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879 Part 134—Country of Origin Marking

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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 de- stroyed, 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 manip- ulated. (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 meth- ods 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 lo- cality 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. 879 VerDate Mar<15>2010 16:45 Jun 06, 2012 Jkt 226060 PO 00000 Frm 00889 Fmt 8010 Sfmt 8010 Q:\19\19V1.TXT ofr150 PsN: PC150 § 134.0 19 CFR Ch. I (4–1–12 Edition) 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. 880 VerDate Mar<15>2010 16:45 Jun 06, 2012 Jkt 226060 PO 00000 Frm 00890 Fmt 8010 Sfmt 8010 Q:\19\19V1.TXT ofr150 PsN: PC150 U.S. Customs and Border Protection, DHS; Treasury § 134.4 (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.
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