INTERNATIONAL TRADE LAW
U.S. Import Labeling Requirements: A Legal Guide
Every U.S. import faces two layers of labeling rules: a baseline country-of-origin marking requirement that applies to nearly all foreign goods, plus product-specific labeling set by whichever agency regulates the category (FTC, FDA, EPA, CPSC). CBP can refuse entry or hold a shipment that fails either layer, and a marking failure carries its own statutory duty. This guide explains the baseline, the main product-specific regimes, and how enforcement works.
The Baseline: Country-of-Origin Marking
The rule that touches almost every import is country-of-origin marking under Section 304 of the Tariff Act (19 U.S.C. § 1304), implemented at 19 C.F.R. Part 134. Every article of foreign origin (or its container) must be marked so that the ultimate U.S. purchaser can see where it came from. The statute sets four standards.
| Standard | What it means |
|---|---|
| Conspicuous | Located where a purchaser would reasonably find it |
| Legible | Readable, in the English name of the country |
| Indelible & permanent | Survives normal handling and distribution |
| Ultimate purchaser | Informs the last U.S. buyer who receives the article in its imported form |
If goods arrive unmarked or mismarked, CBP can hold them until they are re-marked under supervision, and assess a marking duty of 10% ad valorem under 19 U.S.C. § 1304(i) — a duty that “accrued at the time of importation and cannot be remitted.” Repeated or intentional violations can also draw civil penalties under 19 U.S.C. § 1592. Our country-of-origin marking guide covers the determination rules in depth.
Consumer Commodities: The FPLA
Many packaged consumer products carry a second baseline under the Fair Packaging and Labeling Act (FPLA). The FPLA requires each package of a “consumer commodity” to disclose three things: the identity of the product, the net quantity of contents (in both metric and inch/pound units), and the name and place of business of the manufacturer, packer, or distributor. Jurisdiction is split: the FDA administers the FPLA for foods, drugs, cosmetics, and medical devices, while the FTC handles other household consumer commodities.
Product-Specific Labeling by Category
On top of those baselines, the governing agency adds category rules. Identifying the right regime early — ideally when you settle the HTS classification — is what keeps a shipment moving.
- Textiles and apparel → FTC fiber-content and care labels under the Textile Fiber Products Identification Act (and the Wool and Fur Acts). See how to import clothing.
- Food → FDA labeling: ingredient list, Nutrition Facts, and allergen declarations, plus FDA registration of the facility. See importing food products.
- Drugs and cosmetics → FDA labeling rules specific to each, including required warnings and ingredient disclosures.
- Chemicals and hazardous products → OSHA Hazard Communication / GHS labels and Safety Data Sheets, and FIFRA labels for pesticides. See how to import chemicals.
- Consumer products and children’s products → CPSC tracking-label and certification requirements.
How CBP Enforces Labeling at the Border
CBP is the agency that actually stops noncompliant goods, even when another agency wrote the rule. At entry, CBP officers inspect shipments for proper marking, conduct admissibility reviews, and can refuse entry, require re-marking under supervision, or assess the marking duty. For products regulated by a partner agency, CBP enforces that agency’s labeling requirement as a condition of admissibility — so an FDA food-labeling defect or a missing FTC fiber label can hold a shipment exactly as a marking error would. The practical consequences of getting it wrong are detention, re-marking costs, the 10% marking duty, refused entry, and in serious cases recalls or penalties.
Build the Label Before You Ship
Labeling is cheapest to fix before production. Confirm the country-of-origin marking method, the FPLA disclosures if the product is a consumer commodity, and the category-specific label, then verify supplier samples against those rules before the run. Keep the label artwork, test reports, and compliance documentation with your entry records for five years under 19 U.S.C. § 1508, so you can answer a CBP request or audit without scrambling.
Frequently Asked Questions
What labeling is required on all U.S. imports?
Country-of-origin marking under 19 U.S.C. § 1304 applies to nearly all foreign goods: the article or its container must show the English name of the country of origin in a conspicuous, legible, permanent way. Many packaged consumer goods also need FPLA disclosures, and most categories add agency-specific labels.
What happens if imported goods are not marked with country of origin?
CBP can hold the goods until they are re-marked under customs supervision and assess a 10% ad valorem marking duty under 19 U.S.C. § 1304(i). Intentional or repeated violations can trigger additional civil penalties.
What is the Fair Packaging and Labeling Act?
The FPLA requires consumer-commodity packages to show the product identity, the net quantity of contents (in metric and inch/pound units), and the manufacturer, packer, or distributor’s name and place of business. The FDA enforces it for food, drugs, cosmetics, and devices; the FTC for other household commodities.
Does CBP or the product agency enforce labeling?
Both, in sequence. The FDA, FTC, EPA, or CPSC writes the category labeling rule, and CBP enforces it at the border as a condition of admissibility — refusing entry, requiring re-marking, or assessing duties on noncompliant goods.
Getting labeling right means lining up the marking baseline, the FPLA, and the category rule before goods are produced. Reidel Law Firm helps importers map those requirements on flat-fee terms, with a plain-English compliance memo and direct attorney access. Get an import compliance memo.
