This is the next Reasonable Care Checklist: Country of Origin / Marking / Quota
Basic Question: Have you ascertained the correct country of origin for the imported merchandise?
1. Have you reported the correct country of origin on CBP entry documents?
2. Have you assured that the merchandise is properly marked upon entry with the correct country of origin (if required) in accordance with 19 U.S.C. 1304 and any other applicable special marking requirements (watches, gold, textile labeling, etc)?
3. Have you obtained a CBP ruling regarding the proper marking and country of origin of the merchandise (see 19 CFR Part 177)? If so, have you followed the ruling and brought that fact to the attention of CBP?
4. Have you consulted with a customs expert regarding the correct country-of-origin/proper marking of your merchandise?
5. Have you apprised your foreign supplier of CBP country-of-origin marking requirements prior to importation of your merchandise?
6. If you are claiming a change in the origin of the merchandise or claiming that the goods are of U.S. origin, have you taken required measures to substantiate your claim (e.g., do you have U.S. milling certificates or manufacturers’ affidavits attesting to production in the United States)?
7. If importing textiles or apparel, have you ascertained the correct country of origin in accordance with 19 U.S.C. 3592 (Section 334, P.L. 103-465) and assured yourself that no illegal transshipment or false or fraudulent practices were involved?
8. Do you know how your goods are made, from raw materials to finished goods, by whom and where?
9. Have you ensured that the quota category is correct?
10. Have you checked the Status Report on Current Import Quotas (Restraint Levels), issued by CBP, to determine if your goods are subject to a quota category with “part” categories?
11. Have you obtained correct visas for those goods subject to visa categories?
12. For textile articles, have you prepared a proper country declaration for each entry, i.e., a single country declaration (if wholly obtained/produced) or a multi-country declaration (if raw materials from one country were transformed into goods in a second)?
13. Can you produce all entry documentation and supporting information, including certificates of origin, if CBP requires you to do so?
For more information from the CBP: A Guide for Commercial Importers
Reminder for this series: Reasonable care is an explicit responsibility on the part of the importer.
Stay-Tuned for next week’s Reasonable Care Checklist!!
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