United States - Origin Marking Requirement

Communication from THE UNITED STATES

The following communication, dated 9 November 2020, was received from the delegation of the United States with the request that it be circulated to the Dispute Settlement Body (DSB).

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On October 30, 2020, the United States received a letter from Hong Kong, China, requesting consultations pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXII of the General Agreement on Tariffs and Trade 1994, Article 7 of the Agreement on Rules of Origin, and Article 14 of the Agreement on Technical Barriers to Trade (WT/DS597/1).

The consultations request concerns what Hong Kong, China, characterizes as "certain measures affecting marks of origin".  In the Executive Order identified by Hong Kong, China, in which the President of the United States suspended the application of section 201(a) of the United States-Hong Kong Policy Act of 1992 to section 1304 of title 19 of the United States Code, the President determined that the situation with respect to Hong Kong, China, constitutes a threat to the national security of the United States.

Without prejudice to whether the consultations request raises issues of national security not susceptible to review or capable of resolution by WTO dispute settlement, the United States accepts the request of Hong Kong, China, to enter into consultations.  We stand ready to confer with officials from your mission on a mutually convenient date for these consultations.