What is the penalty for importing goods not marked with the country of origin?
Quick answer
Unmarked goods owe an extra 10% ad valorem marking duty unless exported, destroyed or properly marked under customs supervision before the entry liquidates (19 U.S.C. 1304(i)). Removing or covering a required mark to conceal the origin is a crime: fines up to $100,000 for a first conviction, $250,000 after that, plus up to a year in prison (1304(l)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Rule | Every foreign article, or its container where allowed, must show the English name of the country of origin, conspicuously, legibly, indelibly and permanently (19 U.S.C. 1304(a)) | Official source |
| Marking duty | 10% ad valorem on unmarked articles; not remitted, deemed accrued at importation (1304(i)) | Official source |
| How to avoid it | Export, destroy or mark the goods under customs supervision before liquidation of the entry (1304(i)) | Official source |
| Removing marks | Intent to conceal: first conviction up to $100,000 and/or 1 year; later convictions up to $250,000 and/or 1 year (1304(l)) | Official source |
| Invoice link | The commercial invoice must state the country of origin (19 CFR 141.86) | Official source |
| Last verified | October 19, 2026 | Astor Ventures |
What does the marking rule require?
Each imported article, or its container where the regulations allow, must show the English name of the country of origin in a conspicuous place, as legibly, indelibly and permanently as the article allows, so the final US buyer can see where it was made. For products from mainland China, that means a clear China origin mark.
How much is the 10% marking duty?
It is 10% of the value of the unmarked articles, on top of normal duties, and the statute says it cannot be remitted. Example: an unmarked shipment worth $20,000 would owe an extra $2,000. You avoid it only by exporting, destroying or correctly marking the goods under customs supervision before the entry liquidates.
When is it a crime rather than a duty?
When someone defaces, removes, alters, covers or obscures a required origin mark with intent to conceal the information. A first conviction carries a fine up to $100,000, a later one up to $250,000, and either can add up to one year in prison.
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What else do people ask?
Is the 10% marking duty a penalty?
The statute says it is not to be construed as penal, but it is still owed and cannot be remitted once it applies (1304(i)).
Can I fix unmarked goods after arrival?
Yes, if they are marked, exported or destroyed under customs supervision before the entry is liquidated (1304(i)).
Does the invoice also need the origin?
Yes. The commercial invoice must show the country of origin (19 CFR 141.86).
Is this legal advice?
No. General information only.