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Please Explain the "Made in USA" Requirements for Packaging?

October 16, 2012
Question 

We are making a product in USA but using packaging in China, we will eventually ship to Canada for sale. Do we have to include "Made in China" and "Made in USA" or can we get away with just "Made in USA"?

Answer 

The answer to your question would depend on the specific product you are exporting to Canada. Under Canada's Customs Tariff, certain goods are required to be marked to indicate the country in which the goods were made. The Canada Border Services Agency published a memorandum on January 28, 2011, titled, Marking of Imported Goods, which lists the goods that require country of origin marking. The memorandum also explains the legislation and regulations governing country of origin markings for goods imported to Canada from both NAFTA and non-NAFTA countries. The methods for determining country of origin are different for products imported from NAFTA and non-NAFTA countries. While the foreign exporter usually applies the country of origin markings, the Canadian importer is responsible for ensuring that a product complies with the regulations.

In addition to country of origin marking requirements, country of origin labeling may be required on certain products by other government departments, such as Agriculture and Agri-Food Canada, or Industry Canada. Please consult legal counsel to help determine your specific legal obligations.