Tuesday, January 24, 2012

Marking Continued

As discussed in the last marking post the requirements for marking must be:

1. in a conspicuous place
2. legible
3. permanent
4. English name as to the country of origin

Let us explain these even further shall we.

Legible and Conspicuous
The person who ends up with the product the "Ultimate Purchaser," must be able to find the marking easily without straining him or her self. Some uses I have seen include, tags and stickers depending on the type of good.

What size font should I use? Depends on the type of product. For example, CBP found that lettering which was 1.7mm was the smallest font acceptable as a country of origin marking on a pen barrel according to HQ ruling 733940.

Ultimate Purchaser
Who is the ultimate purchaser?...that depends:
Article imported for retail - the end consumer will be the ultimate purchaser
Article imported as gift - the recipient will be the ultimate purchaser
Article imported for manufacturing - the manufacturer will be the ultimate purchaser if the article is going to be substantially transformed.

The marking should be as permanent as the article permits it to be. It should should be sufficiently permanent so as to handle shipping and distribution until it finally reaches the ultimate purchaser.

English Name
Only the English name of the country of origin may be used unless Customs approves otherwise. Common forms for marking include "Made in..." "Product of..."

Tuesday, January 17, 2012


Generally, every imported or exported good is subject to marking regulations from at least one of the federal agencies. Marking requirements are enforced by physical inspection of the goods and also after release of the goods via a notice of redelivery and marking (CF4647). If Customs finds that marking is incorrect, they will delay the release of the goods until the marking is corrected.

Incorrect markings can result in delays and high expenses for remarking goods or may result in a liquidated damages claim against the importer for failing to redeliver the goods (example: when the goods were sold and shipped to buyers). Further, marking which is fraudulent may result in seizure and/or penalties.

Marking laws are not only U.S. Customs based. Customs enforces marking requirements for other agencies as well. For example the Federal Trade Commission requires clothing to have certain labels and information relating to fiber content, dry cleaning information, etc.

U.S. Customs marking requirements are as follows, the marking must be:

in a conspicuous place
have English name of the country of origin.

Thursday, January 5, 2012

U.S. Customs Seized Your Money at the Airport - Learn More

Recently, more than a few clients had called me regarding the seizure of money by Customs at the airport and I figured I would share the information with my readers.

Can U.S. Customs seize your money at the airport?

Yes, if one failed to properly report all cash and cash equivalents transported into or out of the country. See Currency and Foreign Transaction Reporting Act (31 U.S.C. 5311, et seq.)

When do I have to declare my money to Customs?

Most people are uninformed of the reporting requirement however, "If you transport, attempt to transport, or cause to be transported (including by mail or other means) currrency or other monetary instruments in an aggregate amount exceeding $10,000 or its foreign equivalent) at one time from the United States to any foreign country, or into the United States from any foreign country, you must file a report with U.S. Customs and Border Protection." Currency Reporting

In other words: More than $10,000 you must declare whether entering or leaving the U.S.

What is the required form one has to fill out prior to transporting more than $10,000?

FINCEN Form 105

Does it cost anything to declare one's money over $10,000 to Customs?


What happens if you do not declare your money over $10,000?

If Customs catches you, the money will most likely be taken from you. Thereafter, one will receive a seizure notice to which it is highly recommended to seek advice from an attorney experienced in these matters.

What is the reason for the government seizing the money under these circumstances?

In a nut shell the government believes that you are trying to evade paying taxes by transporting the currency without reporting it.

Happy Importing :)