United States - Origin marking requirement - Request for the establishment of a panel by Hong Kong, China

United States - Origin Marking Requirement

Request for the Establishment of a Panel by hong kong, china

The following communication, dated 14 January 2021, from the delegation of Hong Kong, China to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.





My authorities have instructed me to request the establishment of a panel with respect to certain measures affecting marks of origin imposed by the United States.

On 30 October 2020, Hong Kong, China requested consultations with the Government of the United States pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 7 of the Agreement on Rules of Origin, and Article 14.1 of the Agreement on Technical Barriers to Trade.  Consultations were held on 24 November 2020 with a view to reaching a mutually satisfactory solution.  Unfortunately, these consultations failed to resolve the dispute.

Therefore, Hong Kong, China submits this request pursuant to Articles 4.7 and 6 of the DSU, Article XXIII:2 of the GATT 1994, Article 8 of the Agreement on Rules of Origin, and Article 14.1 of the Agreement on Technical Barriers to Trade, and asks that the Dispute Settlement Body (DSB) establish a panel with standard terms of reference as set out in Article 7.1 of the DSU.

In the paragraphs to follow, Hong Kong, China identifies the measures at issue and provides a brief summary of the legal basis for its claims against those measures.