Is origin washing punishable by prison? The charges and thresholds behind the MJIB's 60 cases

Is origin washing punishable by prison?

It can be. The Investigation Bureau, Ministry of Justice (MJIB) announced on 2026-09-03 that, together with the Customs Administration, Ministry of Finance and the International Trade Administration, Ministry of Economic Affairs, it handled 60 origin-washing cases between August 1 and 28 (8/1–8/28), 2026, questioned 90 person-times, and found illegal exports worth NT$139,789,562. The cases were referred to 12 District Prosecutors Offices for investigation under Criminal Code Article 212 (forging special documents), Articles 215 and 216 (using documents containing false entries made in the course of business) and Article 255, paragraph 1 (falsely marking the country of origin). The alleged method: Chinese goods that had not undergone substantial transformation after import were marked MADE IN TAIWAN on the outer carton and shipped to the United States with a false 輸美國貨品原產地聲明書 (Declaration of Origin for Goods Exported to the U.S.). The statutory penalty for these offenses is imprisonment, criminal detention or a fine, and the heaviest is up to 3 years' imprisonment under Article 215. These cases are currently referred for investigation; they are not court judgments.

What does this page cover, and what does it not?

This page covers how Taiwan's enforcement agencies investigate origin washing, which criminal charges are involved, and how to mark origin when reselling goods from mainland China in Taiwan. For the definition of origin washing, the order of steps for determining origin on imports, and how to report suspected cases, see Rules of origin and origin washing. HowBridge only provides mainland China → Taiwan consolidation shipping (via the Shenzhen consolidation warehouse and the Taoyuan Dayuan operations warehouse). We do not handle exports, we do not handle goods shipped to the United States, and we do not offer relabeling or certificate-of-origin services.

What did the MJIB find in August 2026?

This was a joint operation by the MJIB's Maritime Affairs Investigation Division, the Customs Administration, Ministry of Finance, and the International Trade Administration, Ministry of Economic Affairs. The figures in the press release are:

ItemFigureNote
Investigation period2026-08-01 to 2026-08-28The press release gives the date in ROC year 115
Cases handled60 cases405 person-times mobilized
Questioned90 person-timesSuspects and related persons
Illegal export valueNT$139,789,562Amount as stated in the press release
Referred to12 District Prosecutors OfficesIncluding the Taiwan Taichung District Prosecutors Office
Published2026-09-03 15:10Public Affairs Office, Investigation Bureau, Ministry of Justice

Security surveillance and electronic equipment

One case involves a Hong Kong company owned by a Shenzhen security-industry group, which handled imports and exports of security surveillance products and electronic equipment. The MJIB stated that the industry association it belongs to is in practice supervised by government bodies such as China's Ministry of Public Security.

Optical transceiver modules

Optical transceiver modules made by a Shenzhen manufacturer were allegedly exported to the United States after only "preliminary processing." The MJIB explained that the chips and firmware in such products bear on data transmission security, and that if a backdoor were planted, it could cause critical infrastructure outages or denial-of-service attacks.

Transformers and control boxes

Power and automation control systems (TRANSFORMER, CONTROL BOX) made by companies in Shenzhen, Wenzhou, Shanghai, Changchun and elsewhere were allegedly marked MADE IN TAIWAN on shipping marks and outer cartons after import without having undergone substantial transformation, and exported to the United States with false declarations.

Other common items

The MJIB also found companies that allegedly took electronic cables and components, relays, chemical raw materials, electrical appliances, molds and machine-tool parts imported from China, relabeled the outer packaging MADE IN TAIWAN, and re-exported them to the United States.

Why does this page not name any companies?

The press release names several mainland Chinese companies, but the cases are still under investigation at prosecutors offices and no indictment or judgment has been issued yet. This page describes the methods by product type; please read the MJIB press release for the original text.

Which crimes are involved in origin washing, and what is the maximum sentence?

