The Marking Statute is 19 U.S.C. § 1304, the federal law requiring that every imported article be marked, in a conspicuous place, legibly, indelibly, and permanently, with the English name of the country of origin so as to indicate to the ultimate purchaser the country in which the article was manufactured. It is the foundation of U.S. country of origin marking requirements.
The statute provides:
- § 1304(a) — General marking requirement
- § 1304(b) — Marking of containers when contents are exempt
- § 1304(d) — Authorized exceptions and J-list (codified in 19 CFR § 134.33)
- § 1304(i) — 10% ad valorem marking duty on goods not legally marked at the time of entry, in addition to regular duties — collected unless the goods are exported, destroyed, or properly marked under CBP supervision before liquidation
- § 1304(g) — Criminal penalties for intentional removal or alteration of country of origin marking (up to $5,000 and/or 1 year imprisonment)
Implementing regulations are in 19 CFR Part 134. Key provisions include:
- § 134.11 — Requirement that marking be done in the foreign country of origin (with limited exceptions)
- § 134.32 — General exceptions to individual marking
- § 134.33 — The J-list of articles exempt from individual marking
- § 134.41 — Requirements for marking (legibility, permanence, conspicuousness)
- § 134.43 — Specific marking methods for certain articles (knives, pliers, etc.)
The statute applies to all imported articles, with limited exceptions for U.S. government imports, articles for use by the importer, articles imported as repair parts, and certain other categories. CBP Form 4647 ("Notice to Mark or Notice to Redeliver") is the standard mechanism for handling unmarked imports at the port.
Special marking rules apply for specific industries:
- Steel pipe, wire, and other articles — Specific marking methods required under § 134.43
- Textiles — 16 CFR § 303 (Textile Fiber Products Identification Act)
- Watches — Special compound marking required (movement origin and case origin)
- Automobiles — American Automobile Labeling Act (49 U.S.C. § 32304)