879 Part 134—Country of Origin Marking

U.S. Customs and Border Protection, DHS; Treasury Pt. 134

removal or obliteration of the name, Subpart A—General Provisions mark, or trademark by reason of which 134.1 Definitions. the articles were seized. 134.2 Additional duties. (b) Copyright violations. Articles for- 134.3 Delivery withheld until marked and feited for violation of the copyright redelivery ordered. laws shall be destroyed. 134.4 Penalties for removal, defacement, or (c) Articles bearing a counterfeit trade- alteration of marking. mark. Merchandise forfeited for viola- Subpart B—Articles Subject to Marking tion of the trademark laws shall be destroyed, unless it is determined that 134.11 Country of origin marking required. the merchandise is not unsafe or a haz- 134.12 Foreign articles reshipped from a U.S. possession. ard to health and the Commissioner of 134.13 Imported articles repacked or manip- Customs or his designee has the writ- ulated. ten consent of the U.S. trademark 134.14 Articles usually combined. owner, in which case the Commissioner of Customs or his designee may dispose Subpart C—Marking of Containers or of the merchandise, after obliteration Holders of the trademark, where feasible, by: 134.21 Special marking. (1) Delivery to any Federal, State, or 134.22 General rules for marking of con- local government agency that, in the tainers or holders. opinion of the Commissioner or his des- 134.23 Containers or holders designed for or capable of reuse. ignee, has established a need for the 134.24 Containers or holders not designed merchandise; or for or capable of reuse. (2) Gift to any charitable institution 134.25 Containers or holders for repacked J- that, in the opinion of the Commis- list articles and articles incapable of sioner or his designee, has established being marked. a need for the merchandise; or 134.26 Imported articles repacked or manipulated. (3) Sale at public auction, if more than 90 days has passed since the for- Subpart D—Exceptions to Marking feiture and Customs has determined Requirements that no need for the merchandise has 134.31 Requirements of other agencies. been established under paragraph (c)(1) 134.32 General exceptions to marking re- or (c)(2) of this section. quirements. 134.33 J-List exceptions. [T.D. 79–159, 44 FR 31969, June 4, 1969, as 134.34 Certain repacked articles. amended by T.D. 94–90, 59 FR 55997, Nov. 10, 134.35 Articles substantially changed by 1994; T.D. 97–91, 62 FR 61232, Nov. 17, 1997] manufacture. 134.36 Inapplicability of marking exception § 133.53 Refund of duty. for articles processed by importer. If a violation of the trademark or copyright laws is not discovered until Subpart E—Method and Location of after entry and deposit of estimated Marking Imported Articles duty, the entry shall be endorsed with 134.41 Methods and manner of marking. an appropriate notation and the duty 134.42 Specific method may be required. refunded as an erroneous collection 134.43 Methods of marking specific articles. upon exportation or destruction of the 134.44 Location and other acceptable methods of marking. prohibited articles in accordance with 134.45 Approved markings of country name. § 158.41 or § 158.45 of this chapter. 134.46 Marking when name of country or locality other than country of origin ap- [T.D. 72–266, 37 FR 20678, Oct. 3, 1972, as pears. amended by T.D. 73–175, 38 FR 17447, July 2, 134.47 Souvenirs and articles marked with 1973] trademarks or trade names. PART 134—COUNTRY OF ORIGIN Subpart F—Articles Found Not Legally MARKING Marked 134.51 Procedure when importation found Sec. not legally marked. 134.0 Scope. 134.52 Certificate of marking.

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134.53 Examination packages. within the meaning of this part; how- 134.54 Articles released from Customs cus- ever, for a good of a NAFTA country, tody. the NAFTA Marking Rules will deter- 134.55 Compensation of Customs officers and employees. mine the country of origin. (c) Foreign origin. ‘‘Foreign origin’’ AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 66, 1202 refers to a country of origin other than (General Note 3(i), Harmonized Tariff Sched- the United States, as defined in para- ule of the United States), 1304, 1624. graph (e) of this section, or its posses- SOURCE: T.D. 72–262, 37 FR 20318, Sept. 29, sions and territories. 1972, unless otherwise noted. (d) Ultimate purchaser. The ‘‘ultimate § 134.0 Scope. purchaser’’ is generally the last person in the United States who will receive This part sets forth regulations im- the article in the form in which it was plementing the country of origin mark- imported; however, for a good of a ing requirements and exceptions of sec- NAFTA country, the ‘‘ultimate pur- tion 304 of the Tariff Act of 1930, as chaser’’ is the last person in the United amended (19 U.S.C. 1304), together with States who purchases the good in the certain marking provisions of the Har- form in which it was imported. It is not monized Tariff Schedule of the United feasible to state who will be the ‘‘ulti- States (19 U.S.C. 1202). The con- mate purchaser’’ in every cir- sequences and procedures to be fol- cumstance. The following examples lowed when articles are not legally may be helpful: marked are set forth in this part. The (1) If an imported article will be used consequences and procedures to be fol- in manufacture, the manufacturer may lowed when articles are falsely marked be the ‘‘ultimate purchaser’’ if he sub- are set forth in § 11.13 of this chapter. jects the imported article to a process Special marking and labeling require- which results in a substantial trans- ments are covered elsewhere. Provi- formation of the article, even though sions regarding the review and appeal the process may not result in a new or rights of exporters and producers re- different article, or for a good of a sulting from adverse North American NAFTA country, a process which re- Free Trade Agreement marking deci- sults in one of the changes prescribed sions are contained in subpart J of part in the NAFTA Marking Rules as effect- 181 of this chapter. ing a change in the article’s country of [T.D. 81–290, 46 FR 58070, Nov. 30, 1981, as origin. amended by T.D. 89–1, 53 FR 51255, Dec. 21, (2) If the manufacturing process is 1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993] merely a minor one which leaves the identity of the imported article intact, Subpart A—General Provisions the consumer or user of the article, who obtains the article after the proc- § 134.1 Definitions. essing, will be regarded as the ‘‘ulti- When used in this part, the following mate purchaser.’’ With respect to a terms shall have the meaning indi- good of a NAFTA country, if the manu- cated: facturing process does not result in one (a) Country. ‘‘Country’’ means the po- of the changes prescribed in the litical entity known as a nation. Colo- NAFTA Marking Rules as effecting a nies, possessions, or protectorates out- change in the article’s country of ori- side the boundaries of the mother gin, the consumer who purchases the country are considered separate coun- article after processing will be re- tries. garded as the ultimate purchaser. (b) Country of origin. ‘‘Country of ori- (3) If an article is to be sold at retail gin’’ means the country of manufac- in its imported form, the purchaser at ture, production, or growth of any arti- retail is the ‘‘ultimate purchaser.’’ cle of foreign origin entering the (4) If the imported article is distrib- United States. Further work or mate- uted as a gift the recipient is the ‘‘ul- rial added to an article in another timate purchaser’’, unless the good is a country must effect a substantial good of a NAFTA country. In that case, transformation in order to render such the purchaser of the gift is the ulti- other country the ‘‘country of origin’’ mate purchaser.

