Title 19 — Customs Duties
Part I · Chapter 4 — Tariff Act of 1930
§ 1304. Marking of imported articles and containers
Statutory text
Marking of articles
Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations—
Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;
Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and
Authorize the exception of any article from the requirements of marking if—
Such article is incapable of being marked;
Such article cannot be marked prior to shipment to the United States without injury;
Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;
The marking of a container of such article will reasonably indicate the origin of such article;
Such article is a crude substance;
Such article is imported for use by the importer and not intended for sale in its imported or any other form;
Such article is to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, destroyed, or permanently concealed;
An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of such article even though it is not marked to indicate its origin;
Such article was produced more than twenty years prior to its importation into the United States;
Such article is of a class or kind with respect to which the Secretary of the Treasury has given notice by publication in the weekly Treasury Decisions within two years after , that articles of such class or kind were imported in substantial quantities during the five-year period immediately preceding , and were not required during such period to be marked to indicate their origin: Provided, That this subdivision shall not apply after , to sawed lumber and timbers, telephone, trolley, electric-light, and telegraph poles of wood, and bundles of shingles; but the President is authorized to suspend the effectiveness of this proviso if he finds such action required to carry out any trade agreement entered into under the authority of sections 1351, 1352, 1353, 1354 of this title, as extended; or
Such article cannot be marked after importation except at any expense which is economically prohibitive, and the failure to mark the article before importation was not due to any purpose of the importer, producer, seller, or shipper to avoid compliance with this section.
Marking of containers
Whenever an article is excepted under subdivision (3) of subsection (a) of this section from the requirements of marking, the immediate container, if any, of such article, or such other container or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this section, including the same exceptions as are applicable to articles under subdivision (3) of subsection (a). If articles are excepted from marking requirements under clause (F), (G), or (H) of subdivision (3) of subsection (a) of this section, their usual containers shall not be subject to the marking requirements of this section. Usual containers in use as such at the time of importation shall in no case be required to be marked to show the country of their own origin.
Marking of certain pipe and fittings
Except as provided in paragraph (2), no exception may be made under subsection (a)(3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.
If, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the five methods specified in paragraph (1), the article may be marked by an equally permanent method of marking or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles.
Marking of compressed gas cylinders
No exception may be made under subsection (a)(3) with respect to compressed gas cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of title 49, Code of Federal Regulations, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etching, raised lettering, or an equally permanent method of marking.
Marking of certain castings
No exception may be made under subsection (a)(3) with respect to inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes, manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or an equally permanent method of marking in a location such that it will remain visible after installation.
Marking of certain coffee and tea products
The marking requirements of subsections (a) and (b) shall not apply to articles described in subheadings 0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of the Harmonized Tariff Schedule of the United States, as in effect on .
Marking of spices
The marking requirements of subsections (a) and (b) shall not apply to articles provided for under subheadings 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10, and items classifiable in categories 0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050, 1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000, 3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized Tariff Schedule of the United States, as in effect on .
Marking of certain silk products
The marking requirements of subsections (a) and (b) shall not apply either to—
articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on ; or
articles provided for in heading 5007 of the Harmonized Tariff Schedule of the United States as in effect on .
Additional duties for failure to mark
If at the time of importation any article (or its container, as provided in subsection (b) hereof) is not marked in accordance with the requirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection (b) hereof) marked after importation in accordance with the requirements of this section (such exportation, destruction, or marking to be accomplished under customs supervision prior to the liquidation of the entry covering the article, and to be allowed whether or not the article has remained in continuous customs custody), there shall be levied, collected, and paid upon such article a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation, shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensation and expenses of customs officers and employees assigned to supervise the exportation, destruction, or marking to exempt articles from the application of the duty provided for in this subsection shall be reimbursed to the Government by the importer.
Delivery withheld until marked
No imported article held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their containers), whether or not released from customs custody, shall have been marked in accordance with the requirements of this section or until the amount of duty estimated to be payable under subsection (i) of this section has been deposited. Nothing in this section shall be construed as excepting any article (or its container) from the particular requirements of marking provided for in any other provision of law.
