House Votes to Lock In Trump-Era Rule Labeling Israeli Goods Imported From The West Bank As Israeli

In a bipartisan vote, the House of Representatives passed the Anti-BDS Labeling Act (H.R. 5179), codifying a Trump-era trade rule clarifying labeling requirements for goods imported from Israel, the Gaza Strip, or the West Bank. In 2020, U.S. Customs and Border Protection (CBP) updated its country of origin labeling guidance to accurately reflect whether an item originated in a region of the West Bank in Israel’s jurisdiction, an area of the West Bank independent of Israel, or Hamas-controlled Gaza. The legislation was introduced because of fears that the Biden administration was considering partially rescinding the rule to pressure the government of Prime Minister Benjamin Netanyahu over its conduct of the war with Hamas. The legislation was also meant to prevent a future Kamala Harris administration from changing the policy.

H.R. 5179 – Anti-BDS Labeling Act

Summary:

In support of our strongest ally in the Middle East, this bill pushes back on the Boycott, Divestment, and Sanctions (BDS) movement by codifying a 2020 notice published by U.S. Customs Border Protection (CBP) regarding “Country of Origin Marking of Products from the West Bank and Gaza.” This notice ensures that products made in Israeli-controlled areas of the West Bank be marked as originating from “Israel” and that products made in Gaza or Palestinian-controlled areas of the West Bank be labeled as either made in “Gaza” or the “West Bank.”

Background:

U.S. law, in 19 U.S.C. 1304, requires accurate labeling of an imported product’s country of origin.
In 1997, the Palestinian Authority (PA) asked the United States to accept the “West Bank/Gaza” country of origin for goods produced in the West Bank or the Gaza Strip. The PA’s intent with this request was to establish territorial unity between the two areas.
In response, the United States issued guidance stating that “West Bank/Gaza” and “West Bank/Gaza Strip” were considered acceptable country of origin markings.
On December 1, 2020, the Department of State issued new guidance advising that (1) Israel continues to exercise relevant authority in areas of the West Bank and (2) Gaza and the West Bank are politically and administratively separate.
Following this new guidance, CBP issued its notice that goods produced in the territorial areas of the West Bank where Israel continues to exercise relevant authorities must be marked as “Israel,” “Product of Israel,” or “Made in Israel.”
CBP’s notice further clarified that goods must be marked, as appropriate, “Product of West Bank,” “Product of Gaza,” or words of similar meaning.
Finally, CBP’s notice stated that goods must not be marked “West Bank/Gaza,” “West Bank/Gaza Strip,” “West Bank and Gaza,” or words of similar meaning.

Anti-BDS Labeling Act:

Codifies the 2020 notice, “Country of Origin Marking of Products from the West Bank and Gaza” (85 Fed. Reg. 83984).
Prohibits the use of federal funds to reverse or alter the rule.

118th CONGRESS
2d Session

H. R. 5179

AN ACT

To require the maintenance of the country of origin markings for imported goods produced in the West Bank or Gaza, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Anti-BDS Labeling Act”.

SEC. 2. CONTINUATION IN EFFECT OF COUNTRY OF ORIGIN MARKING POLICY FOR IMPORTED GOODS PRODUCED IN THE WEST BANK OR GAZA.

The policy of the Government of the United States with respect to country of origin marking of imported goods produced in the West Bank or Gaza, notice of which was published by U.S. Customs and Border Protection in the Federal Register on December 23, 2020 (85 Fed. Reg. 83984), shall remain in effect until repealed by an Act of Congress.

SEC. 3. PROHIBITION ON USE OF FUNDS TO RESCIND OR CHANGE THE COUNTRY OF ORIGIN MARKING POLICY FOR IMPORTED GOODS PRODUCED IN THE WEST BANK OR GAZA.

Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for the Department of State or U.S. Customs and Border Protection on or after the date of the enactment of this Act may be obligated or expended to prepare or promulgate any policy; guidance; regulation; notice; or Executive order or to otherwise implement, administer, or enforce any policy that rescinds or changes the policy of the Government of the United States with respect to country of origin marking of imported goods produced in the West Bank or Gaza, notice of which was published by U.S. Customs and Border Protection in the Federal Register on December 23, 2020 (85 Fed. Reg. 83984).

Passed the House of Representatives September 18, 2024.

Attest:

Clerk.

Source: U.S. House Votes to Lock in Trump-Era Trade Rule Empowering Americans Who Support Israel, United States Committee on Ways & Means, (September 20, 2024).