Customs will be publishing a Federal Register notice which requires all goods produced in Hong Kong to be marked “Made in China”.

Based upon a determination that Hong Kong is no longer sufficiently autonomous to justify differential treatment in relation to China and pursuant to a recent Executive Order issued by President Trump, CBP has announced its intent to issue a Federal Register notice which requires all goods produced in Hong Kong to be marked “Made in China” effective for goods imported on or after September 25, 2020.  CBP is permitting a 45 day transition period to deal with the “commercial realities” of the remarking announcement.  Here is a link to the notice scheduled to be published tomorrow.  https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-17599.pdf

It is not clear at this time whether the goods subject to this marking directive will also be subject to Section 301 duties and Antidumping or Countervailing duties assessed on goods made in China.  We anticipate that additional guidance will be issued by the United States Trade Representative and the Commerce Department.

We will keep everyone informed.  If you have any questions or require any further information, please do not hesitate to contact any of our attorneys.