The 4 articles cited in the MJIB referrals are all in the Criminal Code of the Republic of China (Taiwan). The table lists the statutory maximum; the actual sentence is decided by the court case by case. Fine amounts are the current New Taiwan dollar amounts after the 2019-12-25 amendment:

ArticleOffenseElements (summary)Statutory penalty
Article 212Forging or altering special documentsForging or altering "special documents" such as passports or certificates, in a way likely to cause harm to the public or others. The MJIB referred cases under this article; the press release does not say which document it refers toUp to 1 year of imprisonment, criminal detention, or a fine of up to NT$9,000
Article 215Making false entries in business documentsApplies only to "a person engaged in a business": knowingly entering false matters in a document prepared in the course of business, in a way likely to cause harm to the public or othersUp to 3 years of imprisonment, criminal detention, or a fine of up to NT$15,000
Article 216Using forged documents or documents containing false entriesUsing the documents described above, for example attaching them when declaring an export to customsPunished according to Article 212 or Article 215
Article 255, paragraph 1Falsely marking the country of origin"With intent to deceive others," falsely marking or otherwise indicating the country of origin or quality of goodsUp to 1 year of imprisonment, criminal detention, or a fine of up to NT$30,000
Article 255, paragraph 2Selling falsely marked goodsKnowingly selling the goods in the preceding paragraph, displaying them for sale, or importing them from abroadSame as paragraph 1
Besides criminal liability, there are administrative penalties

Article 17 of the Foreign Trade Act prohibits exporters and importers from "failing to mark source identification or origin as required, or marking it falsely," and from "applying for trade permits or certificates by false means, or using such permits or certificates." For violations, Article 28 allows the International Trade Administration to issue a warning, impose a fine of NT$60,000 to NT$3,000,000, or suspend exports or imports for 1 month to 1 year; in serious cases it may also revoke the exporter/importer registration. The Foreign Trade Act provides only administrative penalties for false origin marking; criminal liability comes from the Criminal Code.

A referral is not a finding of guilt

These 60 cases have so far been referred by the MJIB to prosecutors offices for investigation. Whether a declaration counts as a "special document" under Criminal Code Article 212 is the view the MJIB took when making the referrals; we found no court judgment on this when we searched. Whether charges are ultimately filed, and which offense is established, will be decided by prosecutors and the courts.

When can Chinese parts processed in Taiwan be labeled Made in Taiwan?

Under Article 3 of the Regulations Governing Certificates of Origin and Certificates of Processing, exported goods may have Taiwan as their origin only if they are "wholly obtained or wholly produced" in Taiwan or undergo the "last substantial transformation" in Taiwan. Article 5 defines substantial transformation with two conditions, and meeting either one is enough:

On the left, cartons unloaded from a container at a port; in the middle, a robotic arm on a workbench changes only the marking on the outer carton to a different pattern; on the right, the relabeled cartons are about to board another cargo ship but are stopped by a golden shield and a magnifying glass, and a red warning lights up
Illustration: changing only the marking on the outer carton, without substantial processing, does not make goods Made in Taiwan.
TestConditionBasis
Change in tariff classificationThe processed or manufactured goods fall under a different customs import tariff heading from the raw materials at the first 6 digitsRegulations, Article 5, paragraph 1, subparagraph 1
Value-added ratioThe heading is unchanged, but the value-added ratio is above 35%, or specified goods have met a key manufacturing process announced by the International Trade AdministrationRegulations, Article 5, paragraph 1, subparagraph 2
How the value-added ratio is calculated(Export price of the goods, FOB − price of directly and indirectly imported raw materials and parts, CIF) ÷ export price of the goods, FOBRegulations, Article 5, paragraph 2
Does not count as substantial transformationPreservation operations needed for transport or storage; sorting, grading, repacking, packaging, adding marks or relabeling; assembly or mixing that makes no material difference; simple cutting, joining, fitting or assembly; testing, simple drying, dilution or concentrationRegulations, Article 5, paragraph 3
What you may mark if the test is not metYou may mark "processed in Taiwan" or the processing step, but the place of origin must be marked at the same time; for operations such as packaging or relabeling only, you may mark only the processing stepRegulations Governing Export of Commodities, Article 17
Document required for exports to the U.S.From 2025-05-07, when Taiwan-made goods bound for the United States are declared on a general export declaration (G3, G5, D5, B8, B9), a 輸美國貨品原產地聲明書 (Declaration of Origin for Goods Exported to the U.S.) must be attachedInternational Trade Administration announcement of 2025-04-24, document no. 1140652188
Worked example (hypothetical figures)

A control box has an export price of NT$1,000,000 (100 × 10,000) FOB, and the parts imported from mainland China cost NT$700,000 (70 × 10,000) CIF. The value-added ratio = (100 − 70) ÷ 100 = 30%, which does not exceed 35%. If the first 6 digits of the tariff code also do not change after processing, the product cannot be labeled Made in Taiwan.