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(e) United States. ‘‘United States’’ in- § 134.3 Delivery withheld until marked cludes all territories and possessions of and redelivery ordered. the United States, except the Virgin Is- (a) Any imported article (or its con- lands, American Samoa, Wake Island, tainer) held in CBP custody for inspec- Midway Islands, Kingman Reef, John- tion, examination, or appraisement ston Island, and the island of Guam. will not be delivered until marked with (f) Customs territory of the United its country of origin, or until esti- States. ‘‘Customs territory of the mated duties payable under 19 U.S.C. United States,’’ as used in this chapter 1304(f), or adequate security for those includes the States, the District of Co- duties (see § 134.53(a)(2)), are deposited. lumbia, and the Commonwealth of (b) The port director may demand re- Puerto Rico. delivery to CBP custody of any article (g) Good of a NAFTA country. A ‘‘good (or its container) previously released of a NAFTA country’’ is an article for which is found to be not marked le- which the country of origin is Canada, gally with its country of origin for the Mexico or the United States as deter- purpose of requiring the article (or its mined under the NAFTA Marking container) to be properly marked. A de- Rules. mand for redelivery will be made, as (h) NAFTA. ‘‘NAFTA’’ means the required under § 141.113(a) of this chap- North American Free Trade Agreement ter, not later than 30 days after— entered into by the United States, Can- (1) The date of entry, in the case of ada and Mexico on August 13, 1992. merchandise examined in public stores (i) NAFTA country. ‘‘NAFTA coun- and places of arrival, such as docks, try’’ means the territory of the United wharfs, or piers; or States, Canada or Mexico, as defined in (2) The date of examination, in the Annex 201.1 of the NAFTA. case of merchandise examined at the (j) NAFTA Marking Rules. The importer’s premises or such other ap- ‘‘NAFTA Marking Rules’’ are the rules propriate places as determined by the promulgated for purposes of deter- port director. mining whether a good is a good of a (c) Nothing in this part shall be con- NAFTA country. strued as excepting any article (or its (k) Conspicuous. ‘‘Conspicuous’’ container) from the particular require- means capable of being easily seen ments of marking provided for in any with normal handling of the article or other provision of law. container. [T.D. 80–88, 45 FR 18921, Mar. 24, 1980, as [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 90–51, 55 FR 28190, July 10, amended by T.D. 94–1, 58 FR 69471, Dec. 30, 1990; CBP Dec. 08-25, 73 FR 40726, July 16, 1993; T.D. 95–68, 60 FR 46362, Sept. 6, 1995] 2008]

§ 134.2 Additional duties. § 134.4 Penalties for removal, deface- Articles not marked as required by ment, or alteration of marking. this part shall be subject to additional Any intentional removal, deface- duties of 10 percent of the final ap- ment, destruction, or alteration of a praised value unless exported or de- marking of the country of origin re- stroyed under Customs supervision quired by section 304, Tariff Act of 1930, prior to liquidation of the entry, as as amended (19 U.S.C. 1304), and this provided in 19 U.S.C. 1304(f). The 10 per- part in order to conceal this informa- cent additional duty is assessable for tion may result in criminal penalties failure either to mark the article (or of up to $5,000 and/or imprisonment for container) to indicate the English 1 year, as provided in 19 U.S.C. 1304(h). name of the country of origin of the article or to include words or symbols re- [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as quired to prevent deception or mistake. 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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Subpart B—Articles Subject to § 134.14 Articles usually combined. Marking (a) Articles combined before delivery to purchaser. When an imported article is § 134.11 Country of origin marking re- of a kind which is usually combined quired. with another article after importation Unless excepted by law, section 304, but before delivery to an ultimate pur- Tariff Act of 1930, as amended (19 chaser and the name indicating the U.S.C. 1304), requires that every article country of origin of the article appears of foreign origin (or its container) im- in a place on the article so that the ported into the United States shall be name will be visible after such com- marked in a conspicuous place as leg- bining, the marking shall include, in ibly, indelibly, and permanently as the addition to the name of the country of nature of the article (or container) will origin, words or symbols which shall permit, in such manner as to indicate clearly show that the origin indicated to an ultimate purchaser in the United is that of the imported article only and States the English name of the country not that of any other article with of origin of the article, at the time of importation into the Customs territory which the imported article may be of the United States. Containers of ar- combined after importation. ticles excepted from marking shall be (b) Example. Labels and similar arti- marked with the name of the country cles so marked that the name of the of origin of the article unless the con- country of origin of the label or article tainer is also excepted from marking. is visible after it is affixed to another article in this country shall be marked § 134.12 Foreign articles reshipped with additional descriptive words such from a U.S. possession. as ‘‘Label made (or printed) in (name of Articles of foreign origin imported country)’’ or words of similar meaning. into any possession of the United See subpart C of this part for marking States outside its Customs territory of bottles, drums, or other containers. and reshipped to the United States are (c) Applicability. This section shall subject to all marking requirements not apply to articles of a kind which applicable to like articles of foreign or- are ordinarily so substantially changed igin imported directly from a foreign in the United States that the articles country to the United States. in their changed condition become products of the United States. An arti- § 134.13 Imported articles repacked or cle excepted from marking under sub- manipulated. part D of this part is not within the (a) Marking requirement. An article scope of section 304(a)(2), Tariff Act of within the provisions of this section 1930, as amended (19 U.S.C. 1304(a)(2)), shall be marked with the name of the and is not subject to the requirements country of origin at the time the arti- of this section. cle is withdrawn for consumption unless the article and its container are exempted from marking under provi- Subpart C—Marking of Containers sions of subpart D of this part at the or Holders time of importation. § 134.21 Special marking. (b) Applicability. The provisions of this section are applicable to the fol- This subpart includes only country of lowing articles: origin marking requirements and ex- (1) Articles repacked in a bonded ceptions under section 304(b), Tariff warehouse under § 19.8 of this chapter; Act of 1930, as amended (19 U.S.C. (2) Articles manipulated under sec- 1304(b)), for containers or holders. Spe- tion 562, Tariff Act of 1930, as amended cial marking may be required by the (19 U.S.C. 1562), and § 19.11 of this chap- Internal Revenue Service on alcoholic ter; beverage bottles and other require- (3) Articles manipulated, but not ments may be imposed by reason of the manufactured, in a foreign-trade zone nature of the contents by other Gov- under § 146.32 of this chapter. ernment agencies.

