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We received a CF-4647 "Notice to Mark and/or Redeliver" (Most often simply referred to as a "Marking Notice.") What should we do?
When merchandise is found not to be properly marked in accordance with customs' rules for country of origin marking, as provided in the Customs Regulations in 19 CFR Part 134, the port director is required to notify the importer to arrange to properly mark the articles or containers involved or to return all released articles to Customs custody for marking, exportation, or destruction. Customs will give notice on Customs Form 4647, which is called a "Notice to mark or redeliver."
The first course of action is to stop the distribution of the goods involved. These notices are usually issued because the goods appear to be lacking the appropriate country of origin marking, or the goods are not admissible into the United States.
If the goods have already left your warehouse, it is important to contact your customer and request the goods be put on hold. For marking issues, frequently an agreement can be negotiated with CBP to submit a sample of the revised marking rather than redelivering the entire shipment. Seeking appropriate legal counsel can greatly assist with this process and provides the best outcome.
Be aware that articles which are not properly marked as required by Part 134 of the Customs Regulations are subject to additional duties of 10% of the final appraised value unless exported or destroyed under Customs supervision prior to liquidation of the entry. The 10% additional duty is assessable for failure either to mark the article or container with the English name of the country of origin, or to include words or symbols required to prevent deception or mistake.
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