Treatment of goods of a USMCA country
In applying this section to an article that qualifies as a good of a USMCA country (as defined in section 4502 of this title)—
the exemption under subsection (a)(3)(H) shall be applied by substituting “reasonably know” for “necessarily know”;
the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good—
is an original work of art; or
is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and
subsection (b) does not apply to the usual container of any good described in subsection (a)(3)(E) or (I) or paragraph (2)(A) or (B) of this subsection.
Penalties
Any person who, with intent to conceal the information given thereby or contained therein, defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required under the provisions of this chapter shall—
upon conviction for the first violation of this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and
upon conviction for the second or any subsequent violation of this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1304
June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687
Source evidence
Code source credit
June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687Public Law not identified
Added · 19 U.S.C. § 1304(a)(3)(K)
Subsec. (a)(3)(K). Act Aug. 8, 1953, added cl. (K)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a)(3)(K). Act Aug. 8, 1953, added cl. (K).Trade and Tariff Act of 1984
Pub. L. 98–573 title II § 207 · 98 Stat. 2948
Added · 19 U.S.C. § 1304(c)(h)
Pub. L. 98–573 added subsecs. (c) to (e)
Redesignated · 19 U.S.C. § 1304(c)(h)
Pub. L. 98–573 redesignated former subsecs. (c) to (e) as (f) to (h), respectively, and in subsec. (g), as redesignated
Substituted · 19 U.S.C. § 1304(c)(h)
Pub. L. 98–573 substituted “subsection (f) of this section” for “subsection (c) of this section”
Source evidence
Code amendment note
Subsecs. (c) to (h). Pub. L. 98–573 added subsecs. (c) to (e), redesignated former subsecs. (c) to (e) as (f) to (h), respectively, and in subsec. (g), as redesignated, substituted “subsection (f) of this section” for “subsection (c) of this section”.Enacted provision · exact public law section
SEC. 207. CERTAIN COUNTRY OF ORIGIN MARKING REQUIREMENTS. Section 304 (19 U.S.C. 1304) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (f), (g), and (h), respectively; (2) by inserting immediately after subsection (b) the following new subsections: “(c) Marking of Certain Pipe and Fittings.— No exception may be made under subsection (a)(3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving. “(d) Marking of Compressed Gas Cylinders.— No exception may be made under subsection (a)(3) with respect to compressed gas cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of title 49, Code of Federal Regulations, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etching, raised lettering, or an equally permanent method of marking. “(e) Marking of Certain Manhole Rings or Frames, Covers, and Assemblies Thereof.— No exception may be made under subsection (a)(3) with respect to manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving.”; and (3) by striking out “subsection (c)” in subsection (g) (as so redesignated) and inserting in lieu thereof “subsection (f)”.Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1888(1) · 100 Stat. 2085
Substituted · 19 U.S.C. § 1304(c)
Pub. L. 99–514 substituted “(1) Except as provided in paragraph (2), no” for “No”
Added · 19 U.S.C. § 1304(c)
Pub. L. 99–514 added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–514 substituted “(1) Except as provided in paragraph (2), no” for “No” and added par. (2).Enacted provision · exact public law section
(1) Subsection (c) of section 304 (19 U.S.C. 1304(c)) is amended— (A) by striking out “No” and inserting in lieu thereof the following: “(1) Except as provided in paragraph (2), no”; and (B) by adding at the end thereof the following new paragraph: “(2) If, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the four methods specified in paragraph (1), the article may be marked by an equally permanent method of marking such as paint stenciling or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 title I § 1907(a)(1) · 102 Stat. 1107
Amended · 19 U.S.C. § 1304(h)
Pub. L. 100–418 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 100–418 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.”Enacted provision · exact public law section
(1) Section 304(h) of the Tariff Act of 1930 (19 U.S.C. 1304(h)) is amended to read as follows: “(h) Penalties.— Any person who, with intent to conceal the information given thereby or contained therein, defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required under the provisions of this Act shall— “(1) upon conviction for the first violation of this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and “(2) upon conviction for the second or any subsequent violation of this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both.”.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 207(a)(1) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1304(c)(1)
