Thread on the #HongKong decertification EO and suspending special treatment under section 1304 of title 19, United States Code 👇 1/7
Current CBP policy about labeling with Hong Kong was that Hong Kong could have products say "Made in Hong Kong" so long as the content fell in line with the law. This was the policy prior to the handover and following the handover. 2/7
Despite this policy, many products labeled "Made in Hong Kong" were actually not recognized as such by CBP due to transshipment, circumvention, and other policies that allow CBP to determine origin of imports. 3/7
Today many goods imports from Hong Kong are actually recognized as "Made in China." The suspension of special treatment under section 1304 of title 19 just formalizes existing practices and reduces the need for bureaucrats to file paperwork to prove it. 4/7
The most interesting question here is related to any retaliatory actions that Hong Kong could take now that this policy change has been made. Presumably they could file a WTO case...which comes with its own challenges due to status of the Appellate Body. 5/7
At the same time...is it really in Hong Kong's interest to retaliate? Moreover, would it be Hong Kong or Beijing (by coercion or intervention) making the retaliation decision? 6/7
Last thing not related to HK...but it is my understanding that the decertification process allows POTUS to unilaterally reverse federal regulations about special treatment. Any other laws allow things like this rather than requiring ADA process? 7/7
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