by reason of its character, or the circumstances of its importation, the ultimate purchaser would reasonably know its country of origin even though it is not marked.is to undergo production in the territory of the importing country by the importer, or on its behalf, in a manner that would result in the good becoming a good of the importing country under the marking rules.is imported for use by the importer and is not intended for sale in the form in which it was imported.ExemptionsĬanada, Mexico and the United States shall exempt from country of origin marking requirements a good of another NAFTA country that: A NAFTA country may, however, require that the container be marked with the country of origin of its contents, unless the contents are marked with their country of origin and the container can be readily opened for inspection of the contents, or the marking of the contents is clearly visible through the container. The empty glass bottles need not be individually marked "Mexico" but the United States may require that the outer cardboard box in which the bottles are imported be marked "Mexico."Ī usual container imported filled, whether or not disposable is not required to be marked with its own country of origin. (A usual container is one in which the good will ordinarily reach its ultimate purchaser.) However, the master container in which the usual containers are imported may be required to be marked with the country of origin of its contents.Ī wine producer in California imports empty glass bottles made in Mexico to bottle its wine. ContainersĪ usual container imported empty, whether or not disposable, need not be marked with its country of origin. The marking must be conspicuous, legible and sufficiently permanent to survive normal distribution and store handling. Generally, goods of Canada, Mexico and the United States may be marked using any reasonable method, including stickers, labels, tags, or paint. Such marking requirements must comply with the NAFTA's general provisions on methods of marking, exemptions, etc. Unless specifically exempted, Canada, Mexico and the United States may require that goods imported from another NAFTA country be marked in a conspicuous place legibly, indelibly, and sufficiently permanently to indicate to the ultimate purchaser the country of origin of the article. Goods may be marked with the country of origin in English, Spanish or French, except that Canada, Mexico and the United States may, as part of their general consumer information measures, require that an imported good be marked with its country of origin in the same manner as prescribed for domestic goods. Originating goods and goods which undergo the specific tariff classification changes prescribed by the Marking Rules are considered goods of Canada, Mexico or the United States (as appropriate) and are subject to the Agreement's provisions on marking.
The Marking Rules are all based on a tariff change and are largely the same in all three countries. The Marking Rules are distinct from the rules of origin that are used to determine whether a good is originating under Article 401 of the Agreement. The Marking Rules established by the United States are set forth in 19 CFR Part 102 which are used to determine the country of origin.
Paragraph 1 of Annex 311 of the NAFTA provides that the NAFTA parties shall establish "Marking Rules" to determine when a good is a good of a NAFTA country. shall be marked with its country of origin. 1304) requires that, unless excepted, every article of foreign origin (or its container) imported into the U.S. In the United States, the marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. The NAFTA provides that Canada, Mexico and the United States write specific rules defining "country of origin".
Increasingly, however, goods are processed in multiple countries using both domestic and foreign materials, thereby complicating the determination of the country of origin. For goods made in one country with no foreign inputs, determination of the country of origin is easy-it is the country of production.
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