Pub. L. 103–182, § 207(a)(1), substituted “engraving, or continuous paint stenciling” for “or engraving”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 103–182, § 207(a)(1), substituted “engraving, or continuous paint stenciling” for “or engraving”.Enacted provision · exact public law section
(1) in subsection (c)(1), by striking “or engraving” and inserting “engraving, or continuous paint stenciling”;North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 207(a)(2) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1304(c)(2)
Pub. L. 103–182, § 207(a)(2), substituted “five methods” for “four methods”
Struck · 19 U.S.C. § 1304(c)(2)
Pub. L. 103–182, § 207(a)(2), struck out “such as paint stenciling” after “method of marking”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 103–182, § 207(a)(2), substituted “five methods” for “four methods” and struck out “such as paint stenciling” after “method of marking”.Enacted provision · exact public law section
(2) in subsection (c)(2)— (A) by striking “four” and inserting “five”; and (B) by striking “such as paint stenciling”;North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 207(a)(3) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1304(e)
Pub. L. 103–182, § 207(a)(3), substituted “engraving, or an equally permanent method of marking” for “or engraving”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–182, § 207(a)(3), substituted “engraving, or an equally permanent method of marking” for “or engraving”.Enacted provision · exact public law section
(3) in subsection (e), by striking “or engraving” and inserting “engraving, or an equally permanent method of marking”;North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 207(a)(4) · 107 Stat. 2057
Added · 19 U.S.C. § 1304(h); 19 U.S.C. § 1304(i)
Pub. L. 103–182, § 207(a)(4), (5), added subsec. (h)
Redesignated · 19 U.S.C. § 1304(h); 19 U.S.C. § 1304(i)
Pub. L. 103–182, § 207(a)(4), (5), redesignated former subsec. (h) as (i)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 103–182, § 207(a)(4), (5), added subsec. (h) and redesignated former subsec. (h) as (i).Enacted provision · exact public law section
(4) by redesignating subsection (h) as subsection (i); andMiscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 14(a) · 110 Stat. 3514
Added · 19 U.S.C. § 1304(f)(h)
Pub. L. 104–295, § 14(a), added subsecs. (f) and (g)
Redesignated · 19 U.S.C. § 1304(f)(h)
Pub. L. 104–295, § 14(a), redesignated former subsec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively
Source evidence
Code amendment note
Subsecs. (f) to (h). Pub. L. 104–295, § 14(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively.Enacted provision · exact public law section
(a) In General.— Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended— (1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively, and (2) by inserting after subsection (e) the following new subsections: “(f) Marking of Certain Coffee and Tea Products.— The marking requirements of subsections (a) and (b) shall not apply to articles described in subheadings 0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1995. “(g) Marking of Spices.— The marking requirements of subsections (a) and (b) shall not apply to articles provided for under subheadings 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10, and items classifiable in categories 0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050, 1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000, 3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1995.”.Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 14(a)(1) · 110 Stat. 3514
Redesignated · 19 U.S.C. § 1304(i)
Pub. L. 104–295, § 14(a)(1), (b), redesignated subsec. (g) as (i)
Substituted · 19 U.S.C. § 1304(i)
Pub. L. 104–295, § 14(a)(1), (b), substituted “subsection (h) of this section” for “subsection (f) of this section”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 104–295, § 14(a)(1), (b), redesignated subsec. (g) as (i) and substituted “subsection (h) of this section” for “subsection (f) of this section”.Enacted provision · exact public law section
(1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively, andMiscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 14(a)(1) · 110 Stat. 3514
Redesignated · 19 U.S.C. § 1304(j); 19 U.S.C. § 1304(k)
Pub. L. 104–295, § 14(a)(1), redesignated subsecs. (h) and (i) as (j) and (k), respectively
Source evidence
Code amendment note
Subsecs. (j), (k). Pub. L. 104–295, § 14(a)(1), redesignated subsecs. (h) and (i) as (j) and (k), respectively.Enacted provision · exact public law section
(1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively, andMiscellaneous Trade and Technical Corrections Act of 1999
Pub. L. 106–36 § 2423(a) · 113 Stat. 127
Added · 19 U.S.C. § 1304(h); 19 U.S.C. § 1304(i)
Pub. L. 106–36, § 2423(a), added subsec. (h)
Redesignated · 19 U.S.C. § 1304(h); 19 U.S.C. § 1304(i)
Pub. L. 106–36, § 2423(a), redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 106–36, § 2423(a), added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).Enacted provision · exact public law section
