that such action is necessary
to insure compliance with this part. In
such cases the expenses of the Customs
officer shall be reimbursed to the Government as provided for in § 134.55.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 73–175, 38 FR 17447, July 2,
1973; T.D. 84–18, 49 FR 1678, Jan. 13, 1984]

§ 134.53

Examination packages.

(a) Site of marking—(1) Customs custody. Articles (or containers) in examination packages may be marked by
the importer at the place where they
have been discharged from the importing or bonded carrier or in the public
stores.
(2) Importer’s premises or elsewhere. If
it is impracticable to mark the articles
(or containers) in examination packages as provided in paragraph (a)(1) of
this section, the merchandise may be
turned over to the importer after the
amount of duty, estimated to be payable under 19 U.S.C. 1304(f) has been deposited to insure compliance with the
marking requirements and the payment of any additional expense which
will be incurred on account of Customs
supervision. (See § 134.55.) The port director may at his discretion accept the
bond on Customs Form 301, containing
the basic importation and entry bond
conditions set forth in § 113.62 of this
chapter as security for the requirements of 19 U.S.C. 1304 (f) and (g).
(b) Failure to export, destroy, or properly mark merchandise in examination
packages. If the articles (or containers)
in examination packages are not exported, destroyed, or properly marked
by the importer within a reasonable
time (not more than 30 days), they
shall be sent to general-order stores for
disposition in accordance with part 127
of this chapter, unless covered by a
warehouse entry. If covered by a warehouse entry, they shall be sent to the
warehouse containing the rest of the

§ 134.55

shipment for marking prior to withdrawal.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 78–99, 43 FR 13061, Mar. 29,
1978; T.D. 84–213, 49 FR 41183, Oct. 19, 1984;
T.D. 90–51, 55 FR 28191, July 10, 1990]

§ 134.54 Articles released from Customs custody.
(a) Demand for liquidated damages. If
within 30 days from the date of the notice of redelivery, or such additional
period as the port director may allow
for good cause shown, the importer
does not properly mark or redeliver all
merchandise previously released to
him, the port director shall demand
payment of liquidated damages incurred under the bond in an amount
equal to the entered value of the articles not properly marked or redelivered.
(b) Failure to petition for relief. A written petition addressed to the Commissioner of Customs for relief from the
payment of liquidated damages may be
filed with the Fines, Penalties, and
Forfeitures Officer in accord with part
172 of this chapter.
(c) Relief from full liquidated damages.
Any relief from the payment of the full
liquidated damages incurred will be
contingent upon the deposit of the
marking duty required by 19 U.S.C.
1304(f), and the satisfaction of the
Fines, Penalties, and Forfeitures Officer that the importer was not guilty of
bad faith in permitting the illegally
marked articles to be distributed, has
been diligent in attempting to secure
compliance with the marking requirements, and has attempted by all reasonable means to effect redelivery of
the merchandise.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 79–159, 44 FR 31969, June 4,
1979; T.D. 83–217, 48 FR 48659, Oct. 20, 1983;
T.D. 90–51, 55 FR 28191, July 10, 1990; T.D. 99–
27, 64 FR 13675, Mar. 22, 1999; T.D. 00–57, 65 FR
53575, Sept. 5, 2000]

§ 134.55 Compensation of Customs officers and employees.
(a) Time for which compensation is
charged. The time for which compensation is charged shall include all periods
devoted to supervision and all periods
during which Customs officers or employees are away from their regular

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§ 134.55

19 CFR Ch. I (4–1–12 Edition)

posts of duty by reason of such assignment and for which compensation to
such officers and employees is provided
for by law.
(b) Applicability—(1) Official hours.
The compensation of Customs Officers
or employees assigned to supervise the
exportation, destruction, or marking of
articles so as to exempt them from the
application of marking duties shall be
computed in accordance with the provisions of §§ 24.16 or 24.17(a)(3), respectively, of this chapter when such supervision is performed during a regularlyscheduled tour of duty.
(2) Overtime. When such supervision is
performed by a Customs Officer or employee in an overtime status, the compensation with respect to the overtime
shall be computed in accordance with
the provisions of § 24.16 or § 24.17, respectively, of this chapter.
(c) Expenses included. In formulating
charges for expenses pertaining to su-

pervision of exportation, destruction,
or marking, there shall be included all
expenses of transportation, per diem
allowance in lieu of subsistence, and all
other expenses incurred by reason of
such supervision from the time the
Customs officer leaves his official station until he returns thereto.
(d) Services rendered for more than one
importer. If the importations of more
than one importer are concurrently supervised, the service rendered for each
importer shall be regarded as a separate assignment, but the total amount
of the compensation, and any expenses
properly applicable to more than one
importer, shall be equitably apportioned among the importers concerned.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 94–74, 59 FR 46757, Sept. 12,
1994]

PARTS 135–140 [RESERVED]

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