Every imported article must be marked with its country of origin in a way that is legible, indelible, and conspicuous enough for the ultimate purchaser to see. Marking failures can lead to marking duties of ten percent, forced relabeling under supervision, or redelivery of the goods, so the label decision belongs in product design, not at the port.
Why marking exists
Origin marking is a consumer information rule with customs enforcement behind it. Buyers are entitled to know where an article was made, and the marking must survive the journey to the ultimate purchaser, who is usually the retail customer, not the importer or distributor in between.
For more on this, see this related guide and our earlier explainer on the same theme.
That last point shapes everything. Marking that is clear on the shipping carton but absent from the retail package fails, because the person the rule protects never sees the carton. Design marking for the final buyer first, then work backwards through each layer of packaging.
Legible, indelible, conspicuous
The three standards are practical tests. Legible means readable type in a reasonable size. Indelible means the marking resists normal handling, washing, or wear appropriate to the product. Conspicuous means findable without hunting. Stamps, molded marks, woven labels, and durable printed tags all qualify when done properly.
Common failures are mundane: ink that smears on fabric, origin printed only in a foreign language abbreviation, or a mark placed where a price sticker will cover it. Photograph marked samples from production, not prototypes, and keep the photos with the entry records so disputes have evidence.
Exceptions and special cases
Some articles are excepted because marking is impossible, impractical, or would damage the goods, and certain goods are marked by their containers instead. Crude substances, items produced in the importing country, and goods on the long standing exceptions list follow their own logic, which should be confirmed product by product.
Readers also found this companion piece from our archive useful.
Repacked goods create a special trap. If imported articles are repacked before sale, the repacker must certify the process and the new packaging must carry the origin marking. Losing origin information during repacking is one of the most common and most preventable marking violations.
Fixing marking problems before they ship
The cheapest marking fix is a pre production checklist: confirm the origin determination, approve artwork showing the mark, and require a production photo before the container loads. Adding marking after arrival means supervised relabeling, delays, and the ten percent marking duty on top.
When goods do arrive wrongly marked, act fast and voluntarily. Customs has procedures for marking under supervision or exporting the goods, and cooperative importers fare far better than those who quietly distribute the goods and hope nobody notices. Distribution after a marking notice is where penalties escalate.
Frequently asked questions
Does the packaging count, or must the product itself be marked?
The article itself must be marked unless an exception applies, such as when the article is incapable of being marked or the container will reach the buyer unopened and is marked itself. When in doubt, mark the article and the outer packaging; redundancy is cheap compared with a marking hold.
What does conspicuous mean in practice?
It means a buyer handling the product in normal use can find and read the marking without special effort. Tiny print hidden under a fold or behind another label fails the test even if the words are technically present. Size, contrast, and placement all matter.
What is the penalty for unmarked goods?
Unmarked or falsely marked goods face a marking duty of ten percent of their value, and customs can demand redelivery so goods can be marked under supervision, exported, or destroyed. Repeated failures also invite closer inspection of every future shipment.
How is origin decided when a product is made in several countries?
Origin generally follows substantial transformation: the country where the article last emerged as a new and different product with a new name, character, or use. Assembly of parts from many countries can still produce one origin, but simple packaging or minor processing usually does not shift it.