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§ 134.22 General rules for marking of packing, storage and transportation containers or holders. materials. (a) Contents excepted from marking. (2) A good of a NAFTA country which When an article is excepted from the is a usual container. A good of a NAFTA marking requirements by subpart D of country which is a usual container, this part, the outermost container or whether or not disposable and whether holder in which the article ordinarily or not imported empty or filled, is not reaches the ultimate purchaser shall be required to be marked with its own marked to indicate the country of ori- country of origin. If imported empty, gin of the article whether or not the the importer must be able to provide article is marked to indicate its coun- satisfactory evidence to Customs at try of origin. the time of importation that it will be (b) Containers or holders treated as im- used only as a usual container (that it ported articles. Containers or holders for is to be filled with goods after importa- imported merchandise which are sub- tion and that such container is of a ject to treatment as imported articles type in which these goods ordinarily under the Harmonized Tariff Schedule reach the ultimate purchaser). of the United States (19 U.S.C. 1202), (e) Exceptions. Containers or holders shall be marked to indicate clearly the of imported articles are not required to country of their own origin in addition be marked if: to any marking which may be required (1) Excepted articles. They are con- to show the country of origin of their tainers or holders of articles within the contents; however, no marking is re- exceptions set forth in paragraph (f), quired for any good of a NAFTA coun- (g), or (h) in § 134.32 or they are con- try which is a usual container. tainers of a good of a NAFTA country (c) Containers or holders bearing a U.S. within the exceptions set forth in para- address. Containers or holders of im- graph (e), (f), (g), (h), (i), (p) or (q) of ported merchandise bearing the name § 134.32. and address of an importer, distributor, (2) Excepted containers or holders. The or other person or company in the container or holder itself is within an United States shall be marked in close exception set forth in subpart D of this proximity to the U.S. address to indi- part. cate clearly the country of origin of (3) To be filled by the importer. The the contents with a marking such as container or holder is within the excep- ‘‘Contents made in France’’ or ‘‘Con- tion set forth in § 134.24(c). tents Product of Spain.’’ [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as (d) Usual containers—(1) ‘‘Usual con- amended by T.D. 94–1, 58 FR 69471, Dec. 30, tainer’’ defined. For purposes of this 1993] subpart, a usual container means the container in which a good will ordi- § 134.23 Containers or holders de- narily reach its ultimate purchaser. signed for or capable of reuse. Containers which are not included in (a) Usual and ordinary reusable con- the price of the goods with which they tainers or holders. Except for goods of a are sold, or which impart the essential NAFTA country which are usual con- character to the whole, or which have tainers, containers or holders designed significant uses, or lasting value inde- for or capable of reuse after the con- pendent of the contents, will generally tents have been consumed, whether im- not be regarded as usual containers. ported full or empty, must be individ- However, the fact that a container is ually marked to indicate the country sturdy and capable of repeated use with of their own origin with a marking its contents does not preclude it from such as, ‘‘Container Made in (name of being considered a usual container so country).’’ Examples of the containers long as it is the type of container in or holders contemplated are heavy which its contents are ordinarily sold. duty steel drums, tanks, and other A usual container may be any type of similar shipping, storage, transpor- container, including one which is spe- tation containers or holders capable of cially shaped or fitted to contain a spe- reuse. These containers or holders are cific good or set of goods such as a subject to the treatment specified in camera case or an eyeglass case, or General Rule of Interpretation 5(b),

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Harmonized Tariff Schedule of the U.S.C. 1304(a)(3)(D). The outside wrap- United States (19 U.S.C. 1202). pings or packages containing the con- (b) Other reusable containers or hold- tainers shall be clearly marked to indi- ers. Containers or holders which give cate the country of origin. the whole importation its essential (2) If marked. If the disposable con- character, as described in General Rule tainers or holders or the usual con- of Interpretation 5(a) (19 U.S.C. 1202), tainers which are goods of a NAFTA must be individually marked to clearly country are marked with the country indicate their own origin with a mark- of origin at the time of importation ing such as, ‘‘Container made in (name and the marking will be visible after of country).’’ Examples of the con- they are filled, the marking shall tainers contemplated are mustard jars clearly indicate that the container reusable as beer mugs; shaving soap only and not the contents were made in containers reusable as shaving mugs; the named country. For example, bot- fancy cologne bottles reusable as flow- tles, drums, or other containers im- er vases, and other containers which ported empty, to be filled in the United have a lasting value or decorative use. States, shall be marked with such [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as words as ‘‘Bottle (or container) made amended by T.D. 89–1, 53 FR 51256, Dec. 21, in (name of country).’’ 1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993] (d) Imported full—(1) When contents are excepted from marking. Usual dispos- § 134.24 Containers or holders not designed for or capable of reuse. able containers in use as such at the time of importation shall not be re- (a) Containers ordinarily discarded quired to be marked to show the coun- after use. Disposable containers or hold- try of their own origin, but shall be ers subject to the provisions of this marked to indicate the origin of their section are the usual ordinary types of contents regardless of the fact that the containers or holders, including cans, contents are excepted from marking bottles, paper or polyethylene bags, pa- requirements; however, such marking perboard boxes, and similar containers is not required if the contents are ex- or holders which are ordinarily dis- cepted from marking requirements carded after the contents have been under paragraph (f), (g), or (h) of § 134.32 consumed. or, in the case of a good of a NAFTA (b) Imported empty. Disposable con- country, under paragraph (e), (f), (g), tainers or holders imported for dis- (h), (i), (p) or (q) of that section. tribution or sale are subject to treatment as imported articles in accord- (2) Sealed containers or holders. Dis- ance with the Harmonized Tariff posable containers or holders of im- Schedule of the United States (19 ported merchandise, which are sold U.S.C. 1202), and shall be marked to in- without normally being opened by the dicate clearly the country of their own ultimate purchaser (e.g., individually origin. However, when the containers wrapped soap bars or tennis balls in a are packed and sold in multiple units vacuum sealed can), shall be marked to (dozens, gross, etc.), this requirement indicate the country of origin of their ordinarily may be met by marking the contents. outermost container which reaches the (3) Unsealed containers. Unsealed dis- ultimate purchaser. posable containers of imported mer- (c) Imported to be filled—(1) If un- chandise normally unopened by the ul- marked. When disposable containers or timate purchaser, may be excepted holders or usual containers which are from marking if the article is so goods of a NAFTA country are im- marked that the country of origin is ported by persons or firms who fill or clearly visible without unpacking the package them with various products container. However, if the container is which they sell, these persons or firms normally opened by the ultimate pur- are the ‘‘ultimate purchasers’’ of these chaser prior to purchase, only the arti- containers or holders or usual con- cle need be marked. tainers which are goods of a NAFTA [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as country and they may be excepted amended by T.D. 89–1, 53 FR 51255, Dec. 21, from individual marking pursuant to 19 1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993]

