New Country of Origin Rules for imports from Hong Kong

We are sending out this eBlast to provide guidance on the new country of origin marking rules for goods produced in Hong Kong based on the President’s Executive Order (EO) on Hong Kong Normalization (EO 13936, dated July 14, 2020). This is a summary from CSMS #43633412.

On July 14, 2020, the President signed EO 13936 on Hong Kong Normalization. The EO suspends the application of section 201(a) of the United States-Hong Kong Policy Act of 1992, as amended (22 U.S.C. 5721(a)), to 19 U.S.C. 1304, Marking of imported articles and containers.  Appropriate actions must be commenced within 15 days (effective July 29, 2020) of the EO’s issue date.

This is applicable as of July 29, 2020. A transition period will be granted for importers to implement marking consistent with this position for imported goods produced in Hong Kong. Such goods, when entered or withdrawn from warehouse for consumption into the United States, after September 25, 2020 must be marked to indicate that their origin is “China” for purposes of 19 U.S.C. 1304.

Transition Period

CBP will grant a 45-day transition period, until September 25, 2020, in order to give the trade sufficient time to adjust to the new marking rules.  During this period, Personnel from the Ports of Entry and Centers of Excellence and Expertise (Centers) are directed to neither issue marking notices, nor take further enforcement actions on goods produced in Hong Kong for purposes of 19 U.S.C. 1304.  Centers should take measures to inform accounts of these new marking rules for Hong Kong set forth in the EO.

For further information please read:

The Federal Register Notice about Country of Origin Marking of Products of Hong Kong (https://www.govinfo.gov/content/pkg/FR-2020-08-11/pdf/2020-17599.pdf, August 11,2020)

The President’s Executive Order on Hong Kong Normalization(https://www.govinfo.gov/content/pkg/FR-2020-07-17/pdf/2020-15646.pdf ,July 14,2020)

1997 FR Hong Kong Customs 97-14662(https://www.govinfo.gov/content/pkg/FR-1997-06-05/pdf/FR-1997-06-05.pdf ,June 5,1997)

CSMS #43633412  https://content.govdelivery.com/bulletins/gd/USDHSCBP-299cb04?wgt_ref=USDHSCBP_WIDGET_2?utm_source=search.usa.gov&utm_medium=search.usa.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=447488135.1586183963?utm_source=search.usa.gov&utm_medium=search.usa.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=447488135.1586183963

We hope you find this information useful.

Regards,

Flegenheimer Team

NOTE: This information is current as of the date of this document, and is not, nor is it intended to be, legal advice. No amendment has been made to reflect changes in law, regulation, or policy that may have occurred since that date. You should not rely on this newsletter to decide on a legal course of action. If you would like legal advice, you need to ask your attorney.

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