border.bot
Esc
  • Loading…
↑ ↓ to move↵ to openEsc to close
Docs menu
DevelopersGuides

HS codes

Origin and trade agreements

US import legal requirements

What US law asks of an importer: origin marking under 19 CFR 134, product labels, reasonable care, five years of records and the goods that can't enter.

Updated · 13 official sources

US law makes the importer of record answer for every shipment it enters: each article must be marked with its country of origin in English, products must carry the labels their agency requires, the entry must be filed with reasonable care, records must be kept for five years, and prohibited goods must not be imported at all. An unmarked article pays an extra 10% duty unless it's marked, exported or destroyed before liquidation.

Rules as of 30 October 2026.

How must imported goods be marked with their origin?#

Country of origin marking means every article of foreign origin, or its container, shows the English name of the country where it was made, in a conspicuous place, as legibly, indelibly and permanently as the article allows, so the ultimate purchaser in the United States can see it (19 CFR 134.11).

The rule comes from section 304 of the Tariff Act, and the regulations in 19 CFR part 134 set the details. Marking worked into the article when it's made, such as molded, etched or printed, meets the permanence test best (19 CFR 134.41). If a US place name, "USA" or another country's name appears on the article and could mislead, the true country must appear close to it, in at least comparable size, preceded by "Made in", "Product of" or words of similar meaning (19 CFR 134.46).

Some articles are excepted, such as articles that can't be marked or can't be marked without injury, and then the container carries the marking (19 CFR 134.32). Articles not properly marked owe an additional duty of 10% of the final appraised value unless they are exported, destroyed or marked under CBP supervision before the entry liquidates (19 CFR 134.2). On a $5,000 shipment of unmarked kitchenware that's $500 on top of the normal duty. The country of origin guide explains how origin is decided when a product is made in more than one country.

Which product labels does US law require?#

US product labels are set by the agency that regulates the product, not by CBP, and they apply when the goods are sold, so they must be on the goods before they ship. The Federal Trade Commission's textile rules are the ones most online sellers meet first, alongside FDA rules for food and cosmetics and CPSC rules for consumer products.

A textile product's label must give the generic fiber names and their percentages by weight, in order of predominance, and the name or FTC registered identification number of the manufacturer or a seller (16 CFR 303.16). Textile apparel also needs a care label that can be seen or easily found at the point of sale, with a washing or drycleaning instruction (16 CFR 423.6). Children's products and other goods under a CPSC rule need a certificate, and since 8 July 2026 its data is filed electronically at entry. The CPSC guide and the FDA guide cover those agencies.

What does reasonable care mean for an importer?#

Reasonable care is the standard the law sets for the importer of record: it must use reasonable care to enter, classify and value its goods and to give CBP the information it needs to assess duty, collect statistics and decide whether the goods may enter. CBP decides the final classification and value, but the importer answers for what it declared.

CBP's informed compliance publication on reasonable care lists the questions an importer should be able to answer: who classified the goods and on what basis, how the value was set and whether assists or royalties were included, how origin was established and whether the goods are marked, and whether they could be made with forced labor. CBP says relying only on general guidance may not meet the standard, and suggests a binding ruling under 19 CFR part 177 or advice from a licensed broker where the answer isn't clear. The HS code classifier gives a documented starting point for the classification question.

How long must US import records be kept?#

US import records must be kept for five years from the date of entry when they relate to an entry, or five years from the activity that required them (19 CFR 163.4). That covers invoices, purchase orders, payment records, classification and origin evidence, and the documents behind any trade agreement claim. Drawback records and packing lists have their own periods.

Keep the records where you can produce them when CBP asks. The importer of record also owes the duty personally: liability for duties is a personal debt to the United States, and paying a broker doesn't discharge it if the broker doesn't pay (19 CFR 141.1). Errors found before liquidation are corrected with a post-summary correction; after liquidation, through a protest or a prior disclosure.

Which goods are prohibited or restricted?#

Prohibited goods may not be imported at all, while restricted goods may enter only with a license, a permit or another agency's approval. CBP enforces both at the border, and goods that fail are refused, seized or detained. The list below covers the bans an online seller is most likely to meet, not every one.

  • Goods of Cuban origin, and goods or services of Iranian origin, can't be imported without an OFAC authorization (31 CFR 515.204, 560.201).
  • Switchblade knives are importations contrary to law, except as 15 U.S.C. 1244 permits (19 CFR 12.97).
  • Goods made with forced labor are barred under 19 U.S.C. 1307. CBP detains goods named in withhold release orders and findings (19 CFR 12.42), and goods made in Xinjiang or by an entity on the UFLPA Entity List are presumed barred unless the importer proves otherwise by clear and convincing evidence.
  • Since 29 September 2026, certain Canadian dairy goods, alcoholic beverages and motor vehicles listed by Proclamations 11061 to 11063 are excluded from importation, and CBP rejects any entry that contains them, including admission to a foreign trade zone or bonded warehouse.
  • Alcohol, tobacco, firearms, food, medicines and many consumer products are restricted: they need a permit, a registration or an agency filing. The alcohol and tobacco guide covers the TTB rules.

Before a first shipment, run the product through Restrict to see the partner agency flags CBP sets on its code, check the bans above against its origin yourself, and screen the parties with the denied-party screening tool.

Common questions#

What happens if goods aren't marked with their country of origin?#

CBP assesses an extra duty of 10% of the final appraised value unless the goods are marked, exported or destroyed under CBP supervision before liquidation.

Does "Made in China" have to be on the product itself?#

On the article where it can be marked, otherwise on its container, in English, and legible to the US buyer. Some articles are excepted from marking, and their containers then usually carry it instead.

Who is responsible if the broker gets the classification wrong?#

The importer of record. The law puts the reasonable care duty and the duty debt on the importer, even when a broker files the entry.

Sources#