(a) In General.— Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended— (1) by redesignating subsections (h), (i), (j), and (k) as subsections (i), (j), (k), and (1), respectively; and (2) by inserting after subsection (g) the following new subsection: “(h) Marking of Certain Silk Products.— The marking requirements of subsections (a) and (b) shall not apply either to— “(1) articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997; or “(2) articles provided for in heading 5007 of the Harmonized Tariff Schedule of the United States as in effect on January 1, 1997.”.Miscellaneous Trade and Technical Corrections Act of 1999
Pub. L. 106–36 § 2423(a)(1) · 113 Stat. 127
Redesignated · 19 U.S.C. § 1304(j)
Pub. L. 106–36, § 2423(a)(1), (b), redesignated subsec. (i) as (j)
Redesignated · 19 U.S.C. § 1304(j)
Pub. L. 106–36, § 2423(a)(1), (b), substituted “subsection (i)” for “subsection (h)”. Former subsec. (j) redesignated (k)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 106–36, § 2423(a)(1), (b), redesignated subsec. (i) as (j) and substituted “subsection (i)” for “subsection (h)”. Former subsec. (j) redesignated (k).Enacted provision · exact public law section
(1) by redesignating subsections (h), (i), (j), and (k) as subsections (i), (j), (k), and (1), respectively; andMiscellaneous Trade and Technical Corrections Act of 1999
Pub. L. 106–36 § 2423(a)(1) · 113 Stat. 127
Redesignated · 19 U.S.C. § 1304(k); 19 U.S.C. § 1304(l)
Pub. L. 106–36, § 2423(a)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively
Source evidence
Code amendment note
Subsecs. (k), (l). Pub. L. 106–36, § 2423(a)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively.Enacted provision · exact public law section
(1) by redesignating subsections (h), (i), (j), and (k) as subsections (i), (j), (k), and (1), respectively; andTrade Facilitation and Trade Enforcement Act of 2015
Pub. L. 114–125 § 917(a)(3) · 130 Stat. 122
Inserted · 19 U.S.C. § 1304(e)
Pub. L. 114–125, § 917(a)(3), inserted before period at end “in a location such that it will remain visible after installation”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–125, § 917(a)(3), inserted before period at end “in a location such that it will remain visible after installation”.Enacted provision · exact public law section
(3) by adding at the end before the period the following: “in a location such that it will remain visible after installation”.Trade Facilitation and Trade Enforcement Act of 2015
Pub. L. 114–125 § 917(a)(2) · 130 Stat. 122
Changed · 19 U.S.C. § 1304(e)
Pub. L. 114–125, § 917(a)(2), which directed insertion of “inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “manhole rings,”, was executed by making the insertion before “manhole rings or frames,” to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–125, § 917(a)(2), which directed insertion of “inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “manhole rings,”, was executed by making the insertion before “manhole rings or frames,” to reflect the probable intent of Congress.Enacted provision · exact public law section
(2) by inserting “inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “manhole rings,”; andTrade Facilitation and Trade Enforcement Act of 2015
Pub. L. 114–125 § 917(a)(1) · 130 Stat. 122
Substituted · 19 U.S.C. § 1304(e)
Pub. L. 114–125, § 917(a)(1), substituted “castings” for “manhole rings or frames, covers, and assemblies thereof” in heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–125, § 917(a)(1), substituted “castings” for “manhole rings or frames, covers, and assemblies thereof” in heading.Enacted provision · exact public law section
(1) in the subsection heading, by striking “Manhole Rings or Frames, Covers, and Assemblies Thereof” and inserting “Castings”;United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 title II § 209(a) · 134 Stat. 11
Added · 19 U.S.C. § 1304(k)
Pub. L. 116–113 added subsec. (k)
Struck · 19 U.S.C. § 1304(k)
Pub. L. 116–113 struck out former subsec. (k) which related to treatment of goods of a NAFTA country
Source evidence
Code amendment note
Subsec. (k). Pub. L. 116–113 added subsec. (k) and struck out former subsec. (k) which related to treatment of goods of a NAFTA country.Enacted provision · exact public law section
(a) Country of Origin Marking.— Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended by striking subsection (k) and inserting the following: “(k) Treatment of Goods of a USMCA Country.— In applying this section to an article that qualifies as a good of a USMCA country (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)— “(1) the exemption under subsection (a)(3)(H) shall be applied by substituting ‘reasonably know’ for ‘necessarily know’; “(2) the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good— “(A) is an original work of art; or “(B) is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and “(3) subsection (b) does not apply to the usual container of any good described in subsection (a)(3)(E) or (I) or paragraph (2)(A) or (B) of this subsection.” .Effective date note
Pub. L. 116–113, title II, § 209(d), Jan. 29, 2020, 134 Stat. 53, provided that: [For definition of “USMCA” as used in section 209(d) of Pub. L. 116–113, set out above, see section 4502 of this title.]