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§ 134.25 Containers or holders for re- used, a certification must be filed at packed J-list articles and articles each port where the article is entered. incapable of being marked. (b) Facsimile signatures. The certifi- (a) Certification requirements. If an ar- cation statement may be signed by ticle subject to these requirements is means of an authorized facsimile signa- intended to be repacked in new con- ture. tainers for sale to an ultimate pur- (c) Time of filing. The certification chaser after its release from Customs statement shall be filed with the port custody, or if the port director having director at the time of entry summary. custody of the article, has reason to be- If the certification is not available at lieve such article will be repacked after that time, a bond shall be given for its its release, the importer shall certify production in accordance with § 141.66, to the port director that: (1) If the im- Customs Regulations (19 CFR 141.66). In porter does the repacking, the new con- case of repeated failure to timely file tainer shall be marked to indicate the the certification required under this country of origin of the article in ac- section, the port director may decline cordance with the requirements of this to accept a bond for the missing docu- part; or (2) if the article is intended to ment and demand redelivery of the be sold or transferred to a subsequent merchandise under § 134.51, Customs purchaser or repacker, the importer Regulations (19 CFR 134.51). shall notify such purchaser or trans- (d) Notice to subsequent purchaser or feree, in writing, at the time of sale or repacker. If the article is sold or trans- transfer, that any repacking of the ar- ferred to a subsequent purchaser or re- ticle must conform to these require- packer the following notice shall be ments. The importer, or his authorized given to the purchaser or repacker: agent, shall sign the following state- NOTICE TO SUBSEQUENT PURCHASER OR ment. REPACKER

CERTIFICATE OF MARKING—REPACKED J-LIST These articles are imported. The require- ARTICLES AND ARTICLES INCAPABLE OF ments of 19 U.S.C. 1304 and 19 CFR part 134 BEING MARKED provide that the articles or their containers must be marked in a conspicuous place as (Port of entry) lllllllllllllll legibly, indelibly and permanently as the na- I, of , certify that if the arti- ture of the article or container will permit, cle(s) covered by this entry (entry no.(s) in such a manner as to indicate to an ulti- dated ), is (are) repacked in a new con- mate purchaser in the United States, the tainer(s), while still in my possession, the English name of the country of origin of the new containers, unless excepted, shall be article. marked in a conspicuous place as legibly, indelibly, and permanently as the nature of (e) Duties and penalties. Failure to the container(s) will permit, in such manner comply with the certification require- as to indicate the country of origin of the ar- ments in paragraph (a) may subject the ticle(s) to the ultimate purchaser(s) in ac- importer to a demand for liquidated cordance with the requirements of 19 U.S.C. damages under § 134.54(a) and for the 1304 and 19 CFR part 134. I further certify additional duty under 19 U.S.C. 1304. that if the article(s) is (are) intended to be sold or transferred by me to a subsequent Fraud or negligence by any person in purchaser or repacker, I will notify such pur- furnishing the required certification chaser or transferee, in writing, at the time may also result in a penalty under 19 of sale or transfer, of the marking require- U.S.C. 1592. ments. [T.D. 83–155, 48 FR 33863, July 26, 1983] Date lllllllllllllllllllll Importer llllllllllllllllll § 134.26 Imported articles repacked or The certification statement may ap- manipulated. pear as a typed or stamped statement (a) Certification requirements. If an ar- on an appropriate entry document or ticle subject to these requirements is commercial invoice, or on a preprinted intended to be repacked in retail con- attachment to such entry or invoice; or tainers (e.g., blister packs) after its re- it may be submitted in blanket form to lease from Customs custody, or if the cover all importations of a particular port director having custody of the ar- product for a given period (e.g., cal- ticle, has reason to believe such article endar year). If the blanket procedure is will be repacked after its release, the

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importer shall certify to the port direc- (c) Time of filing. The certification tor that: (1) If the importer does the re- statement shall be filed with the port packing, he shall not obscure or con- director at the time of entry summary. ceal the country of origin marking ap- If the certification is not available at pearing on the article, or else the new that time, a bond shall be given for its container shall be marked to indicate production in accordance with § 141.66, the country of origin of the article in Customs Regulations (19 CFR 141.66). In accordance with the requirements of case of repeated failure to timely file this part; or (2) if the article is in- the certification required under this tended to be sold or transferred to a subsection, the port director may de- subsequent purchaser or repacker, the cline to accept a bond for the missing importer shall notify such purchaser or document and demand redelivery of the transferee, in writing, at the time of merchandise under § 134.51, Customs sale or transfer, that any repacking of Regulations (19 CFR 134.51). the article must conform to these re- (d) Notice to subsequent purchaser or quirements. The importer, or his au- repacker. If the article is sold or trans- thorized agent, shall sign the following ferred to a subsequent purchaser or re- statement. packer the following notice shall be given to the purchaser or repacker: CERTIFICATE OF MARKING BY IMPORTER— REPACKED ARTICLES SUBJECT TO MARKING NOTICE TO SUBSEQUENT PURCHASER OR REPACKER (Port of entry) lllllllllllllll I, llll of llll, certify that if the ar- These articles are imported. The require- ticle(s) covered by this entry (entry no.(s) ments of 19 U.S.C. 1304 and 19 CFR part 134 ll dated ll), is (are) repacked in retail provide that the articles in their containers container(s) e.g., blister packs), while still in must be marked in a conspicuous place as my possession, the new container(s) will not legibly, indelibly and permanently as the na- conceal or obscure the country of origin ture of the article or container will permit, marking appearing on the article(s), or else in such a manner as to indicate to an ulti- the new container(s), unless excepted, shall mate purchaser in the United States, the be marked in a conspicuous place as legibly, English name of the country of origin of the indelibly, and permanently as the nature of article. the container(s) will permit, in such manner (e) Duties and penalties. Failure to as to indicate the country of origin of the article(s) to the ultimate purchaser(s) in ac- comply with the certification require- cordance with the requirements of 19 U.S.C. ments in paragraph (a) may subject the 1304 and 19 CFR part 134. I further certify importer to a demand for liquidated that if the article(s) is (are) intended to be damages under § 134.54(a) and for the sold or transferred by me to a subsequent additional duty under 19 U.S.C. 1304. purchaser or repacker, I will notify such pur- Fraud or negligence by any person in chaser or transferee, in writing, at the time furnishing the required certification of sale or transfer, of the marking require- may also result in a penalty under 19 ments. U.S.C. 1592. Date lllllllllllllllllllll (f) Exceptions. The requirements of Importer llllllllllllllllll this section do not apply to repack- The certification statement may ap- aging in a container that can readily pear as a typed or stamped statement be opened for inspection by the ulti- on an appropriate entry document or mate purchaser in the United States, commercial invoice, or on a preprinted unless such container bears a U.S. ad- attachment to such entry or invoice; or dress or other potentially misleading it may be submitted in blanket form to marking. cover all importations of a particular product for a given period (e.g., cal- [T.D. 84–127, 49 FR 22795, June 1, 1984] endar year). If the blanket procedure is used, a certification must be filed at Subpart D—Exceptions to Marking each port where the article(s) is en- Requirements tered. (b) Facsimile signatures. The certifi- § 134.31 Requirements of other agen- cation statement may be signed by cies. means of an authorized facsimile signa- Nothing in this subpart shall be con- ture. strued as excepting any article (or its

