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.