The
origin of an article will affect its admissibility, the rate of
duty, its entitlement to special duty or trade preference programs
(such as: GSP, NAFTA & CBI), antidumping, and government procurement.
Unless
an exception applies, all goods of foreign origin, and their containers,
must be marked clearly and conspicuously in English with the country
of origin of the article.
The
failure to properly mark an article or its container with its country
of origin can result in the delay of the release of the goods, or
cause Customs to demand that the articles be returned to Customs
custody. The failure
to timely return goods (or more), to Customs custody can result
in the assessment of liquidated damages equal to the value of the
goods and special marking penalties equal to 10% of the value of
the merchandise may apply.
Determining
the correct country of origin of imported articles is critical under
section 484 of the Tariff Act, as amended (19
U.S.C. §1484 ), the importer is responsible for using reasonable
care when entering merchandise and providing information necessary
to enable Customs to determine whether all applicable legal requirements
have been met. The
failure of an importer to exercise reasonable care in identifying
the origin of merchandise result in the imposition of penalties,
loss of special duty or trade preferences, and in some cases, result
in the exclusion or seizure of merchandise.
Our
attorneys and support staff are thoroughly versed with all aspects
of Customs Country of Origin rules, whether it's for Marking, GSP
or NAFTA eligibility, or for the admissibility of textile and apparel
articles.
We
can assist your company in determining the correct origin of merchandise
under any Customs program, prepare binding ruling requests, respond
to a notice of marking, or challenge a country of origin determination
by Customs.
Additional
information on Country of Origin can be found by clicking on any
of the following topics:
Further Reading:
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