Imported articles must be marked legibly, conspicuously and as permanently as the article allows with the English name of their country of origin. If CBP finds goods not properly marked, it issues a Notice to Mark (CBP Form 4647), and the importer must get them marked, exported or destroyed as CBP accepts. A warehouse supplies the labor and space.
A country-of-origin marking error is a customs problem with a very physical fix. The law, 19 U.S.C. 1304, requires imported articles to carry their origin marking, and CBP enforces it through holds, redelivery demands and an extra duty.[1] The decisions about how to cure a marking problem belong to CBP and the importer, usually acting through its licensed customs broker. The work itself, opening cartons, applying marks, counting and photographing, needs a dock, floor space and a crew. This guide explains both halves and where the line between them sits.
In this guide
- What the law requires
- Common marking errors
- How marking problems are found
- The Notice to Mark (CBP Form 4647)
- Who does what: CBP, importer, broker, warehouse
- How the physical correction works
- Costs and penalties of getting it wrong
- Example scenario
- Getting marking work done near Port Newark
- Frequently asked questions
- Sources
What the Law Requires
Section 304 of the Tariff Act, codified at 19 U.S.C. 1304, requires every article of foreign origin, or its container where the rules allow, to be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article or container will permit, in a way that shows the English name of the country of origin to the ultimate purchaser in the United States.[1] CBP states the purpose plainly: to tell the ultimate purchaser in the United States the country in which the imported article was made.[2]
CBP defines the ultimate purchaser as the last person in the United States who will receive the article in the form in which it was imported.[2] Who that is determines where the marking has to be and whether it has to be on the article itself or can be on a container.
The regulations in 19 CFR Part 134 fill in the detail. Marking worked into the article at manufacture is described as the best way to meet the requirements, and the marking must be permanent enough that, in any reasonably foreseeable circumstance, it stays on the article or container until it reaches the ultimate purchaser unless deliberately removed. It must survive normal distribution and store handling, and the purchaser must be able to find it easily and read it without strain.[3]
CBP lists branding, stenciling, stamping, printing, molding, die-stamping and securely attached tags among acceptable methods. Its view of adhesive labels is more cautious: labels may be used in some instances but are not a recommended form, because they often come loose due to weather, unsatisfactory adhesive or other conditions.[2]
Common Marking Errors
| Error | Why it is a problem |
|---|---|
| No origin marking at all | Fails the basic requirement of 19 U.S.C. 1304[1] |
| Wrong country named | Does not tell the ultimate purchaser where the article was actually made[2] |
| Marking hidden, tiny or hard to find | The purchaser must be able to find it easily and read it without strain[3] |
| Loose or peel-off label | Must remain until it reaches the ultimate purchaser unless deliberately removed[3] |
| A U.S. place name or another country's name appears on the article, with no clear origin statement nearby | Origin must appear in close proximity, preceded by words such as "Made in" or "Product of," in letters of at least comparable size[4] |
| Marked article repacked so the mark is hidden | Repacking must not obscure the marking, or the new container must be marked[5] |
Whether an outer container can carry the marking instead of the article depends on the exceptions in Part 134 and the specific goods. That is a classification-style judgment for the importer and its broker, not something to decide on the warehouse floor.
How Marking Problems Are Found
Most marking problems surface in one of two ways.
- Before release. Under 19 CFR 134.3(a), any imported article or container held in CBP custody for inspection, examination or appraisement will not be delivered until it is marked with its country of origin, or until estimated marking duties, or adequate security for them, are deposited.[6] A marking problem found during a CBP exam therefore stops the freight where it is.
- After release. An authorized CBP official may demand redelivery to CBP custody of articles previously released that are found not legally marked. That demand must be made not later than 30 days after the date of entry for merchandise examined at places such as docks, wharves or piers, or 30 days after the date of examination for merchandise examined at the importer's premises or another place the port director designates.[6]
The second case catches people off guard. Freight may already be in a warehouse, partly picked or even staged for a customer when the demand arrives, and it has to be pulled back and kept identifiable.
The Notice to Mark (CBP Form 4647)
When articles or containers are found not legally marked, 19 CFR 134.51 says the Center director notifies the importer on Customs Form 4647, or its electronic equivalent, to arrange for proper marking, or, for articles already released, to return them to CBP custody for marking, exportation or destruction.[7] The same section adds three conditions that shape every correction job:
- Identity. Articles to be exported, destroyed or marked under supervision must have their identity established to the Center director's satisfaction.[7]
- Cost. The importer bears the expense of verifying marking, exportation or destruction.[7]
- Supervision. Marking, exportation or destruction takes place under CBP supervision unless the Center director accepts a certificate of marking instead.[7]
The certificate route is set out in 19 CFR 134.52. CBP may accept a certificate of marking on Customs Form 4647 from the importer or actual owner, filed with a sample of the marked merchandise unless the sample requirement is waived. CBP may spot-check the marked goods, may still require marking under physical supervision when it considers that necessary, and treats a false certificate seriously: it can lead to seizure or monetary penalties under section 592 of the Tariff Act, and willful deceit can be prosecuted under 18 U.S.C. 1001.[8]
Read the notice before anyone opens a carton
The remedy CBP will accept, whether supervised marking or a certificate, the deadline, and how identity must be kept all come from CBP through the importer and its broker. Starting physical work before those are confirmed risks doing it twice.
