DISPUTE SETTLEMENT

DS: United States — Origin Marking Requirement

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Current status

 

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Key facts

 

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Hong Kong, China

On 30 October 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 9 November 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 13 November 2020, the Russian Federation requested to join the consultations. On 19 November 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.

 

Panel and Appellate Body proceedings

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

At its meeting on 22 February 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.

 

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