[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR134.25]

[Page 642-643]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 134--COUNTRY OF ORIGIN MARKING--Table of Contents
 
               Subpart C--Marking of Containers or Holders
 
Sec. 134.25  Containers or holders for repacked J-list articles and articles incapable of being marked.

    (a) Certification requirements. If an article subject to these 
requirements is intended to be repacked in new containers for sale to an 
ultimate purchaser after its release from Customs custody, or if the 
port director having custody of the article, has reason to believe such 
article will be repacked after its release, the importer shall certify 
to the port director that: (1) If the importer does the repacking, the 
new container shall be marked to indicate the country of origin of the 
article in accordance with the requirements of this part; or (2) if the 
article is intended to be sold or transferred to a subsequent purchaser 
or repacker, the importer shall notify such purchaser or transferee, in 
writing, at the time of sale or transfer, that any repacking of the 
article must conform to these requirements. The importer, or his 
authorized agent, shall sign the following statement.

[[Page 643]]

Certificate of Marking--Repacked J-List Articles and Articles Incapable 
                             of Being Marked

(Port of entry)_________________________________________________________
    I, of , certify that if the article(s) covered by this entry (entry 
no.(s) dated ), is (are) repacked in a new container(s), while still in 
my possession, the new containers, unless excepted, shall be marked in a 
conspicuous place as legibly, indelibly, and permanently as the nature 
of the container(s) will permit, in such manner as to indicate the 
country of origin of the article(s) to the ultimate purchaser(s) in 
accordance with the requirements of 19 U.S.C. 1304 and 19 CFR part 134. 
I further certify that if the article(s) is (are) intended to be sold or 
transferred by me to a subsequent purchaser or repacker, I will notify 
such purchaser or transferee, in writing, at the time of sale or 
transfer, of the marking requirements.
Date____________________________________________________________________
Importer________________________________________________________________


The certification statement may appear as a typed or stamped statement 
on an appropriate entry document or commercial invoice, or on a 
preprinted attachment to such entry or invoice; or it may be submitted 
in blanket form to cover all importations of a particular product for a 
given period (e.g., calendar year). If the blanket procedure is used, a 
certification must be filed at each port where the article is entered.
    (b) Facsimile signatures. The certification statement may be signed 
by means of an authorized facsimile signature.
    (c) Time of filing. The certification statement shall be filed with 
the port director at the time of entry summary. If the certification is 
not available at that time, a bond shall be given for its production in 
accordance with Sec. 141.66, Customs Regulations (19 CFR 141.66). In 
case of repeated failure to timely file the certification required under 
this section, the port director may decline to accept a bond for the 
missing document and demand redelivery of the merchandise under 
Sec. 134.51, Customs Regulations (19 CFR 134.51).
    (d) Notice to subsequent purchaser or repacker. If the article is 
sold or transferred to a subsequent purchaser or repacker the following 
notice shall be given to the purchaser or repacker:

               Notice to Subsequent Purchaser or Repacker

    These articles are imported. The requirements of 19 U.S.C. 1304 and 
19 CFR part 134 provide that the articles or their containers must be 
marked in a conspicuous place as legibly, indelibly and permanently as 
the nature of the article or container will permit, in such a manner as 
to indicate to an ultimate purchaser in the United States, the English 
name of the country of origin of the article.

    (e) Duties and penalties. Failure to comply with the certification 
requirements in paragraph (a) may subject the importer to a demand for 
liquidated damages under Sec. 134.54(a) and for the additional duty 
under 19 U.S.C. 1304. Fraud or negligence by any person in furnishing 
the required certification may also result in a penalty under 19 U.S.C. 
1592.

[T.D. 83-155, 48 FR 33863, July 26, 1983]