Marking of articles
Marking of containers
Whenever an article is excepted under subdivision (3) of subsection (a) of this section from the requirements of marking, the immediate container, if any, of such article, or such other container or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this section, including the same exceptions as are applicable to articles under subdivision (3) of subsection (a). If articles are excepted from marking requirements under clause (F), (G), or (H) of subdivision (3) of subsection (a) of this section, their usual containers shall not be subject to the marking requirements of this section. Usual containers in use as such at the time of importation shall in no case be required to be marked to show the country of their own origin.
Marking of certain pipe and fittings
Marking of compressed gas cylinders
No exception may be made under subsection (a)(3) with respect to compressed gas cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of title 49, Code of Federal Regulations, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etching, raised lettering, or an equally permanent method of marking.
Marking of certain castings
No exception may be made under subsection (a)(3) with respect to inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes, manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or an equally permanent method of marking in a location such that it will remain visible after installation.
Marking of certain coffee and tea products
The marking requirements of subsections (a) and (b) shall not apply to articles described in subheadings 0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of the Harmonized Tariff Schedule of the United States, as in effect on .
Marking of spices
The marking requirements of subsections (a) and (b) shall not apply to articles provided for under subheadings 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10, and items classifiable in categories 0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050, 1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000, 3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized Tariff Schedule of the United States, as in effect on .
Marking of certain silk products
Additional duties for failure to mark
If at the time of importation any article (or its container, as provided in subsection (b) hereof) is not marked in accordance with the requirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection (b) hereof) marked after importation in accordance with the requirements of this section (such exportation, destruction, or marking to be accomplished under customs supervision prior to the liquidation of the entry covering the article, and to be allowed whether or not the article has remained in continuous customs custody), there shall be levied, collected, and paid upon such article a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation, shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensation and expenses of customs officers and employees assigned to supervise the exportation, destruction, or marking to exempt articles from the application of the duty provided for in this subsection shall be reimbursed to the Government by the importer.
Delivery withheld until marked
No imported article held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their containers), whether or not released from customs custody, shall have been marked in accordance with the requirements of this section or until the amount of duty estimated to be payable under subsection (i) of this section has been deposited. Nothing in this section shall be construed as excepting any article (or its container) from the particular requirements of marking provided for in any other provision of law.
Treatment of goods of a USMCA country
Penalties
June 17, 1930, ch. 49746 Stat. 687June 25, 1938, ch. 679, § 352 Stat. 1077Aug. 8, 1953, ch. 397, § 4(c)67 Stat. 509Pub. L. 98–573, title II, § 20798 Stat. 2976Pub. L. 99–514, title XVIII, § 1888(1)100 Stat. 2924Pub. L. 100–418, title I, § 1907(a)(1)102 Stat. 1314Pub. L. 103–182, title II, § 207(a)107 Stat. 2096Pub. L. 104–295, § 14(a)110 Stat. 3521Pub. L. 106–36, title II, § 2423(a)113 Stat. 180Pub. L. 114–125, title IX, § 917(a)130 Stat. 279Pub. L. 116–113, title II, § 209(a)134 Stat. 52(, title III, § 304, ; , ; , ; , , ; , , ; , , ; , , ; , (b), , , 3522; , (b), , ; , , ; , , .)
Editorial Notes
References in Text
section 1202 of this titleThe Harmonized Tariff Schedule of the United States, referred to in subsecs. (f) to (h) and (k)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under .
Prior Provisions
section 133 of this titleact Oct. 3, 1913, ch. 1638 Stat. 194act Sept. 21, 1922, ch. 356, title III, § 304(a)42 Stat. 947Provisions dealing with the subject matter of this section and former were contained in , § IV, F, subsecs. 1 and 2, , superseding similar provisions of previous tariff acts. Those subsections were superseded by , , and repealed by § 321 of that act. Section 304(a) of the act of 1922 was superseded by section 304 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Amendments
Pub. L. 116–1132020—Subsec. (k). added subsec. (k) and struck out former subsec. (k) which related to treatment of goods of a NAFTA country.
Pub. L. 114–125, § 917(a)(3)2016—Subsec. (e). , inserted before period at end “in a location such that it will remain visible after installation”.
Pub. L. 114–125, § 917(a)(2), which directed insertion of “inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “manhole rings,”, was executed by making the insertion before “manhole rings or frames,” to reflect the probable intent of Congress.
Pub. L. 114–125, § 917(a)(1), substituted “castings” for “manhole rings or frames, covers, and assemblies thereof” in heading.
