[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

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

[CITE: 19CFR181.112]



[Page 396]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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 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.