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6. Merchandise Found Not Legally Marked

In cases where merchandise is imported which does not comply with marking requirements, Customs may issue a Customs Form 4647 Notice of Marking (or a Notice of Redelivery if the goods have been released), impose marking duties, seize such merchandise, or establish claims for liquidated damages and/or claims for monetary penalty. The action taken depends on the individual circumstances surrounding the import transaction. Generally, cases involving failure to comply with marking requirements fall into one or more of the following four categories:

• The merchandise is not properly marked at the time of entry.
• There are false, deceptive and/or misleading markings on the imported merchandise and/or its containers.
• There is a false certification that the imported merchandise and/or its container are properly marked, or there is a failure to notify subsequent purchasers or repackers of the marking requirements.
• The imported merchandise and/or its container comply with the marking requirements at the time of entry, but there is subsequent removal or alteration of the marking.

Customs Directive 099-4410-003, "Labeling and Marking Requirements--Guidelines for Seizures and Penalties," dated May 11, 1987, provides procedures that are followed for each of these circumstances. Customs Directive 099 3540-001, "Revised Notice to Mark and/or Notice to Redeliver Customs Form 4647," dated March 17, 1992 provides instructions for completion of Customs Form 4647 ("Notice to Mark and/or Notice to Redeliver").

7. Advance Rulings

Binding rulings on the country of origin marking requirements for a good under 19 C.F.R. 134, may be requested in accordance with 19 C.F.R. 181.93. Rulings may be requested by an importer in the United States or an exporter or producer of a good in Canada or Mexico.

III. REFERENCES

Customs Directive 099 4410-003, "Labeling and Marking Requirements--Guidelines for Seizures and Penalties," dated May 11, 1987.
Customs Directive 099 3540-001, "Revised Notice to Mark and/or Notice to Redeliver Customs Form 4647," March 17, 1992.

I. INTRODUCTION

The U.S. Customs Service strongly urges all parties engaged in transactions relating to the importation of goods into the United States to obtain binding advice from the U.S. Customs Service prior to undertaking that transaction. In the case of importations under the NAFTA, guidance can be obtained by requesting an advance ruling in accordance with Part 181, Subpart I of the Customs Regulations.