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Origin Marking Requirement


Status: Pending

Subject: GATT 1994, Rules of Orgin, TBT Agreement,

Respondent: United States

Complainant(s): Hong Kong,

Third Parties: Brazil, Canada, China, European Union, Norway, Russian Federation, Switzerland, Turkey, Ukraine, Japan, Korea, India, Singapore,

Dispute Number: DS597

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds597_e.htm



On October 30, 2020, Hong Kong, China requested consultations with the United States regarding certain measures concerning the origin marking requirement applicable to goods produced in Hong Kong, China.

Hong Kong, China claimed that measures appear to be inconsistent with:

  • Articles I:1, IX:1 and X:3(a) of the GATT 1994;
  • Articles 2(c), 2(d) and 2(e) of the Agreement on Rules of Origin; and
  • Article 2.1 of the TBT Agreement.
     

On November 9, 2020, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States was willing to enter into consultations with Hong Kong, China, without prejudice to the US view that the measures imposed by the United States concern issues of national security not susceptible to review or capable of resolution by WTO dispute settlement.

On November 13, 2020, the Russian Federation requested to join the consultations. On November 19, 2020, the United States requested the Chair of the DSB to circulate to Members a communication where it rejected the Russian Federation's request to join the consultations.

On January 14, 2021, Hong Kong, China requested the establishment of a panel. At its meeting on January 25, 2021, the DSB deferred the establishment of a panel.

At its meeting on February 22, 2021, the DSB established a panel. Brazil, Canada, China, the European Union, India, Japan, Korea, Norway, the Russian Federation, Singapore, Switzerland, Turkey and Ukraine reserved their third-party rights.
 

Panel Proceedings
Brief Date Brief Description
05/03/2022 U.S. Integrated Executive Summary
03/14/2022 U.S. Comments on Hong Kong, China Answers to Questions from the Panel Following the Second Videoconference with the Parties
02/28/2022 U.S. Answers to Questions from the Panel Following the Second Videoconference with the Parties
02/11/2022 Closing Statement of the United States at the Panel’s Second Videoconference with the Parties
02/09/2022 Opening Statement of the United States at the Panel’s Second Videoconference with the Parties
11/11/2021 U.S. Second Written Submission 
10/14/2021 U.S. Answers to First Set of Questions from the Panel
09/15/2021 U.S. Closing Statement at the Panel's First Videoconference with the Parties
08/31/2021 U.S. Opening Statement at the Panel’s First Videoconference with the Parties
07/02/2021 U.S. First Written Submission
05/07/2021 U.S. Letter Request to Hong Kong, China Regarding Open Meetings and Non-Confidential Summaries