CBP has reclassified certain non-slip pads as other articles of plastic under HTSUS 3926.90.99 (5.3 percent duty) rather than as other plastic sheets under HTSUS 3921.12.11 (4.2 percent duty), 3921.12.15 (6.5 percent duty) and 3921.12.19 (5.3 percent duty).
The European Parliament voted in plenary in the last week of April 2024 to adopt new measures which will make packaging more sustainable. The measures are also aimed at reducing packaging waste in the EU. The approved text, which is in the form of an EU Regulation that will have to be directly applied accross all Member States in a harmonised fashion, aims to tackle constantly growing waste and boost the circular economy. Hong Kong sellers of all types of goods using packaging should be aware that the measures cover the full lifecycle of packaging.
The U.S. Court of International Trade ruled on 10 April that certain notebooks containing calendars are properly classified as diaries under HTSUS 4820.10.2010, which is a duty-free provision but faces Section 301 tariffs.
On 4 March 2025, the European Parliament and Council of the EU agreed on measures that will cover the full lifecycle of packaging, with a view to reducing packaging and packaging waste within the EU. Hong Kong sellers of all types of goods placed in packaging will also see restrictions imposed on certain packaging formats, pursuant to the agreed legal text. A ban on PFAS (“forever chemicals”) is also foreseen in food contact packaging.
As part of a continuous effort to gradually phase out the use of hazardous chemicals in the U.S. market, the U.S. Food and Drug Administration has announced that grease-proofing agents containing PFAS are no longer being sold by manufacturers for food contact use in the U.S. market.
The European Commission has presented a draft Regulation that will lead to a ban on the use of bisphenol A (BPA) in food contact materials (FCMs), including plastic and coated packaging. It is seeking feedback until 8 March 2024 on this proposed measure. This initiative follows the publication of the European Food Safety Authority’s opinion on the subject, which indicates a concern for human health. Hong Kong sellers of packaging, or of foodstuffs in food containers, should furthermore be informed that the measure will also address the use of other bisphenols in FCMs so as to avoid replacing BPA with other harmful substances. It, in addition, sets out derogations and transitional periods that may apply to businesses.
The Environmental Protection Agency has determined that pesticide products marketed in flexible packaging 20 fluid ounces or less in size with labelling either directly recommending residential use or reasonably interpreted to permit residential use are subject to the Child Resistant Packaging mitigation measures based on the visual similarity of the packaging design to children’s food products.
A significant breakthrough was achieved as the Council of the EU (composed of Member State minsters) and the European Parliament recently reached a provisional agreement on the comprehensive revision of the Regulation governing the classification, labelling, and packaging of chemicals, commonly known as the CLP regulation. The proposed overhaul addresses emerging challenges associated with new commercial trends, such as online trade and the reuse of containers for bulk purchases, and aims to enhance the circularity of chemical products while providing consumers with clearer and easily accessible information.