Taiwan's threshold is not the U.S. determination

The 35% test and the first 6 digits are the criteria Taiwan applies on the export side; when goods enter the United States, U.S. Customs decides origin under U.S. rules. Research also notes that there is still no single global version of rules of origin.

Why is enforcement especially strict now?

The MJIB press release attributes the crackdown to the U.S.-China trade war: the United States imposes high tariffs on Chinese products, and origin washing and similar methods are used to route exports around them. Public documents related to these cases include:

We found no primary document confirming whether the 40% transshipment duty is still being enforced

Executive Order 14326 relies on the U.S. International Emergency Economic Powers Act (IEEPA) as its legal basis; on 2026-02-20 the U.S. Supreme Court held in Learning Resources, Inc. v. Trump (No. 24-1287) that IEEPA does not authorize the imposition of tariffs. Whether the 40% transshipment duty is still being enforced afterwards, we found no primary official U.S. document when we searched; please rely on U.S. Customs notices. We also found no official original text for the MJIB's references to "an average tariff of 32% to 40%" and to "new rules on optical transceiver modules being drafted by the U.S. Federal Communications Commission."

Can I label goods bought on Taobao or 1688 as Made in Taiwan when reselling them in Taiwan?

Not if you only repack, package or label them in Taiwan. The MJIB cases concern goods exported to the United States, but falsely marking the country of origin is just as unlawful for sales within Taiwan. Article 5 of the Commodity Labeling Act requires manufacturers, commissioning manufacturers, importers or repackers to label goods when they are circulated into the market, and Article 6 requires the place of origin to be marked. If you import or repack goods yourself from Taobao, 1688 or Pinduoduo, you are an importer or repacker and therefore bound by the labeling duty; under Article 13, a business that merely sells goods also may not sell or display goods that are not labeled as required:

ConductPossible liabilityBasis
Tearing off the "Made in mainland China" marking and attaching a Made in Taiwan labelUp to 1 year of imprisonment, criminal detention, or a fine of up to NT$30,000 (intent to deceive others is required)Criminal Code, Article 255, paragraph 1
Knowingly selling or displaying goods that have been relabeledSame as the row aboveCriminal Code, Article 255, paragraph 2
The origin marking on the goods is falseThe competent authority orders correction within a time limit; if not corrected by the deadline, a fine of NT$30,000 to NT$300,000, which may be imposed repeatedly; in serious cases a penalty may be imposed directly, and, where necessary, business may be suspended for up to 6 months or shut downCommodity Labeling Act, Articles 6, 9 and 16
A product page or advertisement says "Made in Taiwan" or "MIT" when the goods are ChineseFalse or misleading representation: a fine of NT$50,000 to NT$25,000,000; if not corrected by the deadline, a fine of NT$100,000 to NT$50,000,000 may be imposed repeatedlyFair Trade Act, Articles 21 and 42
False origin marking when declaring as an exporter or importerA warning, a fine of NT$60,000 to NT$3,000,000, or suspension of exports or imports for 1 month to 1 yearForeign Trade Act, Articles 17 and 28
What if I buy it only for my own use?

The Commodity Labeling Act governs goods "circulated into the market"; if you buy purely for your own use and do not resell, you are generally not a person bound by the labeling duty. Two points still apply: Criminal Code Article 255, paragraph 2 also punishes importing from abroad goods that one "knows" to be falsely marked as to origin, and this does not require selling; and whether the goods themselves may be imported from mainland China still depends on the import rules.

If I buy from China to resell, how do I mark origin correctly?

The sequence below is a self-check for ordinary goods bought in mainland China and sold in Taiwan:

1First confirm the goods may be imported from mainland China

Under Article 7 of the Regulations Governing Trade Permits between the Taiwan Area and the Mainland Area, mainland goods may not be imported in principle, except where exceptions such as announced permitted items apply. Check the CCC tariff code and the import regulations first.

2Declare the origin truthfully

Article 11 of the same Regulations provides that the import documents for permitted mainland goods must state "Made in mainland China" or an equivalent in a foreign language. Fill in the actual place of manufacture on both the consolidation declaration and the invoice for formal customs clearance.

