[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: 19CFR134.52]



[Page 729-730]

 

                        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 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



[[Page 730]]



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]