Country of Origin Marking for US Imports: What the Rules Actually Require

The basic rule

Every article of foreign origin (or its container) imported into the United States must be marked with the English name of its country of origin. The marking must be legible, permanent, and in a conspicuous place -- meaning it must be visible to the ultimate purchaser without having to disassemble the product.

The ultimate purchaser is the last person in the US who will receive the article in the form in which it was imported. For retail goods, this is typically the end consumer. For bulk goods that will be repackaged before retail sale, the ultimate purchaser is often the repackager.

What 'made in China' actually needs to say

The origin marking for goods manufactured in China should read 'Made in China' or 'Product of China'. Abbreviations like 'China' alone on a hang tag are generally acceptable if clearly visible, but 'PRC' or 'PR China' without the full country name have been held as insufficient by CBP in some rulings.

The safest approach: use 'Made in China' in English, legibly printed or stamped on the article itself or on a label that cannot be removed before the article reaches the ultimate purchaser.

Where the marking must appear

Marking must be on the article itself unless: (1) the article is too small to be marked, (2) marking the article would injure or deface it, (3) the article is to be reprocessed by the importer, or (4) the article is specifically exempt by regulation.

When an exemption applies, the outermost container must be marked. For retail goods sold in consumer packaging, the country of origin on the retail box satisfies the requirement if the product will be sold in that box.

For loose goods (hardware, bulk components, craft supplies), each piece must be individually marked unless the goods are sold as a set or the individual pieces are too small.

Permanence requirements

The marking must be permanent enough to remain on the article until it reaches the ultimate purchaser. This means: printed directly on the article, stamped, engraved, molded into the product, or affixed as a label that cannot be easily removed.

Stickers, hang tags, and removable labels are generally not permanent enough for the article itself -- though they may be used for the retail container. If a label can be peeled off before the product reaches the consumer, it does not satisfy the permanence requirement.

The most common violation CBP encounters: a product with a removable sticker that says 'Made in China', which can be (and is) removed before retail sale. The fix is to have 'Made in China' molded into the product or printed directly on it.

Substantial transformation and country of origin

For goods that are manufactured or processed in multiple countries, the country of origin is the country where the article underwent its 'last substantial transformation' -- the process that changed the article's name, character, or use.

This matters for imports assembled in China from components sourced elsewhere. If the final assembly in China creates a new article with a distinct name, character, and use, China is the country of origin. If only minor assembly occurs in China and the essential character comes from components made elsewhere, the origin may be traced to the component country.

CBP issues binding ruling letters on origin questions. If you have a complex supply chain, a binding ruling gives you certainty about how CBP will classify your goods.

Common exemptions

• Articles that are incapable of being marked (gases, liquids, bulk commodities)
• Articles that cannot be marked without injury to the article or its packaging
• Articles that will be substantially transformed in the US before reaching the ultimate purchaser
• Specific categories listed in 19 CFR 134.33: crude substances, certain bulk goods, goods imported for use by the importer and not for resale
• Goods that will be processed or repackaged by the importer under specified conditions

When an exemption applies, the container must still be marked. And if goods arrive without marking and no exemption applies, CBP may assess a 10% ad valorem marking duty on the entered value.

What happens when goods are not properly marked

CBP has several options when goods arrive without proper marking: require the goods to be exported, destroyed, or marked under CBP supervision before release; assess a 10% marking duty; or issue a penalty under 19 USC 1304.

Marking under CBP supervision at the port typically requires drayage to a CBP-approved location and labor to affix the required marking. Cost is similar to a customs exam: $500 to $2,000 depending on the shipment.

For small parcels and e-commerce shipments: CBP's enforcement has increased. Items that arrive with no country of origin marking are increasingly held rather than released with a warning.

Practical steps before your shipment leaves China

• Specify 'Made in China' marking requirements in your purchase order or supplier agreement as part of the product specification.
• Confirm with your supplier that the marking is permanent -- molded, stamped, or printed -- not a removable sticker.
• Review the product and packaging in your pre-shipment inspection report. Add country of origin to your inspection checklist.
• For complex supply chains, consider requesting a CBP binding ruling on country of origin before your first large import.
• If you sell on Amazon, also check the platform's country of origin labeling requirements, which are separate from and in addition to CBP requirements.