|
One-stop service platform by the Trade and Industry Department on US' trade restrictive measures and trade conflict between the US and the Mainland:
Tel: 2398 5405; Email: acr_reg@tid.gov.hk |
US' Requirement on Origin Marking of Hong Kong Products
[Traders are reminded that export from Hong Kong to economies other than the US is not affected by the US' new requirement and should be marked "Made in Hong Kong" appropriately if the goods is qualified for such.]
In light of the US President's Executive Order on Hong Kong Normalization issued on 14 July 2020, the US Customs and Border Protection (US Customs) announced on 11 August 2020 that imported goods produced in Hong Kong may no longer be marked to indicate "Hong Kong" as their origin, but must be marked to indicate "China". Unless excepted from marking, goods produced in Hong Kong, which are entered or withdrawn from warehouse for consumption into the US after 25 September 2020 (subsequently extended to 9 November 2020), must be marked to indicate that their origin is ''China''.
On 12 August 2020, the US Customs published a set of FAQs to provide guidance on marking of goods of Hong Kong under the new requirements. Among others, the FAQs provide clarifications on the following:
- Imported goods that are produced in Hong Kong that are entered, or withdrawn from warehouse, for consumption into the US after the transition period (25 September 2020, subsequently extended to 9 November 2020) must be marked to indicate that their origin is "China".
- Goods that are not marked properly / improperly or falsely marked after the transition period may be brought into a Foreign Trade Zone to be properly marked under a permit to manipulate issued by the Port Director.
- The change in marking requirements does not affect country of origin determinations for purposes of assessing ordinary duties under Chapters 1-97 of the Harmonized Tariff Schedule of the United States (HTSUS) or temporary or additional duties under Chapter 99 of the HTSUS.
- Goods that are products of Hong Kong should continue to report ISO country code "HK" as the country of origin. Entry summary procedures have not changed. Filers should continue to file their entry summaries and duty payments according to current regulation and policy. There is no change with regard to the Outward Processing Arrangements (OPA).
The HKSAR Government (HKSARG) strongly objects to the US' new requirement on origin marking of Hong Kong products. On 30 October 2020, the HKSARG formally launched procedures in accordance with the World Trade Organization (WTO) Dispute Settlement Mechanism with respect to the US' new requirement. On 21 December 2022, the WTO Dispute Settlement Body (DSB) Panel ruled that the origin marking requirement imposed on Hong Kong products by the US is inconsistent with WTO rules.
Further details are available at:
Response of the HKSAR Government
Commercial Information Circulars
Certificate of Origin Circulars
WTO Dispute Settlement Body
Response of the HKSAR Government
The HKSARG strongly objects to the US' new requirement on origin marking on Hong Kong products and has taken the following actions:
16 September 2020 - formally took issue with the US Government over the latter's new requirement and requested that the requirement be withdrawn immediately.
30 October 2020 - officially launched dispute settlement procedures in accordance with World Trade Organization (WTO) mechanism on the US' new requirement on origin marking.
25 January 2021 - made the first request to the WTO Dispute Settlement Body (DSB) at its meeting on 25 January 2021 to establish a panel to consider the dispute in accordance with the WTO Dispute Settlement Mechanism. On 22 February 2021, DSB agreed to establish a "panel" to consider the subject dispute.
28 May 2021 - filed the first written submission to the Panel established under the WTO DSB to consider the dispute raised by Hong Kong with respect to the violation of WTO rules by the requirement of the US on origin marking for Hong Kong products.
- Hong Kong, China's first written submission (redacted)
- Summary of Hong Kong, China's first written submission
31 August 2021 - Hong Kong, China's (HKC) opening statement at the Panel's first substantive meeting with the Parties.
15 September 2021 - HKC's closing statement at the Panel's first substantive meeting with the Parties.
14 October 2021 - HKC's response to written questions (redacted) from the Panel after the first substantive meeting.
11 November 2021 - HKC's second written submission (redacted) to the Panel.
9 February 2022 - HKC's opening statement (redacted) at the Panel's second substantive meeting with the Parties.
11 February 2022 - HKC's closing statement at the Panel's second substantive meeting with the Parties.
28 February 2022 - HKC's response to written questions (redacted) from the Panel after the second substantive meeting.
14 March 2022 - HKC's comments on the US' responses to written questions (redacted) from the Panel after the second substantive meeting.
3 May 2022 - integrated executive summary of HKC's written submissions and oral statements (redacted).
21 December 2022 - welcomed the Panel's ruling that the US' origin marking requirement is inconsistent with WTO rules.
1 February 2023 - HKC's communication to the WTO DSB in response to the US' appeal.
29 April 2023 - strongly objects to the remarks made by the US at the WTO DSB meeting.
Commercial Information Circulars
| Circular No. | Date of Issue | Title |
|---|---|---|
| 649/2020 | 24.08.2020 | Extension of Transition Period for Compliance with Marking of Goods of Hong Kong from 25 September 2020 to 9 November 2020 |
| 626/2020 | 13.08.2020 (updated on 16.10.2020) |
Guidance on Marking of Goods of Hong Kong |
| 623/2020 | 11.08.2020 | Requirement for Country of Origin Marking for Products of Hong Kong |
Certificate of Origin Circulars
| Circular No. | Date of Issue | Title |
|---|---|---|
| 6/2020 | 06.11.2020 | Certificate of Hong Kong Origin Special Declaration Requirement for Export of Goods to the US |
Government Press Releases
Other Useful Information
|
US Customs and Border Protection (US Customs)
|