27 of 29 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsecs. (f) to (h) and (k)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Prior Provisions
Provisions dealing with the subject matter of this section and former section 133 of this title were contained in act Oct. 3, 1913, ch. 16, § IV, F, subsecs. 1 and 2, 38 Stat. 194, superseding similar provisions of previous tariff acts. Those subsections were superseded by act Sept. 21, 1922, ch. 356, title III, § 304(a), 42 Stat. 947, and repealed by § 321 of that act. Section 304(a) of the act of 1922 was superseded by section 304 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Amendments1938–2020 · 10 rounds
2020
Subsec. (k). Pub. L. 116–113 added subsec. (k) and struck out former subsec. (k) which related to treatment of goods of a NAFTA country.
2016
Subsec. (e). Pub. L. 114–125, § 917(a)(3), inserted before period at end “in a location such that it will remain visible after installation”.
Pub. L. 114–125, § 917(a)(2), which directed insertion of “inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “manhole rings,”, was executed by making the insertion before “manhole rings or frames,” to reflect the probable intent of Congress.
Pub. L. 114–125, § 917(a)(1), substituted “castings” for “manhole rings or frames, covers, and assemblies thereof” in heading.
1999
Subsecs. (h), (i). Pub. L. 106–36, § 2423(a), added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 106–36, § 2423(a)(1), (b), redesignated subsec. (i) as (j) and substituted “subsection (i)” for “subsection (h)”. Former subsec. (j) redesignated (k).
Subsecs. (k), (l). Pub. L. 106–36, § 2423(a)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively.
1996
Subsecs. (f) to (h). Pub. L. 104–295, § 14(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively.
Subsec. (i). Pub. L. 104–295, § 14(a)(1), (b), redesignated subsec. (g) as (i) and substituted “subsection (h) of this section” for “subsection (f) of this section”.
Subsecs. (j), (k). Pub. L. 104–295, § 14(a)(1), redesignated subsecs. (h) and (i) as (j) and (k), respectively.
1993
Subsec. (c)(1). Pub. L. 103–182, § 207(a)(1), substituted “engraving, or continuous paint stenciling” for “or engraving”.
Subsec. (c)(2). Pub. L. 103–182, § 207(a)(2), substituted “five methods” for “four methods” and struck out “such as paint stenciling” after “method of marking”.
Subsec. (e). Pub. L. 103–182, § 207(a)(3), substituted “engraving, or an equally permanent method of marking” for “or engraving”.
Subsecs. (h), (i). Pub. L. 103–182, § 207(a)(4), (5), added subsec. (h) and redesignated former subsec. (h) as (i).
1988
Subsec. (h). Pub. L. 100–418 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.”
1986
Subsec. (c). Pub. L. 99–514 substituted “(1) Except as provided in paragraph (2), no” for “No” and added par. (2).
1984
Subsecs. (c) to (h). Pub. L. 98–573 added subsecs. (c) to (e), redesignated former subsecs. (c) to (e) as (f) to (h), respectively, and in subsec. (g), as redesignated, substituted “subsection (f) of this section” for “subsection (c) of this section”.
1953
Subsec. (a)(3)(K). Act , added cl. (K).
