Update: Additional 45 Days for New Marking Rules for Goods Made in Hong Kong
September 2, 2020

Dear Valued Customer,

On July 14, 2020, the President signed Executive Order (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. 

The original requirements set forth are applicable as of July 29, 2020. An initial transition period was granted for importers to adhere to the designated marking rules consistent with the EO 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 Such goods, when entered or withdrawn from warehouse for consumption into the United States after September 25, 2020 must be marked to indicate that their origin is “China” for purposes of 19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.

UPDATE: CBP will grant an extension of 45 days in order to give the trade sufficient time to adjust to the new marking rules, prescribed in EO 13936. The original deadline was scheduled for September 25, 2020; now with the additional 45-day time period, the deadline is November 9, 2020. 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.

  • How does the marking rule affect the country of origin for purposes of assessing ordinary duties under Chap 1-97 of the Harmonized Tariff Schedule of the United States (HTSUS) or temporary or additional duties under Chapter 99 of the HTSUS?
    • The change in marking requirements 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. Therefore, 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.
    • Country of Origin Marking of Products of Hong Kong (85 FR 48551, August 11, 2020)
    • CBP – Guidance on Marking of Goods of Hong Kong – EO 13936Frequently Asked Questions
    • The President’s Executive Order on Hong Kong Normalization (85 FR 43413, July 14, 2020)
    • 1997 FR Hong Kong Customs 97-14662 (62 FR 30927, June 5, 1997)

EMO Trans will continue to monitor the situation and send updates when they become available. For additional questions or support, please contact your local EMO Trans office, as EMO Trans has a network of Licensed Customs Brokerage specialists available to assist with accomplishing your compliance goals.

Best regards,

Matthew Kmet
Corporate Customs Compliance Manager
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