[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48551-48552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17599]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 20-15]


Country of Origin Marking of Products of Hong Kong

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document notifies the public that, in light of the 
President's Executive Order on Hong Kong Normalization, issued on July 
14, 2020, suspending the application of section 201(a) of the United 
States-Hong Kong Policy Act of 1992 to the marking statute, section 304 
of the Tariff Act of 1930, with respect to imported goods produced in 
Hong Kong, such goods may no longer be marked to indicate ``Hong Kong'' 
as their origin, but must be marked to indicate ``China.''

DATES: The position set forth in this document 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 Such goods, when entered or withdrawn from 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.

FOR FURTHER INFORMATION CONTACT: For legal matters, contact Yuliya 
Gulis, Chief, Food, Textiles and Marking Branch, Regulations and 
Rulings, Office of Trade, (202) 325-0042 or [email protected]. 
For policy matters, contact Margaret Gray, Chief, Trade Agreements 
Branch, Office of Trade, (202) 253-0927 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 304 of the Tariff Act of 1930 as amended (19 U.S.C. 1304), 
provides that, unless excepted, every article of foreign origin (or its 
container) imported into the United States shall be marked in a 
conspicuous place as legibly, indelibly, and permanently as the nature 
of the article (or its container) will permit, in such a manner as to 
indicate to the ultimate purchaser in the United States the English 
name of the country of origin of the article. Failure to mark an 
article in accordance with the requirements of 19 U.S.C. 1304 shall 
result in the levy of a duty of ten percent ad valorem. Part 134 of 
title 19 of the Code of Federal Regulations (19 CFR part 134), 
implements the country of origin marking requirements and exceptions of 
19 U.S.C. 1304.
    On June 5, 1997, the U.S. Customs Service (U.S. Customs and Border 
Protection's predecessor agency) issued a Federal Register notice that 
goods produced in Hong Kong should continue to be marked to indicate 
their origin as ``Hong Kong'' under 19 U.S.C. 1304 after Hong Kong's 
reversion to the sovereignty of the People's Republic of China (China) 
on July 1, 1997. See 62 FR 30927 (June 5, 1997).
    On July 14, 2020, the President issued Executive Order 13936 on 
Hong Kong Normalization. See 85 FR 43413 (July 17, 2020). Pursuant to 
section 202 of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5722), the President suspended 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 certain statutes, including 19 U.S.C. 1304, due to 
the determination that Hong Kong is no longer sufficiently autonomous 
to justify differential treatment in relation to China. The President 
ordered that, within 15 days of the Executive Order, appropriate 
actions must be commenced by relevant agencies, consistent with 
applicable law.
    Given the commercial realities, affected parties may need a 
transition

[[Page 48552]]

period to implement marking consistent with the position announced in 
this notice. Therefore, this document notifies the public that, unless 
excepted from marking, goods produced in Hong Kong, which are 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.

    Dated: August 6, 2020.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2020-17599 Filed 8-10-20; 8:45 am]
BILLING CODE 9111-14-P