[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR134.52]

[Page 730-731]
 
                        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 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

[[Page 731]]

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]