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New U.S. Country of Origin Marking Requirement on Goods Produced in Hong Kong

SafeGuardSSoftlines, Hardgoods, Electrical & ElectronicsAugust 25, 2020

U.S. Customs and Border Protection (CBP) issued a Federal Register notice on August 11, 2020, requesting country of origin marking on all goods produced in Hong Kong to be labelled “Made in China”. This rule will be effective on November 9, 2020.

The U.S. Customs and Border Protection, Department of Homeland Security published a Federal Register notice August 11 on Country of Origin Marking of Products of Hong Kong, in light of President Trump’s Executive Order 13936 on Hong Kong Normalization. The new marking rule in the CBP document requires products produced in Hong Kong to be marked as “Made in China” when they are entered or withdrawn from warehouse for consumption into the US market. This new country of origin marking rule originally set to take effect on September 25, 2020 now permits an additional 45-day transition period from its publication.

The new CBP rule only applies to marking requirements under 19 U.S.C. 1304. It 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 (UTSUS) or temporary or additional duties under Chapter 99 of the HTSUS. Entry summary procedures have not changed and there is no change on Hong Kong origin goods that qualify with regard to the Outward Processing Arrangements (OPA). Additional Section 301 China duties will not be assessed on these products either.

For more details of this Federal Register and its explanations, please refer to the below references.

Federal Register – U.S. Customs and Border Protection
Guidance on Marking of Goods of Hong Kong FAQ
Updated Notice from U.S. Customs and Boarder Protection

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