3Keep the product's original origin marking

Do not tear off or cover the origin marking on the goods. When reselling, mark the origin under Article 6 of the Commodity Labeling Act, together with your name, address and service phone number as the importer in Taiwan.

4State the true origin on the product page

Do not write "Made in Taiwan," "MIT" or any wording that could lead people to think the goods were made in Taiwan. Repacking, packaging or labeling in Taiwan alone does not make goods Made in Taiwan.

5If you plan to process in Taiwan and then relabel, work out the threshold first

Confirm whether the first 6 digits of the tariff code change after processing, or whether the value-added ratio exceeds 35%. If you are unsure, check with the International Trade Administration, Ministry of Economic Affairs first; do not label first and sort it out later.

How is origin declared for goods shipped through HowBridge?

HowBridge only handles import consolidation from mainland China → Taiwan, the opposite direction from the export cases investigated here:

Planning to resell in Taiwan?

If goods shipped through us will be sold in Taiwan, the duty to mark origin lies with the seller. Please follow the steps in the previous section: keep the original origin marking and label origin truthfully.

What does research say about transshipment and tariff evasion?

The studies and reports below provide background. None of them concerns these cases or HowBridge, and most estimate from U.S. import data, so they cannot be applied directly to individual cases in Taiwan:

What do the common terms in origin-washing enforcement mean?

Origin washing
Claiming that the origin of foreign goods has changed after transshipment, relabeling or only simple processing, in order to evade tariffs or controls; official documents mostly call it "illegal transshipment" or "false origin marking."
Substantial transformation
After processing, the goods differ from the raw materials at the first 6 digits of the tariff code, or the value-added ratio exceeds 35% (or an announced key manufacturing process is met); mere relabeling or simple assembly does not count.
Value-added ratio
(Export price, FOB − price of directly and indirectly imported raw materials and parts, CIF) ÷ export price, FOB.
Declaration of Origin for Goods Exported to the U.S.
A declaration that, under an International Trade Administration announcement, must be attached from 2025-05-07 when Taiwan-made goods bound for the United States are declared on a general export declaration, in which the exporter states that the origin meets Taiwan's requirements.
Special documents
Under Criminal Code Article 212: passports, travel permits, licenses, special permits, and certificates or letters of introduction relating to conduct, ability, service or the like.
Making false entries in business documents
Criminal Code Article 215: a person engaged in a business knowingly enters false matters in a document prepared in the course of business, in a way likely to cause harm to the public or others.
Shipping marks
The transport markings on the outer carton, often printed with the product name, carton number and place of origin.
Referred for investigation
The investigating agency sends the case to a District Prosecutors Office, and the prosecutor decides whether to file charges; it is not a judgment.

What are the sources and the limits of verification?

The sources below were consulted on 2026-10-13. Document dates are shown separately from the consultation date, and no date is supplied where none is stated.

Government and official primary sources

Research literature and international reports

Exports in Disguise?: Trade Rerouting during the US–China Trade War

Ebehi Iyoha; Edmund Malesky; Jaya Wen; Sung-Ju Wu · 2025 · Centre for Inclusive Trade Policy (CITP) Working Paper(前身為 Harvard Business School Working Paper 24-072) · No. 022 (April 2025)

The share of Vietnam's exports to the United States classified as transshipment varies widely with the measurement method: 16.5% at the country level versus only 1.7% at the firm level (2021). A reminder to check how any transshipment figure is defined.

The China Wash: Tracking Products to Identify Tariff Evasion Through Transshipment

Caroline Freund · 2025 · UC San Diego School of Global Policy and Strategy (GPS), Center for Commerce and Diplomacy policy brief · January 2025

Identifies transshipment from HS 6-digit product flows: transshipment through Vietnam peaked at about 7.5% of Vietnam's exports to the United States in 2020, concentrated in machinery and electrical and electronic goods.

Is US trade policy reshaping global supply chains?

Caroline Freund; Aaditya Mattoo; Alen Mulabdic; Michele Ruta · 2024 · Journal of International Economics(早期版本:World Bank Policy Research Working Paper 10593, 2023) · Vol. 152, Article 104011 · DOI 10.1016/j.jinteco.2024.104011

U.S. tariffs cut China's share of U.S. imports from 22% to 16%, but the countries that replaced China rely more on Chinese supply chains in strategic industries.