1938
Act , amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–113, title II, § 209(d), , 134 Stat. 53, provided that:
“(1) In general.—
The amendments made by this section [amending this section and sections 1509 and 1628 of this title] shall—
“(A) take effect on the date on which the USMCA enters into force []; and
“(B) apply with respect to a good entered for consumption, or withdrawn from warehouse for consumption, on or after that date.
“(2) Transition from nafta treatment.—
In the case of a good entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force—
“(A) the amendments made by this section shall not apply with respect to the good; and
“(B) the provisions of law amended by this section, as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the good.”
[For definition of “USMCA” as used in section 209(d) of Pub. L. 116–113, set out above, see section 4502 of this title.]
Effective Date of 2016 Amendment
Pub. L. 114–125, title IX, § 917(b), , 130 Stat. 279, provided that: “The amendments made by subsection (a) [amending this section] take effect on the date of the enactment of this Act [] and apply with respect to the importation of castings described in such amendments on or after the date that is 180 days after such date of enactment.”
Effective Date of 1999 Amendment
Pub. L. 106–36, title II, § 2423(c), , 113 Stat. 180, provided that: “The amendments made by this section [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [].”
Effective Date of 1996 Amendment
Pub. L. 104–295, § 14(c), , 110 Stat. 3522, provided that: “The amendments made by this section [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [].”
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title.
Effective Date of 1988 Amendment
Pub. L. 100–418, title I, § 1907(a)(2), , 102 Stat. 1314, provided that:
“(A) The amendment made by paragraph (1) [amending this section] applies with respect to acts committed on or after the date of the enactment of this Act [].
“(B) The conviction of a person under section 304(h) of the Tariff Act of 1930 [19 U.S.C. 1304(h)] for an act committed before the date of the enactment of this Act shall be disregarded for purposes of applying paragraph (2) of such subsection (as added by the amendment made by paragraph (1) of this subsection[)].”
Effective Date of 1984 Amendment
Pub. L. 98–573, title II, § 214, , 98 Stat. 2988, provided that:
“(a) For purposes of this section, the term ‘15th day’ means the 15th day after the date of the enactment of this Act [].
“(b) Except as provided in subsections (c), (d), and (e), the amendments made by this title [enacting sections 58b, 1339, and 1627a of this title, amending sections 81c, 81o, 1313, 1330, 1431, 1498, 1555, 2192, 2251, 2253, and 2703 of this title, section 925 of Title 18, Crimes and Criminal Procedure, and section 162 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 2, 81c, 81o, and 1339 of this title, and section 162 of Title 26] shall take effect on the 15th day.
“(c) (1) The amendment made by section 204 [amending section 1441 of this title] shall apply with respect to vessels returning from the British Virgin Islands on or after the 15th day.
“(2) The amendments made by section 207 [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those articles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States.
“(3) (A) The amendment made by section 208 [amending section 1466 of this title] shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day.
“(B) Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act [], any entry in connection with the arrival of a vessel used primarily for transporting passengers or property—
“(i) made before the 15th day but not liquidated as of , or
“(ii) made before the 15th day but which is the subject of an action in a court of competent jurisdiction on , and
“(iii) with respect to which there would have been no duty if the amendment made by section 208 applied to such entry,
shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated or reliquidated as though such entry had been made on the 15th day.
“(4) The amendments made by section 209 [enacting section 1484a of this title and amending section 1202 of this title] shall apply with respect to articles launched into space from the customs territory of the United States on or after .
“(5) (A) The amendment made by section 210(a) [amending section 1505 of this title] shall take effect on the 30th day after the date of the enactment of this Act [].
“(B) The amendment made by section 210(b) [amending section 1520 of this title] shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act [].
“(d) (1) The amendments made by section 212 [amending sections 1520, 1564, and 1641 of this title and sections 1581, 1582, 2631, 2636, 2640, and 2643 of Title 28, Judiciary and Judicial Procedure] shall take effect upon the close of the 180th day following the date of the enactment of this Act [] with the following exceptions:
“(A) Section 641(c)(1)(B) and section 641(c)(2) of the Tariff Act of 1930, as added by such section [19 U.S.C. 1641(c)(1)(B), (2)], shall take effect three years after the date of the enactment of this Act [].
