Every article of foreign origin imported into the United States must be marked with the English name of its country of origin, legibly and in a conspicuous place, unless the law provides an exception. For goods you sell on Amazon in the form you imported them, the retail customer is the “ultimate purchaser” who must be able to read that mark. Under 19 U.S.C. 1304, goods that arrive unmarked and are not marked, exported, or destroyed under CBP supervision before the entry liquidates owe an extra 10 percent ad valorem duty (statute text read 2026-10-11).
This guide covers country of origin marking for Amazon FBA imports: wording, placement, exceptions, repacking, and what U.S. Customs and Border Protection (CBP) can do about unmarked goods. It does not rule on whether a specific product is excepted.
The Sources, and How Current They Are
| Source | Date | What it settles |
|---|---|---|
| Marking of Country of Origin on U.S. Imports — CBP Informed Compliance Publication | “Last Modified: May 15, 2026”, read 2026-10-11 | Purpose, ultimate purchaser, wording, location, labels, containers, exceptions, repacking, sanctions |
| 19 U.S.C. 1304 — U.S. Code, 2023 edition, govinfo | Read 2026-10-11 | Marking duty in subsection (i), criminal penalties in subsection (l) |
| 19 CFR Part 134 — eCFR | Current text read 2026-10-11 | Definitions, containers, repacking certification, Form 4647 procedure |
CBP’s page says it is “for general information purposes only” and that “Reliance solely on this general information may not be considered reasonable care.” Where origin is complicated, CBP points importers to a binding ruling under 19 CFR Part 177. For the wider border workflow, see shipping from China to Amazon FBA.
What Country of Origin Marking Requires
CBP states the purpose as: “To inform the ultimate purchaser in the United States of the country in which the imported article was made.” 19 U.S.C. 1304(a) requires the mark “in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit.”
- Country of origin is “the country of manufacture, production, or growth of the article.” Work in a second country changes origin only through a substantial transformation, which CBP describes as creating “a new article with a different name, character, and use.” USMCA goods and textiles follow separate rules in 19 CFR Part 102.
- Legible means “of an adequate size, and clear enough, to be read easily by a person of normal vision.” There is no set font size.
- Conspicuous means not necessarily the most conspicuous place, “but it must be where it can be seen with a casual handling of the article,” and visible without disassembly.
- Permanent means the mark stays on unless deliberately removed. A mark “that will not remain on the article during handling” is not proper marking.
- English name. Clear abbreviations (“Gt. Britain”) and variant spellings (“Brasil”) pass; “E.C.” and “E.U.” do not.
Origin for marking is separate from tariff classification; for that side see Amazon FBA import tariffs and how to find the HTS code for your products.
Who the Ultimate Purchaser Is for Amazon Inventory
19 CFR 134.1(d) defines the ultimate purchaser as “generally the last person in the United States who will receive the article in the form in which it was imported.”
| Your situation | Ultimate purchaser under 19 CFR 134.1(d) |
|---|---|
| Sold on Amazon in the imported form | “the purchaser at retail” |
| A U.S. manufacturer substantially transforms it | The manufacturer may be |
| Minor U.S. processing, identity intact | The consumer who receives it after processing |
| Distributed as a gift | The recipient (USMCA goods: the gift’s buyer) |
For a typical private-label product made in China and sent to an Amazon fulfillment center, neither you nor Amazon is the ultimate purchaser; the shopper is. The mark must be on the product or its retail packaging at import and must survive FBA receiving, storage, and delivery.
“Made in” Wording, U.S. Addresses, and Brand Names
A plain country name such as “China” meets the basic rule. CBP requires “made in” only when another locality name appears and “may mislead or deceive the ultimate purchaser.”
For Amazon sellers this usually means a U.S. address or brand. Under 19 CFR 134.46, if “United States,” “American,” “U.S.A.,” a variation, or a U.S. city or place appears on the article or container and could mislead, the origin must appear “in close proximity” and “in at least a comparable size,” preceded by “Made in,” “Product of,” or similar words. A box printing “Austin, Texas” large and “China” tiny on the bottom flap is the case this rule targets. Section 134.47 applies a similar rule to trademarks and trade names containing a U.S. place name or “America.”
CBP also allows “Assembled in [country]” for the country of final assembly, optionally followed by “from components of” and the component origins. Whether marketing can say “Made in USA” is a separate FTC test; see Made in USA claims on Amazon.
Labels, Tags, and Containers: Where the Mark Can Go
| Method | What CBP says |
|---|---|
| Molded, stamped, printed, stenciled into the item | “The best form of marking” |
| Tags | Acceptable if attached so they remain until the buyer receives the item |
| Adhesive labels | “may be used in some instances, but this is not a recommended form”; loose labels can mean re-marking at the importer’s expense |
| Retail box only | Only under an exception, such as a container that reaches the buyer unopened |
Some articles need fixed methods a sticker cannot meet. CBP lists knives, forks, scissors, safety razors and blades, surgical and dental instruments, pliers, and vacuum containers as requiring die-stamping, cast-in-mold lettering, etching, engraving, or attached metal plates. Watches and clocks have their own HTS rules.
The “usual container” (the one the item normally reaches the buyer in) must show the origin of its contents when imported filled, unless the contents are marked and the container opens easily. An “unusual container” with further use after the contents are consumed must show its own origin too: CBP’s example is “Vase made in France, candy made in England.” Checking marks is a natural line in a pre-shipment inspection.