The US-China Trade War and Global Reallocations

Pablo Fajgelbaum; Pinelopi Goldberg; Patrick Kennedy; Amit Khandelwal; Daria Taglioni · 2024 · American Economic Review: Insights · Vol. 6, No. 2, pp. 295–312 · DOI 10.1257/aeri.20230094

The trade war led many "bystander countries" to increase exports to markets other than the United States and China as well, so the shift is not all transshipment.

Global Supply Chains: The Looming "Great Reallocation"

Laura Alfaro; Davin Chor · 2023 · NBER Working Paper · No. 31661 (September 2023) · DOI 10.3386/w31661

China's share of U.S. imports fell from 21.6% in 2017 to 16.5% in 2022; Vietnam's rose by about 2 percentage points, and Taiwan also had a smaller increase.

Tax Rates and Tax Evasion: Evidence from "Missing Imports" in China

Raymond Fisman; Shang-Jin Wei · 2004 · Journal of Political Economy · Vol. 112, No. 2, pp. 471–496 · DOI 10.1086/381476

Measured by the gap between Hong Kong's and China's trade declarations: each 1 percentage point increase in the tax rate raises evasion by about 3%.

Outsourcing Tariff Evasion: A New Explanation for Entrepôt Trade

Raymond Fisman; Peter Moustakerski; Shang-Jin Wei · 2008 · The Review of Economics and Statistics(NBER WP 12818, 2007) · Vol. 90, No. 3, pp. 587–592 · DOI 10.1162/rest.90.3.587

The share of goods re-exported to China through Hong Kong rises with Chinese tariffs, suggesting entrepôt ports may be used to avoid tariffs.

The rise and fall of (Chinese) African apparel exports

Lorenzo Rotunno; Pierre-Louis Vézina; Zheng Wang · 2013 · Journal of Development Economics · Vol. 105, pp. 152–163 · DOI 10.1016/j.jdeveco.2013.08.001

When the United States imposed quotas on Chinese apparel, transshipment was estimated at about 22% of African apparel exports in 2001–2008, and exports fell once the incentive disappeared.

From Final Goods to Inputs: The Protectionist Effect of Rules of Origin

Paola Conconi; Manuel García-Santana; Laura Puccio; Roberto Venturini · 2018 · American Economic Review · Vol. 108, No. 8, pp. 2335–2365 · DOI 10.1257/aer.20161151

Rules of origin themselves have a protectionist effect: NAFTA's rules of origin markedly reduced member countries' imports of intermediate goods from outside the area.

中美貿易戰-中美關稅戰對臺灣的貿易移轉效果分析(Analysis of the Trade Diversion Effects of the China-U.S. Tariff War on Taiwan)

陳嘉珮(Chen, Jia-Pei) · 指導教授 蔡致遠 · 2025 · 國立政治大學商學院國際經營與貿易學系 碩士論文 · 113 學年度

During the trade war, Taiwan saw some order shifting in electronics and intermediate goods, but its dependence on intermediate goods imported from China did not weaken.

非優惠性原產地規則之調和-兼論原產地規則於反傾銷反規避之運用(The harmonization of non-preferential rules of origin as well as the application for the anti-circumvention cases under the antidumping measures)

劉芳祝(Liu, Fang-Chu) · 指導教授 許耀明 · 2015 · 國立政治大學法學院碩士在職專班 碩士論文 · 103 學年度,171 頁

Harmonization of the WTO's non-preferential rules of origin has stayed unfinished after 20 years because the 94 core issues could not be agreed; the United States prefers a change in tariff classification, the EU prefers a value-added ratio.

出席 APEC 原產地規則相關議題工作坊報告書

李一鑫(行政院經貿談判代表辦公室 國際經貿專業諮詢師) · 2025 · 行政院所屬各機關出國報告(國發會公務出國報告資訊網) · 系統號 C11401424;報告日期 114 年 8 月 20 日

Sets out the tests for substantial transformation: changes in tariff classification come at the 2-digit (CC), 4-digit (CTH) and 6-digit (CTSH) levels, with CC the strictest and CTSH the loosest.

