Marking Cut Flowers 

The trend of importing consumer-ready, fresh cut flower bouquets, or assembling such articles upon 

importation for sale directly to retailers, has increased in recent years, making it necessary to address the 

marking of this particular commodity. This fact sheet discusses the country of origin marking 

requirements applicable to fresh cut flowers imported into the United States. 

General Requirements for Marking 

All commodities imported into the United States must be marked with the country of origin. The country 

of origin is the country in which the commodity is manufactured, produced or grown. The purpose of 

marking is to inform the ‘ultimate purchaser’ in the United States of the country in which the imported 

article was made. The ultimate purchaser is generally the last person in the United States who will receive 

the article in the form in which it was imported. It is imperative that the marking be in a conspicuous 

place, as legibly, indelibly and permanently, as the nature of the article (or its container) will permit, and 

in such a manner as to indicate to the ultimate purchaser in the United States the English name of the 

country of origin of the article. (See 19 U.S.C. § 1304 and 19 CFR Part 134.) 

Reasons for Marking 

• The consumer has a right to know. 

• Allows the consumer to be selective about purchasing certain 

products made in certain countries. 

• Allows CBP to maintain commodity statistics of import 

volumes. 

• Allows U.S. manufacturers to analyze competition. 

• Allows U.S. manufacturers and/or distributors of licensed 

commodities to track counterfeit goods. 

Marking is required by law (19 U.S.C. § 1304 and 19 CFR § 134.11); however, there are exceptions to the 

rule. 19 CFR § 134.33 lists certain commodities which are excepted from individual country of origin 

marking. This list is known as the J-List. “Cut flowers” are excepted articles set forth on the J-List. Thus, if 

fresh cut flowers are imported in bulk and are not sold to retail customers in a pre-packaged outermost 

container, they are not required to be individually marked, but some marking is still required. 

For any J-List article, for example cut flowers, which is imported in a container, the outermost container 

(shipping carton) in which the article ordinarily reaches the ultimate purchaser is required to be marked to 

indicate the origin of its contents. If an article on the J-List is repacked in a new container for sale to an 

ultimate purchaser after its release from CBP custody (for example, the fresh cut flowers are put together 

into bouquets), or if the Center of Excellence and Expertise (Center) director has reason to believe such 

article will be repacked after its release, the importer must certify to the Center director that: 

• If the importer does the repacking, the new container will be marked to indicate the country of origin 

of the article according to the marking requirement. 

• If the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer 

will notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of 

the article must conform to the aforementioned requirements. 

In any instance in which the above scenarios may occur, the importer, or its authorized agent, must sign a 

statement certifying that the commodity was repacked in a new container while in the importer’s 

possession, and the new container, unless excepted, must be marked in accordance with the requirements 

of 19 U.S.C. § 1304 and 19 CFR Part 134. Furthermore, the importer, or its authorized agent, must certify 
 

 

 

 

 

 

 

 

 

Marking Cut Flowers 

that if the commodity is intended to be sold or transferred to a subsequent purchaser or repacker, the party will be notified 

in writing, at the time of sale or transfer, of the marking requirements. 

The certification statement (example on right) may appear as a 

typed or stamped statement on an appropriate entry document or 

commercial invoice, or on a preprinted attachment to such entry or 

invoice; or it may be submitted in blanket form to cover all 

importations of a particular product for a given period (e.g., 

calendar year). If the blanket procedure is used, a certification must 

be filed with CBP, either at the port of entry or electronically. 

Advance Ruling Program 

In order to help facilitate legitimate trade, CBP recommends 

requesting a binding advance ruling. Any person or business that 

plans to import a particular product into the United States may 

request a binding ruling from CBP. A ruling is a written decision in 

the form of a letter issued by Regulations and Rulings pursuant to 

19 CFR Part 177 that informs the requester how CBP will treat a 

good or conveyance when it is imported into or arrives in the 

United States. In other words, the ruling letter may discuss the 

appropriate tariff classification, country of origin marking of the 

good, the country of origin for purposes of determining the duty 

rate of a good, etc., for a prospective shipment. The purpose of a 

ruling letter is to enable the trade to make business decisions that 

are dependent on how the goods will be treated upon importation. 

Once issued, a prospective ruling is something members of the 

trade can rely and depend on wherever the goods are imported into 

the United States. 

Trade stakeholders are encouraged to submit ruling requests electronically via the 

Electronic Ruling (eRuling) Template, which is transmitted directly to the 

National Commodity Specialist Division (NCSD) in New York. Please visit 

https://erulings.cbp.gov/s/ to start your request. To learn more about the 

requirements for filing a ruling request, please visit 

https://www.cbp.gov/trade/rulings/eruling-requirements. 

e-Allegations 

If you suspect there are companies engaging in illicit trade activities and 

not abiding by the rules, you are encouraged to visit U.S. Customs and 

Border Protection’s e-Allegations portal. The portal provides a means for 

the public to report to CBP any suspected violations of trade laws or 

regulations related to the importation of goods into the United States. 

These types of violations include misclassification of merchandise, false 

country of origin markings, health and safety issues, valuation issues, and 

counterfeiting. When filing an allegation, please be as specific, detailed, 

and concise as possible to help expedite the complaint. Please visit 

https://eallegations.cbp.gov to report the allegation. 

CBP.gov/Trade | @CBPTradeGov 

CBP Publication No. 1116-0620 

Image of Certification of Marking by Importer 

Statement