US' Requirement on Origin Marking of Hong Kong Products

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' 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 Unless excepted from marking, goods produced in Hong Kong, which are entered or withdrawn from warehouse for consumption into the US after 25 September 2020 (subsequently extended to 9 November 2020), must be marked to indicate that their origin is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''. The US Customs published a set of FAQs to provide guidance and clarifications on marking of goods of Hong Kong under the requirements.

The HKSAR Government (HKSARG) strongly objects to the US' requirement on origin marking of Hong Kong products and formally:

• took issue with the US Government over the latter's requirement and requested that the requirement be withdrawn immediately; and
• launched procedures in accordance with the World Trade Organization (WTO) Dispute Settlement Mechanism with respect to the US' 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.

Please refer to HKSARG's press releases and HKSARG's communications to the WTO DSB Panel for details.

Commercial Information Circulars

Certificate of Origin Circulars