[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR134.43]



[Page 727-728]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 134_COUNTRY OF ORIGIN MARKING--Table of Contents

 

       Subpart E_Method and Location of Marking Imported Articles

 

Sec.  134.43  Methods of marking specific articles.



    (a) Marking previously required by certain provisions of the Tariff 

Act of 1930. Except for goods of a NAFTA country, articles of a class or 

kind listed below shall be marked legibly and conspicuously by die 

stamping, cast-in-the-mold lettering, etching (acid or electrolytic), 

engraving, or by means of metal plates which bear the prescribed marking 

and which are securely attached to the article in a conspicuous place by 

welding, screws, or rivets: knives, forks, steels, cleavers, clippers, 

shears, scissors, safety razors, blades for safety razors, surgical 

instruments, dental instruments, scientific and laboratory instruments, 

pliers, pincers, nippers and hinged hand tools for holding and splicing 

wire, vacuum containers, and parts of the above articles. Goods of a 

NAFTA country shall be marked by any reasonable method which is legible, 

conspicuous and permanent as otherwise provided in this part.

    (b) Watch, clock, and timing apparatus. The country of origin 

marking requirements on watches, clocks, and timing apparatus are 

intensive and require special methods. (See Sec.  11.9 of this chapter 

and Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of 

the United States (19 U.S.C. 1202)).

    (c) Native American-style jewelry--(1) Definition. For the purpose 

of this provision, Native American-style jewelry is jewelry which 

incorporates traditional Native American design motifs, materials and/or 

construction and therefore looks like, and could possibly be mistaken 

for, jewelry made by Native Americans.

    (2) Method of marking. Except as provided in 19 U.S.C. 1304(a)(3) 

and in paragraph (c)(3) of this section, Native American-style jewelry 

must be indelibly marked with the country of origin by cutting, die-

sinking, engraving, stamping, or some other permanent method. The 

indelible marking must appear legibly on the clasp or in some other 

conspicuous location, or alternatively, on a metal or plastic tag 

indelibly marked with the country of origin and permanently attached to 

the article.

    (3) Exception. If it is technically or commercially infeasible to 

mark in the manner specified in paragraph (c)(2) of this section, or in 

the case of a good of a NAFTA country, the article may be marked by 

means of a string tag or adhesive label securely affixed, or some other 

similar method.

    (d) Native American-style arts and crafts--(1) Definition. For the 

purpose of this provision, Native American-style arts and crafts are 

arts and crafts, such as pottery, rugs, kachina dolls, baskets and 

beadwork, which incorporate traditional Native American design motifs, 

materials and/or construction and therefore look like, and could 

possibly be mistaken for, arts and crafts made by Native Americans.

    (2) Method of Marking. Except as provided for in 19 U.S.C. 

1304(a)(3) and



[[Page 728]]



Sec.  134.32 of this part, Native American-style arts and crafts must be 

indelibly marked with the country of origin by means of cutting, die-

sinking, engraving, stamping, or some other equally permanent method. On 

textile articles, such as rugs, a sewn in label is considered to be an 

equally permanent method.

    (3) Exception. Where it is technically or commercially infeasible to 

mark in the manner specified in paragraph (d)(2) of this section, or in 

the case of a good of a NAFTA country, the article may be marked by 

means of a string tag or adhesive label securely affixed, or some other 

similar method.

    (e) Assembled articles. Where an article is produced as a result of 

an assembly operation and the country of origin of such article is 

determined under this chapter to be the country in which the article was 

finally assembled, such article may be marked, as appropriate, in a 

manner such as the following:

    (1) Assembled in (country of final assembly);

    (2) Assembled in (country of final assembly) from components of 

(name of country or countries of origin of all components); or

    (3) Made in, or product of, (country of final assembly).



[T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 89-1, 53 

FR 51255, Dec. 21, 1988; T.D. 89-88, 54 FR 39524, Sept. 27, 1989; T.D. 

90-75, 55 FR 38317, Sept. 18, 1990; T.D. 90-78, 55 FR 40166, Oct. 2, 

1990; T.D. 94-1, 58 FR 69472, Dec. 30, 1993; T.D. 94-4, 59 FR 140, Jan. 

3, 1994; T.D. 96-48, 61 FR 28980, June 6, 1996]