“(B) The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 [no subsec. (c) of section 212 was enacted] shall take effect on such date of enactment [].
“(2) A license in effect on the date of enactment of this Act [] under section 641 of the Tariff Act of 1930 (as in effect before such date of enactment) shall continue in force as a license to transact customs business as a customs broker, subject to all the provisions of section 212 and such licenses shall be accepted as permits for the district or districts covered by that license.
“(3) Any proceeding for revocation or suspension of a license instituted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act [] shall continue and be governed by the law in effect at the time the proceeding was instituted.
“(4) If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances.
“(e) The amendments made by section 213 [enacting sections 1589a, 1613b, and 1616a of this title, amending sections 1602, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, and 1619 of this title and repealing section 7607 of Title 26, Internal Revenue Code] shall take effect .”
Effective Date of 1953 Amendments, Enactments, and Repeals
Act Aug. 8, 1953, ch. 397, § 1, 67 Stat. 507, provided that such act [see Short Title of 1953 Amendment note set out under section 1654 of this title] is effective, except as otherwise specifically provided for, on and after the thirtieth day following the date of its enactment [].
The exception “except as otherwise specifically provided for” apparently refers to the amendments made to the provisions preceding subd. (1) of section 1308 of this title, and to section 1557(b) of this title, for which separate effective dates were provided as explained in notes under such sections.
Effective Date of 1938 Amendment
Amendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under section 1401 of this title.
Savings Provision
Act Aug. 8, 1953, ch. 397, § 23, 67 Stat. 521, provided: “Except as may be otherwise provided for in this Act [see Short Title of 1953 Amendment note set out under section 1654 of this title], the repeal of existing law or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil or criminal case prior to such repeal or modification, but all liabilities under such laws shall continue, except as otherwise specifically provided in this Act, and may be enforced in the same manner as if such repeal or modification had not been made.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Marking Requirements for Articles Qualifying as Goods of NAFTA Country
Pub. L. 103–182, title II, § 207(b), , 107 Stat. 2097, which provided that articles qualifying as goods of a NAFTA country were subject to the requirements of this section, was repealed by Pub. L. 116–113, title VI, § 601, , 134 Stat. 78, effective on the date the USMCA entered into force ().
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
Executive Documents
Transfer of Functions
Functions of officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Customs officers and employees, referred to in text, were under Department of the Treasury.
Credits
1930–2020 · 11 acts
- 1930June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687
- 1938June 25, 1938, ch. 679, § 3, 52 Stat. 1077
- 1953Aug. 8, 1953, ch. 397, § 4(c), 67 Stat. 509
- 1984Pub. L. 98–573, title II, § 207, , 98 Stat. 2976
- 1986Pub. L. 99–514, title XVIII, § 1888(1), , 100 Stat. 2924
- 1988Pub. L. 100–418, title I, § 1907(a)(1), , 102 Stat. 1314
- 1993Pub. L. 103–182, title II, § 207(a), , 107 Stat. 2096
- 1996Pub. L. 104–295, § 14(a), (b), , 110 Stat. 3521, 3522
- 1999Pub. L. 106–36, title II, § 2423(a), (b), , 113 Stat. 180
- 2016Pub. L. 114–125, title IX, § 917(a), , 130 Stat. 279
- 2020Pub. L. 116–113, title II, § 209(a), , 134 Stat. 52.
Show as published
(June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687; June 25, 1938, ch. 679, § 3, 52 Stat. 1077; Aug. 8, 1953, ch. 397, § 4(c), 67 Stat. 509; Pub. L. 98–573, title II, § 207, , 98 Stat. 2976; Pub. L. 99–514, title XVIII, § 1888(1), , 100 Stat. 2924; Pub. L. 100–418, title I, § 1907(a)(1), , 102 Stat. 1314; Pub. L. 103–182, title II, § 207(a), , 107 Stat. 2096; Pub. L. 104–295, § 14(a), (b), , 110 Stat. 3521, 3522; Pub. L. 106–36, title II, § 2423(a), (b), , 113 Stat. 180; Pub. L. 114–125, title IX, § 917(a), , 130 Stat. 279; Pub. L. 116–113, title II, § 209(a), , 134 Stat. 52.)