The country-of-origin marking rule
The marking rule comes from Section 304 of the Tariff Act of 1930, codified at 19 U.S.C. 1304. It 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” to indicate to an ultimate purchaser in the United States the English name of the country of origin. The implementing regulations sit in 19 CFR Part 134. The point of the rule is simple: a US buyer should be able to see where the thing they are buying was made, without having to dig for it.
Who is the “ultimate purchaser”?
The marking has to reach the ultimate purchaser, defined in 19 CFR 134.1(d) as “generally the last person in the United States who will receive the article in the form in which it was imported.” That is usually the retail consumer — but not always. If a US manufacturer buys the imported article and turns it into something new, the manufacturer becomes the ultimate purchaser (see the further-processing exception below). Who the ultimate purchaser is decides where, and even whether, the marking has to appear.
How to mark goods correctly
When marking is required, the country of origin must be shown in a way that satisfies all five statutory attributes of 19 U.S.C. 1304(a): conspicuous (where the buyer can find it), legible (easy to read), indelible (it does not rub off), permanent (it lasts until the buyer has it), and in English (the full English name of the country — “Made in Vietnam”, not an abbreviation). Acceptable methods depend on the material: die-stamping, etching, engraving or molding for metal and hard plastic; a securely sewn or woven label for textiles; a permanently affixed adhesive or printed label where the article cannot take a direct mark.
The J-list and other exceptions
Not every article has to be individually marked. Under 19 U.S.C. 1304(a)(3) and 19 CFR 134.32–134.35 the main exceptions are:
- The J-list (19 CFR 134.33). A published list of articles excepted from individual marking — implementing section 304(a)(3)(J). The article itself need not be marked, but where it is imported in a container, the outermost container that reaches the ultimate purchaser must be marked to indicate the origin of its contents.
- Further processing / substantial transformation (19 CFR 134.35). If an imported article is used in US manufacture that gives it a new name, character or use, the US manufacturer is treated as the ultimate purchaser; the article is excepted, but the outermost containers of the imported articles must be marked.
- Incapable of being marked (19 CFR 134.32). Articles that cannot be marked without injury, only at prohibitive expense, or are genuinely incapable of being marked are excepted — the container is marked instead. The same section covers crude substances, articles imported for the importer's own use, and articles whose origin is necessarily known to the buyer.
The pattern across the exceptions is consistent: the article may be excepted, but the container almost always still has to be marked.
The 10% marking duty
Marking is not optional. Under 19 U.S.C. 1304(i), articles that are not properly marked — and that are not exported, destroyed, or marked after importation under CBP supervision before the entry is liquidated — are subject to a marking duty of 10 per centum ad valorem. That 10% is charged on top of any ordinary duty, so a marking slip turns a routine entry into a measurably more expensive one. Marking correctly the first time is almost always cheaper than fixing it under bond at the port.
Containers and repacking
Because the rule protects the ultimate purchaser, the container often carries the obligation. When an article is excepted, 19 CFR 134.33 and 134.35 push marking onto the outermost container that reaches the buyer. And if goods are repacked after importation, the person repacking must ensure the new container is marked (or that the marking shows through), so a properly marked import is not hidden by a fresh outer box on the way to the shelf.
Frequently asked questions
Do US-made goods need country-of-origin marking?
No. 19 U.S.C. 1304 applies only to articles of foreign origin, so goods made, grown or produced in the United States are outside the marking rule. (A voluntary “Made in USA” claim is governed separately by the FTC, not by CBP.)
If my product is on the J-list, do I skip marking entirely?
No. The J-list (19 CFR 134.33) excepts the article from individual marking, but where the article is imported in a container the outermost container that reaches the ultimate purchaser must still be marked with the country of origin.
What counts as “further processing”?
Manufacture in the US that gives the imported article a new name, character or use — a substantial transformation under 19 CFR 134.35. When that happens the US manufacturer is the ultimate purchaser, the article is excepted, and the outermost container of the imported article is marked instead.
How much is the penalty for failing to mark?
A marking duty of 10% ad valorem under 19 U.S.C. 1304(i), unless the goods are exported, destroyed, or marked after importation under CBP supervision before liquidation of the entry.
Is anything I enter into the checker sent to a server?
No. The verdict is computed entirely in your browser from the rules described above. Nothing you select leaves your device.
Sources
- US Customs and Border Protection: Country of Origin Marking (CBP enforcement guidance).
- 19 U.S.C. 1304 — the marking statute, including (a)(3) exceptions and (i) the 10% ad valorem marking duty.
- 19 CFR Part 134 — Country of Origin Marking regulations (134.1 definitions, 134.11 general rule, 134.32–134.35 exceptions and the J-list).
General guidance, not legal or customs advice. Country-of-origin marking and exceptions are determined by CBP under 19 U.S.C. 1304 and 19 CFR Part 134 — verify with CBP or your customs broker.