[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR181.112]

[Page 395-396]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
        Subpart J--Review and Appeal of Adverse Marking Decisions
 
Sec. 181.112  Definitions.

    For purposes of this subpart, the following words and phrases have 
the meanings indicated:
    (a) Adverse marking decision means a decision made by the port 
director

[[Page 396]]

which an exporter or producer of merchandise believes to be contrary to 
the provisions of Annex 311 of the NAFTA and which may be protested by 
the importer pursuant to Sec. 514, Tariff Act of 1930, as amended (19 
U.S.C. 1514), and part 174 of this chapter. Notification of an adverse 
marking decision is given to an importer in the form of a Customs Form 
4647 (Notice to Mark and/or Notice to Redeliver) and/or by assessing 
marking duties on improperly marked merchandise. Examples of adverse 
marking decisions include determinations by the port director: that an 
imported article is not a good of a NAFTA country, as determined under 
the Marking Rules, and that it therefore cannot be marked ``Canada'' or 
``Mexico''; that a good of a NAFTA country is not marked in a manner 
which is sufficiently permanent; and that a good of a NAFTA country does 
not qualify for an exception from marking specified in Annex 311 of the 
NAFTA. Adverse marking decisions do not include: decisions issued in 
response to requests for advance rulings under subpart I of this part or 
for internal advice under part 177 of this chapter; decisions on 
protests under part 174 of this chapter; and determinations that an 
article does not qualify as an originating good under General Note 12, 
HTSUS, and the appendix to this part.
    (b) An exporter of merchandise is an exporter located in Canada or 
Mexico who must maintain records in that country relating to the 
transaction to which the adverse marking decision relates. The records 
must be sufficient to enable Customs to evaluate the merits of the 
exporter's claim(s) regarding the adverse marking decision.
    (c) A producer of merchandise is a person who grows, mines, 
harvests, fishes, traps, hunts, manufactures, processes or assembles 
such merchandise in Canada or Mexico.