Limits of verification

The facts and figures follow the MJIB press release of 2026-09-03. The cases are still under investigation; this page draws no conclusion about any individual case and does not name the companies mentioned. Statutes follow the Laws & Regulations Database as of 2026-10-02. The number of penalty decisions and the heavier per-declaration fine announced by the Ministry of Economic Affairs on 2026-09-07, and the current fine schedule under the International Trade Administration's disposition guidelines, are not covered here because we did not obtain the official original text. We found no primary document on the current effect of the 40% U.S. transshipment duty or on the U.S. Federal Communications Commission rules for optical transceiver modules. This page is not legal advice; for individual cases, consult a lawyer or the competent authority.

What are the common questions about origin-washing enforcement?

Is origin washing punishable by prison?

It can be. The 60 cases announced by the MJIB on 2026-09-03 were referred to 12 District Prosecutors Offices under Criminal Code Articles 212, 215, 216 and 255, paragraph 1; the heaviest statutory penalty is up to 3 years' imprisonment under Article 215. They are currently referred for investigation, not judgments.

How many cases did the MJIB handle this time?

From 2026-08-01 to 08-28 it handled 60 cases, mobilized 405 person-times and questioned 90 person-times, with illegal exports worth NT$139,789,562.

What is the penalty under Criminal Code Article 255?

Falsely marking or otherwise indicating the country of origin or quality of goods with intent to deceive others is punishable by up to 1 year of imprisonment, criminal detention, or a fine of up to NT$30,000; knowingly selling, displaying for sale, or importing from abroad carries the same penalty.

Can I label goods assembled in Taiwan from Chinese parts as MADE IN TAIWAN?

It depends on whether substantial transformation is met: after processing, the first 6 digits of the tariff code change, or the value-added ratio exceeds 35% (or an announced key manufacturing process is met). Simple assembly and relabeling do not count. If it is not met, you may mark "processed in Taiwan" or the processing step, together with the place of origin; for operations such as packaging or relabeling only, you may mark only the processing step.

What is the Declaration of Origin for Goods Exported to the U.S.?

It is a declaration that, under an International Trade Administration announcement, must be attached from 2025-05-07 when Taiwan-made goods bound for the United States are declared on a general export declaration (G3, G5, D5, B8, B9); violations are handled under the Foreign Trade Act, and those suspected of violating criminal law are referred for prosecution.

Can I write Made in Taiwan on the product page for goods I bought on Taobao and sell in Taiwan?

No. It may violate Criminal Code Article 255, and it also violates Article 9 of the Commodity Labeling Act (the competent authority orders correction within a time limit, and if not corrected by the deadline a fine of NT$30,000 to NT$300,000 is imposed under Article 16) and Article 21 of the Fair Trade Act (a fine of NT$50,000 to NT$25,000,000).

If I buy something only for my own use, do I still have to mark its origin?

The Commodity Labeling Act governs goods circulated into the market; if you buy purely for your own use and do not resell, you are generally not a person bound by the labeling duty. But Criminal Code Article 255, paragraph 2 punishes importing from abroad goods one "knows" to be falsely marked as to origin, and this does not require selling; whether the goods may be imported from mainland China also still depends on the import rules.

Can HowBridge relabel my goods or issue a certificate of origin?

No. HowBridge only provides mainland China → Taiwan import consolidation. We do not handle exports and do not offer relabeling, replacement of outer-carton markings, or certificate-of-origin services.

Can I report someone for origin washing?

Yes. The MJIB tip-off hotline is 0800-007-007; false origin marking can also be reported to the International Trade Administration, Ministry of Economic Affairs. Under Article 6 of the Regulations for Handling Reports of and Rewards for False Origin Marking by Exporters and Importers, once a report is verified and the penalty becomes final, the reward is 20% of the fines actually collected, capped at NT$1,800,000 per year.

What does origin washing mean?

It means claiming that the origin of foreign goods has changed after transshipment, relabeling or simple processing, in order to evade tariffs or controls. For the full definition, the order of steps for determining origin on imports and the penalties, see Rules of origin and origin washing.

Shipping from mainland China to Taiwan? Just declare truthfully

When you create a shipping order in the Member Center, fill in the product name, quantity and price truthfully; for goods you plan to resell, keep and truthfully mark the origin.

Go to Member Center

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