The BOC Blast 372 – Hong Kong Normalization – Transition Period Extended through November 9, 2020. Executive Order 13936

Hong Kong Normalization – Transition Period Extended through November 9, 2020. Executive Order 13936

This notice is to inform the trade that the 45-day transition period for compliance with the President’s Executive Order (EO) on Hong Kong Normalization has been extended for an additional 45 days through November 9, 2020.   Additionally, this notice updates the guidance provided in CSMS# 43633412, issued August 11, 2020.

Background

On July 14, 2020, the President issued Executive Order 13936 dealing with Hong Kong Normalization, and suspended, among other things, the application of section 201(a) of the United States-Hong Kong Policy Act of 1992 to certain statutes, including 19 U.S.C. 1304.  On August 11, 2020, CBP issued a notice in the Federal Register (85 FR 48551) notifying the public that, unless excepted from marking, goods produced in Hong Kong must be marked to indicate that their origin is “China” for purposes of 19 U.S.C. 1304.  The position set forth in the notice became applicable as of July 29, 2020; however, CBP granted a transition period until September 25, 2020 for importers to implement marking consistent with the notice.

Additional 45 days for informed compliance

In an effort to allow importers ample time to comply with EO requirements for goods produced in Hong Kong to be appropriately marked with the origin of “China”, CBP is extending the transition period for an additional 45 days, through November 9, 2020.  During this period, CBP personnel from the Ports of Entry and Centers of Excellence and Expertise (Centers) should not take any enforcement actions (i.e., marking notices, marking penalties, etc.) on goods produced in Hong Kong for purposes of 19 U.S.C. 1304.  Centers and Ports of Entry should take measures to inform accounts and importers of these new marking rules for Hong Kong set forth in the EO.

This 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.  Entry summary procedures also have not changed.  Given that this new rule only applies to marking requirements under 19 U.S.C. 1304, filers should continue to file their entry summaries and submit payments for applicable duties, taxes and fees in accordance with current regulations and policies.

Should you have any questions regarding this notice, please contact the Trade Agreement Branch at fta@dhs.gov

Related documents:

  • GUIDANCE: New Marking Rules for Goods Made in Hong Kong – Executive Order 13936 (CSMS #43633412, August 11, 2020)
  • FAQ – Guidance of Marking of Goods of Hong Kong – EO 13936
  • Country of Origin Marking of Products of Hong Kong (85 FR 48551, August 11, 2020)
  • 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)