[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR134.52]

[Page 669]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 134--COUNTRY OF ORIGIN MARKING--Table of Contents
 
              Subpart F--Articles Found Not Legally Marked
 
Sec. 134.52  Certificate of marking.

    (a) Applicability. Port directors may accept certificates of marking 
supported by samples of articles required to be marked, for which 
Customs Form 4647 was issued, from importers or from actual owners 
complying with the provision of Sec. 141.20 of this chapter, to certify 
that marking of the country of origin on imported articles as required 
by this part has been accomplished.
    (b) Filing of certificates of marking. The certificates of marking 
shall be filed in duplicate with the port director, and a sample of the 
marked merchandise shall accompany the certificate. The port director 
may waive the production of the marked sample when he is satisfied that 
the submission of such sample is impracticable.
    (c) Notice of acceptance. The port director shall notify the 
importer or actual owner when the certificate of marking is accepted. 
Such notice of acceptance may be granted on the duplicate copy of the 
certificate of marking by use of a stamped notation of acceptance. The 
port director is authorized to spot check the marking of articles on 
which a certificate has been filed. If a spot check is performed, the 
approved copy of the certificate, if approval is granted, shall be 
returned to the importer or actual owner after the spot check is 
completed.
    (d) Filing of false certificate of marking. If a false certificate 
of marking is filed with the port director indicating that goods have 
been properly marked when in fact they have not been so marked, a 
seizure shall be made or claim for monetary penalty reported under 
section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592). In 
addition, in cases involving, willful deceit, a criminal case report may 
be made charging a violation of section 1001, title 18, United States 
Code, which provides for a fine up to $10,000 and/or imprisonment up to 
5 years for anyone who willfully conceals a material fact or uses any 
document knowing the same to contain any false or fraudulent statement 
in connection with any matter within the jurisdiction of an agency of 
the United States.
    (e) Authority to require physical supervision when deemed necessary. 
The port director may require physical supervision of marking as 
specified in Sec. 134.51(c) in those cases in which he determines that 
such action is necessary to insure compliance with this part. In such 
cases the expenses of the Customs officer shall be reimbursed to the 
Government as provided for in Sec. 134.55.

[T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 73-175, 38 
FR 17447, July 2, 1973; T.D. 84-18, 49 FR 1678, Jan. 13, 1984]