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container) from the particular require- (m) Products of the United States ex- ments of marking provided for in any ported and returned; other provision of any law, such as (n) Articles exempt from duty under those of the Federal Trade Commis- §§ 10.151 through 10.153, 145.31 or 145.32 sion, Food and Drug Administration, of this chapter; and other agencies. (o) Articles which cannot be marked after importation except at an expense § 134.32 General exceptions to marking that would be economically prohibitive requirements. unless the importer, producer, seller, The articles described or meeting the or shipper failed to mark the articles specified conditions set forth below are before importation to avoid meeting excepted from marking requirements the requirements of the law; (see subpart C of this part for marking (p) Goods of a NAFTA country which of the containers): are original works of art; and (a) Articles that are incapable of (q) Goods of a NAFTA country which being marked; are provided for in subheading 6904.10 (b) Articles that cannot be marked or heading 8541 or 8542 of the Har- prior to shipment to the United States monized Tariff Schedule of the United without injury; States (HTSUS) (19 U.S.C. 1202). (c) Articles that cannot be marked [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as prior to shipment to the United States amended by T.D. 73–135, 38 FR 13369, May 21, except at an expense economically pro- 1973; T.D. 73–175, 38 FR 17447, July 2, 1973; hibitive of its importation; T.D. 94–1, 58 FR 69471, Dec. 30, 1993; T.D. 94– (d) Articles for which the marking of 4, 59 FR 140, Jan. 3, 1994; T.D. 96–48, 61 FR the containers will reasonably indicate 28980, June 6, 1996] the origin of the articles; § 134.33 J-List exceptions. (e) Articles which are crude substances; Articles of a class or kind listed (f) Articles imported for use by the below are excepted from the require- importer and not intended for sale in ments of country of origin marking in their imported or any other form; accordance with the provisions of sec- (g) Articles to be processed in the tion 304(a)(3)(J), Tariff Act of 1930, as United States by the importer or for amended (19 U.S.C. 1304(a)(3)(J)). How- his account otherwise than for the pur- ever, in the case of any article described in this list which is imported in pose of concealing the origin of such a container, the outermost container articles and in such manner that any in which the article ordinarily reaches mark contemplated by this part would the ultimate purchaser is required to necessarily be obliterated, destroyed, be marked to indicate the origin of its or permanently concealed; contents in accordance with the re- (h) Articles for which the ultimate quirements of subpart C of this part. purchaser must necessarily know, or in All articles are listed in Treasury Deci- the case of a good of a NAFTA country, sions 49690, 49835, and 49896. A reference must reasonably know, the country of different from the foregoing indicates origin by reason of the circumstances an amendment. of their importation or by reason of the character of the articles even though Articles References they are not marked to indicate their Art, works of. origin; Articles classified under sub- T.D. 66–153. (i) Articles which were produced headings 9810.00.15, more than 20 years prior to their im- 9810.00.25, 9810.00.40 and portation into the United States; 9810.00.45, Harmonized Tariff Schedule of the United States. (j) Articles entered or withdrawn Articles entered in good faith as from warehouse for immediate expor- antiques and rejected as tation or for transportation and expor- unauthentic. Bagging, waste. tation; Bags, jute. (k) Products of American fisheries Bands, steel. which are free of duty; Beads, unstrung. Bearings, ball, 5⁄8–inch or less in (l) Products of possessions of the diameter. United States; Blanks, metal, to be plated.

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Articles References Articles References

Bodies, harvest hat. Plants, shrubs and other nursery Bolts, nuts, and washers. stock. Briarwood in blocks. Plugs, tie. Briquettes, coal or coke. Poles, bamboo. Buckles, 1 inch or less in greatest Posts (wood), fence. dimension. Pulpwood. Burlap. Rags (including wiping rags) Buttons. Rails, joint bars, and tie plates Cards, playing. covered by subheadings Cellophane and celluloid in 7302.10.10 through 7302.90.00, sheets, bands, or strips. Harmonized Tariff Schedule of Chemicals, drugs, medicinal, and the United States. similar substances, when im- Ribbon. ported in capsules, pills, tablets, Rivets. lozenges, or troches. Rope, including wire rope; cord- Cigars and cigarettes. age; cords; twines, threads, and Covers, straw bottle. yarns. Dies, diamond wire, unmounted. Scrap and waste. Dowels, wooden. Screws. Effects, theatrical. Shims, track. Eggs. Shingles (wood), bundles of (ex- T.D. 49750. Feathers. cept bundles of red-cedar shin- Firewood. gles). Flooring, not further manufactured T.D.s 49750; 50366(6). Skins, fur, dressed or dyed. than planed, tongued and Skins, raw fur. grooved. Sponges. Flowers, artificial, except Springs, watch. bunches. Stamps, postage and revenue, T.D. 66–153. Flowers, cut. and other articles covered in Glass, cut to shape and size for subheadings 9704.00.00 and use in clocks, hand, pocket, 4807.00.00, Harmonized Tariff and purse mirrors, and other Schedule of the United States. glass of similar shapes and Staves (wood), barrel. sizes, not including lenses or Steel, hoop. watch crystals. Sugar, maple. Glides, furniture, except glides Ties (wood), railroad. with prongs. Tides, not over 1 inch in greatest Hairnets. dimension. Hides, raw. Timbers, sawed. Hooks, fish (except snelled fish T.D. 50205(3). Tips, penholder. hooks). Trees, Christmas. Hoops (wood), barrel. Weights, analytical and precision T.D.s 49750; 51802. Laths. in sets Leather, except finished. Wicking, candle. Wire, except barbed. Livestock. Lumber, sawed ...... T.D.s 49750; 50366(6). Metal bars, except concrete rein- [T.D. 72–262, 35 FR 20318, Sept. 29, 1972, as forcement bars; billets, blocks, amended by T.D. 85–123, 50 FR 29954, July 23, blooms; ingots; pigs; plates; sheets, except galvanized 1985; T.D. 89–1, 53 FR 51256, Dec. 21, 1988; T.D. sheets; shafting; slabs; and 95–79, 60 FR, 49752, Sept. 27, 1995] metal in similar forms. Mica not further manufactured § 134.34 Certain repacked articles. than cut or stamped to dimen- sions, shape or form. (a) Exception for repacked articles. An Monuments. exception under § 134.32(d) may be au- Nails, spikes, and staples. thorized in the discretion of the port Natural products, such as vegeta- bles, fruits, nuts, berries, and director for imported articles which live or dead animals, fish and are to be repacked after release from birds; all the foregoing which Customs custody under the following are in their natural state or not conditions: advanced in any manner further than is necessary for their safe (1) The containers in which the arti- transportation. cles are repacked will indicate the ori- Nets, bottle, wire. gin of the articles to an ultimate pur- Paper, newsprint. Paper, stencil. chaser in the United States. Paper, stock. (2) The importer arranges for super- Parchment and vellum. vision of the marking of the containers Parts for machines imported from by Customs officers at the importer’s same country as parts. Pickets (wood). expense or secures such verification, as Pins, tuning. may be necessary, by certification and