Exceptions to Marking: What the Law Lists
19 U.S.C. 1304(a)(3), as restated by CBP, excepts among others:
- articles incapable of being marked, or that cannot be marked before shipment without injury or at an “economically prohibitive” expense
- articles whose container reasonably shows origin and reaches the ultimate purchaser unopened
- crude substances, and articles imported for the importer’s own use and not for sale
- articles the importer will process so the mark would be concealed or destroyed
- cases where the ultimate purchaser must necessarily know the origin
- articles produced more than 20 years before importation
- a fixed list of classes (the “J-List”), including buttons, screws, rivets, nails, bolts and nuts, unstrung beads, ribbon, playing cards, sponges, and cut flowers
CBP also lists articles valued at not more than $200 passed without a customs entry, bona fide gifts within a $100 per-person-per-day limit, and certain coffee, tea, spice, and silk products.
Two limits matter. An excepted article usually still needs its immediate container marked, “unless that article is excepted from marking under clause (F), (G), or (H).” And a J-List entry is narrow: loose buttons are not a retail sewing kit. Whether your SKU qualifies is CBP’s call, and a binding ruling gets it in writing.
Repacking, Kitting, and Prep Centers
Goods repacked in the United States stay subject to marking “unless the repacker is the ultimate purchaser.” A prep center repacking your goods for retail sale is not.
Under 19 CFR 134.26, when goods will be repacked into retail containers after release, the importer certifies that either (1) its own repacking will not obscure the mark, or the new container will be properly marked, or (2) it will notify any buyer or repacker in writing, at the time of sale or transfer, of the marking requirements. CBP warns that failing these certification requirements “may subject the importer to additional duty and penalties.”
Put the marking rule in your written prep instructions, and make sure bundles show each component’s origin; CBP’s form for a combined article that keeps its identity is “(Name of imported article) made in (country).” Amazon’s own packaging rules are in FBA prep requirements.
What CBP Can Do About Unmarked Goods
| Consequence | Source | What it says |
|---|---|---|
| Delivery held | 19 CFR 134.3(a) | Examined goods are not released until marked, or until estimated marking duties or security are deposited |
| Redelivery demand | 19 CFR 134.3(b) | Released goods can be demanded back, within 30 days after entry or examination |
| Notice to mark | 19 CFR 134.51 | Customs Form 4647 tells the importer to mark, or return goods for marking, export, or destruction, at the importer’s expense |
| 10% marking duty | 19 U.S.C. 1304(i); 19 CFR 134.2 | “a duty of 10 per centum ad valorem,” owed “in addition to any other duty imposed by law,” which “shall not be remitted wholly or in part” |
| Liquidated damages | 19 CFR 134.54(a) | Not marking or redelivering within 30 days of notice triggers damages equal to the entered value of the unmarked goods |
| Criminal penalties | 19 U.S.C. 1304(l) | Removing or covering a required mark to conceal it: up to $100,000 and/or 1 year for a first conviction; up to $250,000 and/or 1 year after that |
These figures come from the 2023 U.S. Code on govinfo and the current eCFR, read 2026-10-11. 19 CFR 134.2 bases the 10 percent on “the final appraised value.” Several CFR sections still cite older lettering: 19 CFR 134.2, 134.3, 134.53, and 134.54 point to 1304(f), and 19 CFR 134.4 still states penalties “of up to $5,000” citing subsection (h), while the amendment notes in the U.S. Code show that $5,000 text was replaced in 1988; the current penalty text is subsection (l), and the statute controls.
Customs Marking vs the Origin Line on Your Listing
| CBP marking | Origin in an Amazon listing | |
|---|---|---|
| Where | On the article or its container | Catalog data, title, bullets, images |
| Governed by | 19 U.S.C. 1304, 19 CFR Part 134 | Amazon policy; FTC rules for origin claims |
| Checked | At importation, before liquidation | While the listing is live |
A correct listing does not cure an unmarked product, and a correct mark does not cure a listing implying U.S. origin. Amazon’s Seller Central pages on origin data sit behind a login, so this guide does not describe Amazon’s field rules. The country of origin you report in the ISF filing is customs data, not a mark on the goods. Apparel adds Textile Act disclosures; see FTC textile labeling for Amazon clothing.
Pre-Shipment Country of Origin Marking Checklist
- Confirm origin: where the last substantial transformation happens; get a ruling if it spans countries.
- Put the mark in the purchase order: English country name, method, location. A China sourcing agent can follow up with the factory.
- Scan for U.S. place names or “American” branding, and add “Made in [country]” in close proximity and comparable size.
- Mark the retail container, plus container and contents for unusual containers.
- Check special-method articles such as cutlery, scissors, razors, and tools.
- Confirm any exception before relying on it, and remember the container rule.
- Give prep centers the repacking rule in writing.
- Photograph the mark on sampled units before shipping.
Frequently Asked Questions
Does a “Made in China” label have to say “Made in”?
Not always. “Made in” or similar words are required only when another locality name, such as a U.S. city or brand address, appears and could mislead. A plain “China” that is conspicuous, legible, and permanent meets the basic rule.
Is a sticker enough for country of origin marking?
Sometimes. CBP says adhesive labels “may be used in some instances, but this is not a recommended form,” because they can come loose before reaching the buyer.
Who pays the 10% marking duty?
The importer. Under 19 U.S.C. 1304(i) it applies when unmarked goods are not marked, exported, or destroyed under customs supervision before liquidation, and it cannot be remitted.
Bottom Line
When the shopper holds the item, can they read in English where it was made, on a mark that survived shipping, FBA receiving, and repacking? Build the mark into production, mark containers when required, treat exceptions as narrow, and fix problems before liquidation, because the 10 percent marking duty cannot be waived afterward.