US – Origin Marking Requirement: Did the WTO Panel Get the Balance Right between Trade Security and National Security?
Author: Hitoshi Nasu
On 21 December 2022, the WTO Dispute Settlement Panel ruled against the United States (US) on the product labeling requirement for all goods from Hong Kong to be marked “China” as their country of origin. This requirement came from the executive order that then US President Donald Trump signed on 14 July 2020 by suspending the application Section 201(a) of the United States-Hong Kong Policy Act of 1992 (which affirmed the continued application of US laws with respect to Hong Kong) to the customs statute (19 USC §1304), among other things. The product labeling requirement was adopted in response to…