Background

U.S. Secretary of State Antony Blinken has certified to Congress that Hong Kong still does not warrant differential treatment under U.S. law in the same manner as U.S. laws were applied to Hong Kong before July 1, 1997. As a result, the U.S. will continue to treat Hong Kong as part of China for purposes of various U.S. statutes, including those regulating U.S. export controls as well as country of origin marking requirements.

President Trump issued an executive order July 14, 2020, ending the United States’ special trade treatment of Hong Kong in response to China’s imposition of a new security law with respect to that special administrative region. The EO suspended different and preferential treatment for Hong Kong with respect to various U.S. statutes, including the Arms Export Control Act, the Export Control Reform Act of 2018, 19 U.S.C. 1304 (marking of imported articles and containers), section 103 of the Immigration Act of 1990, and section 721(m) of the Defense Production Act of 1950.

According to a State Department press release, over the past year China “has continued to dismantle Hong Kong’s high degree of autonomy, in violation of its obligations under the Sino-British Joint Declaration and Hong Kong’s Basic Law.” Blinken said he is committed to continuing to work with Congress and U.S. allies and partners around the world to address China’s policies and actions with respect to Hong Kong.

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