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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
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Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : EIC 111/2/11
EIC 111/3
CR EIC 111/1/25

24 August 2020

Dear Sirs,

Commercial Information Circular No. 649/2020

US : Extension of Transition Period for Compliance with Marking of Goods of Hong Kong from 25 September 2020 to 9 November 2020

The United States Customs and Border Protection (USCBP) issued on 21 August 2020 a Cargo Systems Messaging Service (CSMS) notice announcing the extension of transition period for compliance with the marking of goods of Hong Kong, specifically from 25 September 2020 to 9 November 2020, in order to allow importers ample time to comply with the requirements for goods produced in Hong Kong to be appropriately marked with the origin of "China".

DETAILS

2.On 14 July 2020, the US President issued an Executive Order (EO) on Hong Kong Normalization. Among others, the President suspended the application of section 201 (a) of the United States-Hong Kong Policy Act of 1992, as amended, to certain statutes, including the marking statutes (section 304 of the Tariff Act of 1930 as amended).

3.On 11 August 2020, the USCBP posted an FR notice to announce that, in light of the US President's Executive Order on Hong Kong Normalization of 14 July 2020, 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 Unless excepted from marking, goods produced in Hong Kong, which are entered or withdrawn from warehouse for consumption into the United States after the end of the transition period on 25 September 2020 (US time), must be marked to indicate that their origin is "China". On 12 August 2020, the USCBP published a set of Frequently Asked Questions (FAQs) to provide guidance on marking of goods of Hong Kong under the new requirement. For details, please refer to Commercial Information Circulars No. 623/2020 and 626/2020 dated 11 August 2020 and 13 August 2020 respectively.

4.On 21 August 2020, the USCBP issued a CSMS notice #43729326 announcing the extension of transition period for compliance with the marking of goods of Hong Kong, specifically from 25 September 2020 to 9 November 2020, in order to allow importers ample time to comply with the requirements for goods produced in Hong Kong to be appropriately marked with the origin of "China".

5.The CSMS notice also reinstates that the new marking requirement does not affect country of origin determinations for purposes of assessing ordinary duties under Chapters 1-97 of the HTSUS or temporary or additional duties under Chapter 99 of the HTSUS. Entry summary procedures also have not changed. Filers should continue to file their entry summaries and submit payments for applicable duties, taxes and fees in accordance with current regulations and policies. Accordingly, goods that are products of Hong Kong should continue to report International Organization for Standardization (ISO) country code "HK" as the country of origin when required.

6.Please note that export from Hong Kong to economies other than the US is not affected by the US rule and should be marked "Made in Hong Kong" appropriately if the goods is qualified for such.

7.For further details, please refer to the relevant notices issued by the USCBP:-

  • CSMS #43729326 - Additional 45-day Compliance Period for New Marking Rules for Goods Made in Hong Kong (21 August 2020):
    https://content.govdelivery.com/bulletins/gd/USDHSCBP-29b41ae?wgt_ref=USDHSCBP_WIDGET_2
  • FAQs - Guidance on Marking of Goods of Hong Kong (12 August 2020):
    https://www.cbp.gov/trade/rulings/frequently-asked-questions-guidance-marking-goods-hong-kong-executive-order-13936
  • FR notice - Requirement for Country of Origin Marking for Products of Hong Kong (11 August 2020):
    https://www.govinfo.gov/content/pkg/FR-2020-08-11/pdf/2020-17599.pdf

8.The position of the Government of Hong Kong Special Administrative Region concerning the marking of origin can be found in the following press release issued on 11 August 2020:-

https://www.info.gov.hk/gia/general/202008/11/P2020081100732.htm

ENQUIRIES

9.For enquiries concerning the content of this circular, please contact Miss K Y HO at telephone number 2398 5405.

Yours faithfully,

(Miss Ivy TAM)
for Director-General of Trade and Industry

Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.