When products are imported into the United States and marked with a country of origin, the primary responsibility for ensuring that the marking is accurate rests with the importer of record. The importer must ensure that every article of foreign origin is properly and accurately marked in a legible, indelible, and permanent manner to indicate to the ultimate purchaser in the U.S. the English name of the country of origin, as required by Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) and its implementing regulations (19 CFR Part 134)
U.S. Customs and Border Protection (CBP) is the federal agency tasked with enforcing these requirements at the border. However, it is the importer’s legal obligation to exercise “reasonable care” to determine and apply the correct country of origin marking before the goods enter U.S. commerce16. If the marking is found to be inaccurate or misleading, the importer can face significant penalties, including fines and denial of entry for the goods.
Jeff Newman JD MBA, represents whistleblowers in tariff fraud cases concerning imported Chinese goods as well as Medicare and Medicaid fraud cases under the False Claims Act (Qui Tam), and SEC, IRS and FINCEN whistleblower programs. He can be reached at Jeff@JeffNewmanLaw.com or at 617-823-3217
