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Country of Origin Determination Flashcards

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  1. What is the purpose of the 'country of origin' marking requirement under Section 304 of the Tariff Act of 1930?

    Answer: To inform the ultimate purchaser in the U.S. of the article's origin

    Section 304 requires country of origin marking so that the ultimate purchaser in the United States is informed of the country in which the article was manufactured or produced.

  2. Under 19 CFR Part 134, which party is generally responsible for ensuring that imported goods are properly marked with their country of origin?

    Answer: The importer of record

    The importer of record bears primary legal responsibility under 19 CFR Part 134 for ensuring that imported articles are properly marked with the country of origin.

  3. Under USMCA, what is 'Regional Value Content' (RVC) used to determine?

    Answer: The percentage of a product's value attributable to North American production

    RVC measures the percentage of a product's value that originates within the USMCA region (U.S., Canada, Mexico) to determine whether the good qualifies as originating.

  4. If goods are found to be improperly marked upon importation, CBP may require the importer to do which of the following before the goods are released?

    Answer: Remark the goods under CBP supervision or re-export them

    CBP may require that improperly marked goods be properly marked or re-exported before they are released; otherwise, a marking duty of 10% ad valorem may be assessed.

  5. The 'de minimis' rule under USMCA allows non-originating materials to be disregarded for origin purposes if they do not exceed what percentage of the adjusted value of the good?

    Answer: 10%

    Under USMCA, non-originating materials that do not exceed 10% of the adjusted value of the good generally may be disregarded under the de minimis rule for most products.

  6. Which U.S. government agency has primary authority to administer and enforce country of origin marking requirements for imported goods?

    Answer: U.S. Customs and Border Protection (CBP)

    CBP is the primary agency responsible for administering and enforcing country of origin marking requirements at the border under the Tariff Act.

  7. For purposes of country of origin marking, who is considered the 'ultimate purchaser' of an imported article?

    Answer: The last U.S. person who will receive the article in the form in which it was imported

    The ultimate purchaser is defined as the last U.S. person who will receive the article in the same form it was imported, and the marking must be sufficient to inform that person of the origin.