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the submission of a sample or other- 1930, as amended (19 U.S.C. wise, of the marking prior to the liq- 1304(a)(3)(G)), if there is a reasonable uidation of the entry. method of marking which will not be (b) Liquidation of entries. The liquida- obliterated, destroyed, or permanently tion of such entries may be deferred for concealed by such processing. a period of not more than 60 days from the date that a request for repacking is [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 97–72, 62 FR 44214, Aug. 20, granted. Extensions of the 60-day defer- 1997] ral period may be granted by the port director in his discretion upon written application by the importer. Subpart E—Method and Location of Marking Imported Articles [T.D. 84–127, 49 FR 22795, June 1, 1984] § 134.41 Methods and manner of mark- § 134.35 Articles substantially changed ing. by manufacture. (a) Articles other than goods of a (a) Suggested methods of marking. Sec- NAFTA country. An article used in the tion 304 of the Tariff Act of 1930, as United States in manufacture which amended (19 U.S.C. 1304), requires that results in an article having a name, the marking of the country of origin be character, or use differing from that of legible, indelible, and permanent. Defi- the imported article, will be within the nite methods of marking are prescribed principle of the decision in the case of only for articles provided for in § 134.43 United States v. Gibson-Thomsen Co., and for articles which are the objects Inc., 27 C.C.P.A. 267 (C.A.D. 98). Under of special rulings by the Commissioner this principle, the manufacturer or of Customs. As a general rule, marking processor in the United States who requirements are best met by marking converts or combines the imported ar- worked into the article at the time of ticle into the different article will be manufacture. For example, it is sug- considered the ‘‘ultimate purchaser’’ of gested that the country of origin on the imported article within the con- metal articles be die sunk, molded in templation of section 304(a), Tariff Act or etched; on earthenware or chinaware of 1930, as amended (19 U.S.C. 1304(a)), be glazed on in the process of firing; and the article shall be excepted from and on paper articles be imprinted. marking. The outermost containers of (b) Degree of permanence and visibility. the imported articles shall be marked The degree of permanence should be at in accord with this part. least sufficient to insure that in any (b) Goods of a NAFTA country. A good reasonably foreseeable circumstance, of a NAFTA country which is to be the marking shall remain on the arti- processed in the United States in a cle (or its container) until it reaches manner that would result in the good the ultimate purchaser unless it is de- becoming a good of the United States liberately removed. The marking must under the NAFTA Marking Rules is ex- survive normal distribution and store cepted from marking. Unless the good handling. The ultimate purchaser in is processed by the importer or on its the United States must be able to find behalf, the outermost container of the the marking easily and read it without good shall be marked in accord with strain. this part. § 134.42 Specific method may be re- [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as quired. amended by T.D. 94–1, 58 FR 69472, Dec. 30, 1993] Marking merchandise by specific methods, such as die stamping, cast-in- § 134.36 Inapplicability of marking ex- the-mold lettering, etching, or engrav- ception for articles processed by ing, or cloth labels may be required by importer. the Commissioner of Customs in ac- An article which is to be processed in cordance with section 304(a), Tariff Act the United States by the importer or of 1930, as amended (19 U.S.C. 1304(a)). for his account shall not be considered Notices of such rulings shall be pub- to be within the specifications of sec- lished in the FEDERAL REGISTER and tion 304(a)(3)(G), of the Tariff Act of the Customs Bulletin.

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§ 134.43 Methods of marking specific (3) Exception. If it is technically or articles. commercially infeasible to mark in the (a) Marking previously required by cer- manner specified in paragraph (c)(2) of tain provisions of the Tariff Act of 1930. this section, or in the case of a good of Except for goods of a NAFTA country, a NAFTA country, the article may be articles of a class or kind listed below marked by means of a string tag or ad- shall be marked legibly and conspicu- hesive label securely affixed, or some ously by die stamping, cast-in-the- other similar method. mold lettering, etching (acid or elec- (d) Native American-style arts and trolytic), engraving, or by means of crafts—(1) Definition. For the purpose of metal plates which bear the prescribed this provision, Native American-style marking and which are securely at- arts and crafts are arts and crafts, such tached to the article in a conspicuous as pottery, rugs, kachina dolls, baskets place by welding, screws, or rivets: and beadwork, which incorporate tradi- knives, forks, steels, cleavers, clippers, tional Native American design motifs, shears, scissors, safety razors, blades materials and/or construction and for safety razors, surgical instruments, therefore look like, and could possibly dental instruments, scientific and lab- be mistaken for, arts and crafts made oratory instruments, pliers, pincers, by Native Americans. nippers and hinged hand tools for hold- (2) Method of Marking. Except as pro- ing and splicing wire, vacuum con- vided for in 19 U.S.C. 1304(a)(3) and tainers, and parts of the above articles. § 134.32 of this part, Native American- Goods of a NAFTA country shall be style arts and crafts must be indelibly marked by any reasonable method marked with the country of origin by which is legible, conspicuous and per- means of cutting, die-sinking, engrav- manent as otherwise provided in this ing, stamping, or some other equally part. permanent method. On textile articles, (b) Watch, clock, and timing apparatus. such as rugs, a sewn in label is consid- The country of origin marking require- ered to be an equally permanent meth- ments on watches, clocks, and timing od. apparatus are intensive and require special methods. (See § 11.9 of this (3) Exception. Where it is technically chapter and Chapter 91, Additional U.S. or commercially infeasible to mark in Note 4, Harmonized Tariff Schedule of the manner specified in paragraph the United States (19 U.S.C. 1202)). (d)(2) of this section, or in the case of (c) Native American-style jewelry—(1) a good of a NAFTA country, the article Definition. For the purpose of this pro- may be marked by means of a string vision, Native American-style jewelry tag or adhesive label securely affixed, is jewelry which incorporates tradi- or some other similar method. tional Native American design motifs, (e) Assembled articles. Where an arti- materials and/or construction and cle is produced as a result of an assem- therefore looks like, and could possibly bly operation and the country of origin be mistaken for, jewelry made by Na- of such article is determined under this tive Americans. chapter to be the country in which the (2) Method of marking. Except as pro- article was finally assembled, such ar- vided in 19 U.S.C. 1304(a)(3) and in para- ticle may be marked, as appropriate, in graph (c)(3) of this section, Native a manner such as the following: American-style jewelry must be indeli- (1) Assembled in (country of final as- bly marked with the country of origin sembly); by cutting, die-sinking, engraving, (2) Assembled in (country of final as- stamping, or some other permanent sembly) from components of (name of method. The indelible marking must country or countries of origin of all appear legibly on the clasp or in some components); or other conspicuous location, or alter- natively, on a metal or plastic tag indelibly marked with the country of origin and permanently attached to the article.

