Background

U.S. Customs and Border Protection is giving importers an additional 45 days to come into compliance with a labeling change for goods made in Hong Kong.

 

19 USC 1304 requires articles of foreign origin to be marked so as to indicate to purchasers the country of origin of imported goods. Pursuant to a July 14 executive order, CBP announced the suspension of the application of section 201(a) of the U.S.-Hong Kong Policy Act of 1992, under which the U.S. continued to treat Hong Kong as a separate customs territory after it reverted to Chinese control in July 1997, to 19 USC 1304. As a result, unless excepted from marking, goods produced in Hong Kong will have to be marked to indicate China, rather than Hong Kong, as their country of origin.

 

CBP had previously granted importers a 45-day transition period for this change, which was to have taken effect Sept. 25. However, “in an effort to allow importers ample time to comply,” CBP has now extended this transition period through Nov. 9.

 

CBP states that during this period agency personnel from the ports of entry and Centers of Excellence and Expertise should not take any enforcement actions (marking notices, marking penalties, etc.) on goods produced in Hong Kong for purposes of 19 USC 1304 but instead should take measures to inform importers and accounts of the new marking rules.

 

CBP reiterates that this change in marking requirements does not affect country of origin determinations for purposes of assessing ordinary duties under HTSUS Chapters 1-97 or temporary or additional duties (including Section 301 tariffs on goods from China) under Chapter 99. Entry summary procedures also have not changed. Given that this change only applies to marking requirements under 19 USC 1304, CBP states, filers should continue to file their entry summaries and submit payments for applicable duties, taxes, and fees in accordance with current regulations and policies.

 

For more information, please contact Elise Shibles at (415) 490-1403 or Larry Ordet at (305) 894-1003.

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