Pub. L. 106–36, § 2423(a)1999—Subsecs. (h), (i). , added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 106–36, § 2423(a)(1)Subsec. (j). , (b), redesignated subsec. (i) as (j) and substituted “subsection (i)” for “subsection (h)”. Former subsec. (j) redesignated (k).
lPub. L. 106–36, § 2423(a)(1)lSubsecs. (k), (). , redesignated subsecs. (j) and (k) as (k) and (), respectively.
Pub. L. 104–295, § 14(a)1996—Subsecs. (f) to (h). , added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively.
Pub. L. 104–295, § 14(a)(1)Subsec. (i). , (b), redesignated subsec. (g) as (i) and substituted “subsection (h) of this section” for “subsection (f) of this section”.
Pub. L. 104–295, § 14(a)(1)Subsecs. (j), (k). , redesignated subsecs. (h) and (i) as (j) and (k), respectively.
Pub. L. 103–182, § 207(a)(1)1993—Subsec. (c)(1). , substituted “engraving, or continuous paint stenciling” for “or engraving”.
Pub. L. 103–182, § 207(a)(2)Subsec. (c)(2). , substituted “five methods” for “four methods” and struck out “such as paint stenciling” after “method of marking”.
Pub. L. 103–182, § 207(a)(3)Subsec. (e). , substituted “engraving, or an equally permanent method of marking” for “or engraving”.
Pub. L. 103–182, § 207(a)(4)Subsecs. (h), (i). , (5), added subsec. (h) and redesignated former subsec. (h) as (i).
Pub. L. 100–4181988—Subsec. (h). amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.”
Pub. L. 99–5141986—Subsec. (c). substituted “(1) Except as provided in paragraph (2), no” for “No” and added par. (2).
Pub. L. 98–5731984—Subsecs. (c) to (h). added subsecs. (c) to (e), redesignated former subsecs. (c) to (e) as (f) to (h), respectively, and in subsec. (g), as redesignated, substituted “subsection (f) of this section” for “subsection (c) of this section”.
1953—Subsec. (a)(3)(K). Act , added cl. (K).
1938—Act , amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–113, title II, § 209(d)134 Stat. 53
In general .—
Transition from nafta treatment .—
section 209(d) of Pub. L. 116–113section 4502 of this title[For definition of “USMCA” as used in , set out above, see .]
Effective Date of 2016 Amendment
Pub. L. 114–125, title IX, § 917(b)130 Stat. 279
Effective Date of 1999 Amendment
Pub. L. 106–36, title II, § 2423(c)113 Stat. 180
Effective Date of 1996 Amendment
Pub. L. 104–295, § 14(c)110 Stat. 3522
Effective Date of 1993 Amendment
Pub. L. 103–182section 213(b) of Pub. L. 103–182section 3331 of this titleAmendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as an Effective Date note under former .
Effective Date of 1988 Amendment
Pub. L. 100–418, title I, § 1907(a)(2)102 Stat. 1314
Effective Date of 1984 Amendment
Pub. L. 98–573, title II, § 21498 Stat. 2988
Effective Date of 1953 Amendments, Enactments, and Repeals
Act Aug. 8, 1953, ch. 397, § 167 Stat. 507section 1654 of this title, , provided that such act [see Short Title of 1953 Amendment note set out under ] is effective, except as otherwise specifically provided for, on and after the thirtieth day following the date of its enactment [].
section 1308 of this titlesection 1557(b) of this titleThe exception “except as otherwise specifically provided for” apparently refers to the amendments made to the provisions preceding subd. (1) of , and to , for which separate effective dates were provided as explained in notes under such sections.
Effective Date of 1938 Amendment
section 1401 of this titleAmendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .
Savings Provision
Act Aug. 8, 1953, ch. 397, § 2367 Stat. 521
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .
Marking Requirements for Articles Qualifying as Goods of NAFTA Country
Pub. L. 103–182, title II, § 207(b)107 Stat. 2097Pub. L. 116–113, title VI, § 601134 Stat. 78, , , which provided that articles qualifying as goods of a NAFTA country were subject to the requirements of this section, was repealed by , , , effective on the date the USMCA entered into force ().
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of Title 26For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under , Internal Revenue Code.
Executive Documents
Transfer of Functions
64 Stat. 1280Functions of officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, , 1281, set out in the Appendix to Title 5, Government Organization and Employees. Customs officers and employees, referred to in text, were under Department of the Treasury.