Who Does What: CBP, Importer, Broker, Warehouse
| Party | Role |
|---|---|
| CBP | Finds the problem, issues the notice, decides whether supervised marking or a certificate is acceptable, and verifies |
| Importer of record | Legally responsible; chooses to mark, export or destroy; bears the cost; signs any certificate |
| Licensed customs broker | Typically the importer's point of contact with CBP; relays CBP instructions and files paperwork on the importer's behalf |
| Warehouse | Provides the dock, space and labor; keeps goods segregated and identifiable; performs the marking as instructed; documents the work |
A warehouse like ours is not a customs broker and does not deal with CBP on an importer's behalf. Our part begins once the importer and broker have confirmed with CBP what marking is acceptable, where it may be done and whether a CBP officer needs to be present.
How the Physical Correction Works
- Receive and segregate. Keep the affected goods separate from everything else, tied to the entry and the notice, so identity can be established as 19 CFR 134.51 requires.[7]
- Count and photograph as found. Cartons, units, lot or carton marks, and the existing marking or lack of it.
- Confirm the marking method. Use the exact wording, method and placement the importer has confirmed CBP will accept, with the permanence and legibility standards of 19 CFR 134.41 in mind.[3]
- Mark each article or container. Open, mark and reseal as instructed; where CBP supervision is required, work happens when and how CBP sets it.
- Keep samples. If a certificate of marking is being filed, set aside the sample the regulation calls for.[8]
- Photograph and reconcile. Before-and-after photos, final counts that match the entry, and a record the broker can use.
- Hold until cleared. Release only when the importer or broker confirms CBP is satisfied.
If the goods are being repacked at the same time, for instance broken down into retail units, 19 CFR 134.26 requires the importer to certify that repacking will not obscure the origin marking, or that the new container will be properly marked.[5] The same caution applies to retail compliance relabeling: a shipping label must never end up covering an origin mark.
Costs and Penalties of Getting It Wrong
- Marking duty. Articles not properly marked at importation face an additional duty of 10 percent ad valorem, unless they are exported, destroyed or marked under customs supervision before liquidation of the entry.[1]
- Liquidated damages. If released goods are not properly marked or returned within 30 days of the redelivery notice, or any longer period the Center director allows, CBP can demand liquidated damages equal to the entered value of the goods not marked or returned. Relief may be petitioned, but full relief requires paying the marking duty and showing good faith and reasonable efforts to recover the goods.[9]
- Criminal exposure. Removing, destroying, altering, covering or obliterating a required origin marking with intent to conceal it can bring a fine of up to $100,000, up to one year in prison, or both for a first violation, and up to $250,000 for later violations.[1]
- False certificates. A false certificate of marking can lead to seizure, monetary penalties or prosecution.[8]
Example Scenario
This is a hypothetical. Say an importer's shipment of kitchen tools passes through a CBP exam at the port, and the officer finds the individual items carry no origin marking; only the master cartons are printed. CBP issues a Notice to Mark. The importer's customs broker confirms with CBP what marking is acceptable and whether supervision is required, and the importer decides to mark rather than export.
The freight comes to a warehouse, is kept on its own in a segregated area tied to the entry, and is counted and photographed. The crew marks each item with the method and wording the broker has confirmed, sets aside samples for the certificate, reseals the cartons without covering any carton marking, photographs the finished goods and reconciles the counts to the entry. The goods stay on hold until the broker confirms CBP has accepted the marking.
Getting Marking Work Done Near Port Newark
RapidShips runs a 24/7 warehouse and cross-dock facility at 25A Cotters Lane, East Brunswick, NJ, serving the Port Newark and Elizabeth side of the Port of New York and New Jersey. For marking corrections we provide what the physical fix needs: a dock, segregated floor space, a crew to open, mark, reseal and re-palletize, and photo documentation. That work runs through our freight rework service, and goods can wait in short-term storage while the broker and CBP settle the next step. When the problem shows up as a container the terminal will not release or accept, our port-rejected load recovery page explains how that side works.
We are not a customs broker and cannot tell you what CBP will accept. Once your broker has the instructions, send them to us or call 800-376-2808 and we will plan the labor and space around them.
Frequently Asked Questions
What is a CBP Notice to Mark?
Can a warehouse correct country-of-origin marking on its own?
What happens if mis-marked goods are not corrected?
Is a sticker label acceptable country-of-origin marking?
Can I cover a wrong country-of-origin mark with a new label?
Sources
- Legal Information Institute, Cornell Law School, "19 U.S. Code § 1304 – Marking of imported articles and containers," accessed September 2026.
- U.S. Customs and Border Protection, "Marking of Country of Origin on U.S. Imports," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.41 – Methods and manner of marking," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.46 – Marking when name of country or place other than country of origin appears," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.26 – Imported articles repacked or manipulated," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.3 – Delivery withheld until marked," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.51 – Procedure when articles or containers not properly marked," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.52 – Certificate of marking," accessed September 2026.
- Legal Information Institute, Cornell Law School, "19 CFR § 134.54 – Articles released from CBP custody," accessed September 2026.
This guide is general operational information, not legal or customs advice. RapidShips is not a customs broker. Marking requirements, exceptions and CBP procedures depend on the article and the entry; confirm what applies with your licensed customs broker or CBP before acting.