GOODS MADE IN HONG KONG MUST BE MARKED AS PRODUCTS OF CHINA

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Following the new security law for Hong Kong passed by China on June 30, 2020, President Trump issued Executive Order 13936 on July 14, 2020 stating in part that  “Hong Kong  is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China)” and that “it shall be the policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy, and economic interest of the United States”.

As a result, U.S. Customs will publish a notice in the Federal Register on August 11, 2020  to announce that unless goods are excepted from marking, if they are produced in Hong Kong, and they are entered or withdrawn from warehouse for consumption into the United States 45 days after the date of publication in the Federal Register, they must be marked to indicate that their origin is “China”.

The Hong Kong executive order pertains to the marking laws only, and it does not provide for new tariffs on goods from Hong Kong according to government sources.   However, the tariff treatment for Hong Kong could be affected in the future depending on the political situation. 

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