United States – Origin Marking Requirement

Communication from Hong Kong, China

The following communication, dated 1 February 2023, was received from the delegation of Hong Kong, China with the request that it be circulated to the Dispute Settlement Body (DSB).

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Hong Kong, China has taken note of the United States' decision to appeal the Panel Report in United States – Origin Marking Requirement (WT/DS597/R and WT/DS597/R/Add.1), as notified to the Dispute Settlement Body and Hong Kong, China on 26 January 2023.

Given that the Appellate Body is currently not operational, Hong Kong, China considers that all subsequent procedural deadlines in the Working Procedures for Appellate Review are properly considered as suspended until further notice.  Hong Kong, China notes in this regard that the United States did not file an appellant submission in accordance with Rule 21(1) of the Working Procedures for Appellate Review.

Hong Kong, China reserves its full right to file its own appeal on issues of law and legal interpretation in the Panel Report in DS597 and to respond to the United States' appeal.  Hong Kong, China shall await the instructions of the Appellate Body in this respect.

Hong Kong, China is providing a copy of this note directly to the United States.