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(3) Made in, or product of, (country of shall be published in the FEDERAL REG- final assembly). ISTER and the Customs Bulletin. [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as (2) A good of a NAFTA country may amended by T.D. 89–1, 53 FR 51255, Dec. 21, be marked with the name of the coun- 1988; T.D. 89–88, 54 FR 39524, Sept. 27, 1989; try of origin in English, French or T.D. 90–75, 55 FR 38317, Sept. 18, 1990; T.D. 90– Spanish. 78, 55 FR 40166, Oct. 2, 1990; T.D. 94–1, 58 FR (b) Abbreviations and variant spellings. 69472, Dec. 30, 1993; T.D. 94–4, 59 FR 140, Jan. Abbreviations which unmistakably in- 3, 1994; T.D. 96–48, 61 FR 28980, June 6, 1996] dicate the name of a country, such as § 134.44 Location and other acceptable ‘‘Gt. Britain’’ for ‘‘Great Britain’’ or methods of marking. ‘‘Luxemb’’ and ‘‘Luxembg’’ for ‘‘Lux- embourg’’ are acceptable. Variant (a) Other acceptable methods. Except spellings which clearly indicate the for articles described in § 134.43 of this English name of the country of origin, part or the subject of a ruling by the such as ‘‘Brasil’’ for ‘‘Brazil’’ and Commissioner of Customs, any method ‘‘Italie’’ for ‘‘Italy,’’ are acceptable. of marking at any location insuring that country of origin will conspicu- (c) Adjectival form. The adjectival ously appear on the article shall be ac- form of the name of a country shall be ceptable. Such marking must be legible accepted as a proper indication of the and sufficiently permanent so that it name of the country of origin of im- will remain on the article (or its con- ported merchandise provided the adjec- tainer when the container and not the tival form of the name does not appear article is required to be marked) until with other words so as to refer to a it reaches the ultimate purchaser un- kind or species of product. For exam- less deliberately removed. ple, such terms as ‘‘English walnuts’’ (b) Articles marked with paper sticker or ‘‘Brazil nuts’’ are unacceptable. labels. If paper sticker or pressure sen- (d) Colonies, possessions, or protector- sitive labels are used, they must be af- ates. The name of a colony, possession, fixed in a conspicuous place and so se- or protectorate outside the boundaries curely that unless deliberately re- of the mother country shall usually be moved they will remain on the article considered acceptable marking. When while it is in storage or on display and the Commissioner of Customs finds until it is delivered to the ultimate that the name is not sufficiently well purchaser. known to insure that the ultimate pur- (c) Articles marked with tags. When chasers will be fully informed of the tags are used, they must be attached in country of origin, or where the name a conspicuous place and in a manner appearing alone may cause confusion, which assures that unless deliberately deception, or mistake, clarifying words removed they will remain on the arti- shall be required. In such cases, the cle until it reaches the ultimate pur- Commissioner of Customs shall specify chaser. in decisions published in the FEDERAL REGISTER and the Customs Bulletin the [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as additional wording to be used in con- amended by T.D. 94–1, 58 FR 69472, Dec. 30, 1993] junction with the name of the colony, possession, or protectorate. § 134.45 Approved markings of country [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as name. amended by T.D. 94–1, 58 FR 69472, Dec. 30, (a) Language. (1) Except as otherwise 1993] provided in paragraph (a)(2) of this section, the markings required by this § 134.46 Marking when name of coun- part shall include the full English try or locality other than country of name of the country of origin, unless origin appears. another marking to indicate the In any case in which the words English name of the country of origin ‘‘United States,’’ or ‘‘American,’’ the is specifically authorized by the Com- letters ‘‘U.S.A.,’’ any variation of such missioner of Customs. Notice of accept- words or letters, or the name of any able markings other than the full city or location in the United States, English name of the country of origin or the name of any foreign country or

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locality other than the country or lo- cepts a certificate of marking as pro- cality in which the article was manu- vided for in § 134.52 in lieu of marking factured or produced appear on an im- under Customs supervision. ported article or its container, and those words, letters or names may mis- § 134.52 Certificate of marking. lead or deceive the ultimate purchaser (a) Applicability. Port directors may as to the actual country of origin of accept certificates of marking sup- the article, there shall appear legibly ported by samples of articles required and permanently in close proximity to to be marked, for which Customs Form such words, letters or name, and in at 4647 was issued, from importers or from least a comparable size, the name of the country of origin preceded by actual owners complying with the pro- ‘‘Made in,’’ ‘‘Product of,’’ or other vision of § 141.20 of this chapter, to cer- words of similar meaning. tify that marking of the country of origin on imported articles as required by [T.D. 97–72, 62 FR 44214, Aug. 20, 1997] this part has been accomplished. (b) Filing of certificates of marking. § 134.47 Souvenirs and articles marked with trademarks or trade names. The certificates of marking shall be filed in duplicate with the port direc- When as part of a trademark or trade tor, and a sample of the marked mer- name or as part of a souvenir marking, chandise shall accompany the certifi- the name of a location in the United cate. The port director may waive the States or ‘‘United States’’ or ‘‘Amer- ica’’ appear, the article shall be leg- production of the marked sample when ibly, conspicuously, and permanently he is satisfied that the submission of marked to indicate the name of the such sample is impracticable. country of origin of the article pre- (c) Notice of acceptance. The port di- ceded by ‘‘Made in,’’ ‘‘Product of,’’ or rector shall notify the importer or ac- other similar words, in close proximity tual owner when the certificate of or in some other conspicuous location. marking is accepted. Such notice of acceptance may be granted on the dupli- Subpart F—Articles Found Not cate copy of the certificate of marking Legally Marked by use of a stamped notation of acceptance. The port director is authorized to § 134.51 Procedure when importation spot check the marking of articles on found not legally marked. which a certificate has been filed. If a (a) Notice to mark or redeliver. When spot check is performed, the approved articles or containers are found upon copy of the certificate, if approval is examination not to be legally marked, granted, shall be returned to the im- the port director shall notify the importer or actual owner after the spot porter on Customs Form 4647 to ar- check is completed. range with the port director’s office to (d) Filing of false certificate of marking. properly mark the article or con- If a false certificate of marking is filed tainers, or to return all released arti- with the port director indicating that cles to Customs custody for marking, goods have been properly marked when exportation, or destruction. in fact they have not been so marked, (b) Identification of articles. When an a seizure shall be made or claim for imported article which is not legally monetary penalty reported under sec- marked is to be exported, destroyed, or tion 592, Tariff Act of 1930, as amended marked under Customs supervision, the (19 U.S.C. 1592). In addition, in cases in- identity of the imported article shall volving, willful deceit, a criminal case be established to the satisfaction of the report may be made charging a viola- port director. tion of section 1001, title 18, United (c) Supervision. Verification of mark- States Code, which provides for a fine ing, exportation, or destruction of articles found not to be legally marked up to $10,000 and/or imprisonment up to shall be at the expense of the importer 5 years for anyone who willfully con- and shall be performed under Customs ceals a material fact or uses any docu- supervision unless the port director ac- ment knowing the same to contain any

