On August 11, 2020, the US Customs and Border Protection (CBP) published a notification requiring that all goods produced in Hong Kong and entered or withdrawn from warehouse for consumption into the United States after September 25, 2020, must — under Section 304 of the Tariff Act of 19301 — be marked as a product of China. CBP's shift in policy is an outgrowth of President Trump's July 14, 2020, Executive Order on Hong Kong Normalization, which suspended Hong Kong's special trade status under section 201(a) of the United States-Hong Kong Policy Act of 1992.2

Significantly, CBP's notification does not reference whether goods produced in Hong Kong will become subject to Section 301 tariffs or antidumping/countervailing duties that are currently imposed by the United States on a broad spectrum of Chinese-origin goods. Although CBP's website still includes guidance that such tariffs do not apply to goods manufactured in Hong Kong, we anticipate additional guidance on this point from CBP or the USTR in the near future.

We will continue to monitor these, and related, developments closely and publish additional updates, as appropriate.

Footnotes

1   Section 304 of the Tariff Act of 1930 as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Failure to mark an article in accordance with the requirements of 19 U.S.C. 1304 shall result in the levy of a duty of ten percent ad valorem. Part 134 of title 19 of the Code of Federal Regulations (19 CFR part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.



Contact

Stefan H. Reisinger
Stefan H. Reisinger
Partner
Email
stefan.reisinger@nortonrosefulbright.com
T: +1 202 662 4512

Practice areas:

Industries:

Recent publications

workplace-with-people-in-walking-in-blurred-motion-in-modern-office-space_AdobeStock_714071973

Publication

US DOJ announces new white-collar enforcement plan

In a May 12, 2025 speech at the Securities Industry and Financial Markets Association’s AML and Financial Crimes Conference, the Head of the Criminal Division of the US DOJ, Matthew Galeotti, announced updates to the DOJ’s white-collar enforcement plan.

United States | May 22, 2025

White-collar crime
No Surprises Act: New FAQs shed light on IDR batching and air ambulance disputes

Publication

Suspension of enforcement of GME diversity and inclusion standards

The Board of Directors of the Accreditation Council for Graduate Medical Education announced that it is suspending enforcement of ACGME Institutional Requirement III.B.8, Common Program Requirement I.C. and related specialty/subspeciality requirements.

United States | May 22, 2025

Healthcare
Post-Dobbs changes to the ACGME program requirements for graduate medical education in obstetrics and gynecology

Publication

CMS proposes closing the “loophole” on Medicaid state directed provider tax payments

The Centers for Medicare & Medicaid Services has issued a proposed rule designed to strengthen the agency’s oversight of Medicaid state directed provider tax payments.

United States | May 21, 2025

Healthcare
Site search

Subscribe and stay up to date with the latest legal news, information and events . . .

Subscribe now