Made-in marking and origin marking: rules and obligations
Overview of mandatory and voluntary origin marking requirements for goods sold in the EU market.
Origin marking, commonly referred to as "Made in" marking, is the indication of the country of origin on a product or its packaging. This marking is based on the non-preferential origin of the product and serves to inform consumers and as a trade policy instrument. The rules differ significantly between the EU and other markets such as the United States.
EU regulation for origin marking
In the EU, there is no general legal obligation to mark products with a "Made in" indication. The key rules are:
- No generic EU obligation: there is no EU-wide regulation requiring origin marking for all products
- Sector-specific obligations: for certain product categories, marking obligations do exist (e.g. food, cosmetics, textiles)
- Voluntary marking: when a company voluntarily uses "Made in", the marking must be correct based on non-preferential origin rules
- Prohibition of misleading: incorrect origin marking falls under the prohibition of unfair commercial practices (Directive 2005/29/EC)
Sector-specific EU obligations
| Sector | Obligation | Legal basis |
|---|---|---|
| Food | Country of origin mandatory on label | Regulation (EU) 1169/2011 |
| Textiles | Origin indication for imports from third countries | Regulation (EU) 1007/2011 |
| Cosmetics | Country of origin on packaging | Regulation (EC) 1223/2009 |
| Medical devices | Manufacturer and origin on label | MDR 2017/745 |
| Toys | Origin if outside EU | Directive 2009/48/EC |
US regulation: Section 304 Tariff Act
The United States applies much stricter marking obligations:
- Every article imported into the US must bear an origin marking
- The marking must be conspicuous, legible, and permanent
- The marking must state the country of origin in English
- U.S. Customs and Border Protection (CBP) actively enforces compliance
- Non-compliance results in a penalty of 10% of customs value or refusal of entry
How origin marking and non-preferential origin connect
The "Made in" marking must always correspond with non-preferential origin:
- Origin is determined by the Last Substantial Transformation
- Simple operations (packaging, labelling, assembly) do not change origin
- A product assembled in the Netherlands from Chinese components may only bear "Made in Netherlands" if the assembly qualifies as LST
Penalties for incorrect marking
| Jurisdiction | Penalty |
|---|---|
| EU | Fines under national unfair commercial practices legislation, product recalls |
| US | 10% customs penalty, refusal of entry, criminal prosecution for intent |
| UK | Trading Standards enforcement, fines, product recalls |
Common mistakes
- Using "Made in EU" when only final assembly took place in the EU without substantial transformation
- Confusing "Designed in [country]" with origin marking
- Forgetting that the US requires marking for virtually all imported goods
How PSRA helps
PSRA establishes non-preferential origin per product and indicates which marking obligations apply per destination market. The platform warns when the intended marking does not match the established origin and documents the substantiation for audit and enforcement purposes.
Related articles
- Preferential vs non-preferential: which origin regime when?: Learn the key differences between preferential and non-preferential origin and when each regime applies to your goods.
- Non-preferential origin rules: Last Substantial Transformation explained: Understand the Last Substantial Transformation criterion that determines non-preferential origin under EU law.
- Circumvention in origin law: anti-circumvention and anti-dumping: How anti-circumvention and anti-dumping rules intersect with origin determination and what it means for importers.
Related downloads
- Whitepaper: Preferentiele oorsprong zonder risico: ROSA, BOI, and REX guidance with checklist templates for first audit sprint.
- Comparison: manual origin workflows vs PSRA: Showcase traceability and workflow speed-up versus spreadsheet process.
Related definitions
- Non-preferential origin: Non-preferential origin determines the economic country of origin for anti-dumping, quotas, marking, and trade statistics — independent of trade agreements.
- BOI: BOI refers to a binding origin or information decision that provides legal certainty.
- Audit trail: An audit trail records who did what, based on which source data, and with what decision logic.
- HS classification: HS classification is the assignment of the correct goods code to a product based on characteristics and use.