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false or fraudulent statement in con- shipment for marking prior to with- nection with any matter within the ju- drawal. risdiction of an agency of the United [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as States. amended by T.D. 78–99, 43 FR 13061, Mar. 29, (e) Authority to require physical super- 1978; T.D. 84–213, 49 FR 41183, Oct. 19, 1984; vision when deemed necessary. The port T.D. 90–51, 55 FR 28191, July 10, 1990] director may require physical supervision of marking as specified in § 134.54 Articles released from Cus- § 134.51(c) in those cases in which he de- toms custody. termines that such action is necessary (a) Demand for liquidated damages. If to insure compliance with this part. In within 30 days from the date of the no- such cases the expenses of the Customs tice of redelivery, or such additional officer shall be reimbursed to the Gov- period as the port director may allow ernment as provided for in § 134.55. for good cause shown, the importer does not properly mark or redeliver all [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as merchandise previously released to amended by T.D. 73–175, 38 FR 17447, July 2, him, the port director shall demand 1973; T.D. 84–18, 49 FR 1678, Jan. 13, 1984] payment of liquidated damages in- § 134.53 Examination packages. curred under the bond in an amount equal to the entered value of the arti- (a) Site of marking—(1) Customs cus- cles not properly marked or redeliv- tody. Articles (or containers) in exam- ered. ination packages may be marked by (b) Failure to petition for relief. A writ- the importer at the place where they ten petition addressed to the Commis- have been discharged from the import- sioner of Customs for relief from the ing or bonded carrier or in the public payment of liquidated damages may be stores. filed with the Fines, Penalties, and (2) Importer’s premises or elsewhere. If Forfeitures Officer in accord with part it is impracticable to mark the articles 172 of this chapter. (or containers) in examination pack- (c) Relief from full liquidated damages. ages as provided in paragraph (a)(1) of Any relief from the payment of the full this section, the merchandise may be liquidated damages incurred will be turned over to the importer after the contingent upon the deposit of the amount of duty, estimated to be pay- marking duty required by 19 U.S.C. able under 19 U.S.C. 1304(f) has been de- 1304(f), and the satisfaction of the posited to insure compliance with the Fines, Penalties, and Forfeitures Offi- marking requirements and the pay- cer that the importer was not guilty of ment of any additional expense which bad faith in permitting the illegally will be incurred on account of Customs marked articles to be distributed, has supervision. (See § 134.55.) The port di- been diligent in attempting to secure rector may at his discretion accept the compliance with the marking require- bond on Customs Form 301, containing ments, and has attempted by all rea- the basic importation and entry bond sonable means to effect redelivery of conditions set forth in § 113.62 of this the merchandise. chapter as security for the requirements of 19 U.S.C. 1304 (f) and (g). [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 79–159, 44 FR 31969, June 4, (b) Failure to export, destroy, or prop- 1979; T.D. 83–217, 48 FR 48659, Oct. 20, 1983; erly mark merchandise in examination T.D. 90–51, 55 FR 28191, July 10, 1990; T.D. 99– packages. If the articles (or containers) 27, 64 FR 13675, Mar. 22, 1999; T.D. 00–57, 65 FR in examination packages are not ex- 53575, Sept. 5, 2000] ported, destroyed, or properly marked by the importer within a reasonable § 134.55 Compensation of Customs offi- time (not more than 30 days), they cers and employees. shall be sent to general-order stores for (a) Time for which compensation is disposition in accordance with part 127 charged. The time for which compensa- of this chapter, unless covered by a tion is charged shall include all periods warehouse entry. If covered by a ware- devoted to supervision and all periods house entry, they shall be sent to the during which Customs officers or em- warehouse containing the rest of the ployees are away from their regular

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VerDate Mar<15>2010 16:45 Jun 06, 2012 Jkt 226060 PO 00000 Frm 00903 Fmt 8010 Sfmt 8010 Q:\19\19V1.TXT ofr150 PsN: PC150 § 134.55 19 CFR Ch. I (4–1–12 Edition)

posts of duty by reason of such assign- pervision of exportation, destruction, ment and for which compensation to or marking, there shall be included all such officers and employees is provided expenses of transportation, per diem for by law. allowance in lieu of subsistence, and all (b) Applicability—(1) Official hours. other expenses incurred by reason of The compensation of Customs Officers such supervision from the time the or employees assigned to supervise the Customs officer leaves his official sta- exportation, destruction, or marking of tion until he returns thereto. articles so as to exempt them from the (d) Services rendered for more than one application of marking duties shall be importer. If the importations of more computed in accordance with the provi- than one importer are concurrently su- sions of §§ 24.16 or 24.17(a)(3), respec- pervised, the service rendered for each tively, of this chapter when such super- importer shall be regarded as a sepa- vision is performed during a regularly- rate assignment, but the total amount scheduled tour of duty. of the compensation, and any expenses (2) Overtime. When such supervision is properly applicable to more than one performed by a Customs Officer or em- importer, shall be equitably appor- ployee in an overtime status, the com- tioned among the importers concerned. pensation with respect to the overtime shall be computed in accordance with [T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as the provisions of § 24.16 or § 24.17, re- amended by T.D. 94–74, 59 FR 46757, Sept. 12, spectively, of this chapter. 1994] (c) Expenses included. In formulating charges for expenses pertaining to su- PARTS 135–140 [RESERVED]

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