WORLD TRADE
ORGANIZATIONWT/L/469
17 May 2002
(02-2760)
INTRODUCTION OF HARMONIZED SYSTEM 2002   CHANGES INTO
WTO SCHEDULES OF TARIFF CONCESSIONS
Decision of 13 May 20021
The General Council,
Having regard  to Articles IV:2 and IX:3 of the Ma rrakesh Agreement establishing the World
Trade Organization (the "WTO Agreement");
Recognizing  that the adoption of the Harmonized Co mmodity Description and Coding System
(hereinafter referred to as the "Harmonized System") has, in addition to facil itating international trade
and the analysis of trade statistics, ensured greater  uniformity in countries' customs classification, thus
enabling them to monitor and protect  the value of tariff concessions;
Noting  that, in accordance with Article 16 of the Harmonized System Convention, the Council
of the World Customs Organization adopted  a Recommendation on 25 June 1999 concerning
amendments to the Harmonized System which came into force on 1 January 2002 (hereinafter referred
to as "HS2002 changes");
Noting the procedure adopted by the General Council to introduce HS2002 changes, to
Schedules of Concessions2, which in certain cases may require negotiations and/or consultations under
Article XXVIII of GATT 1994,
Considering  that the Members concerned would need  more time to submit documentation and
proceed with consultations or pos sible Article XXVIII negotiations,
Decides, in view of the exceptional circumstances, to  suspend the application of the provisions
of Article II of GATT 1994  for one year, starting from the date of implementation of the HS2002
changes for each respective Member, for Members listed in the Annex3 to this decision, to the extent
necessary for the purpose of enabling such Memb ers to implement domestically the recommended
amendments to the Harmonized System nomenclature pending incorporation of such changes into their
Schedules of Concessions, subject to the following conditions:
(i) The Members concerned shall submit the documentation required under paragraph 1
of the Procedures in Attachment B (read  along with Section 2 of Attachment A)
adopted by the General Council to implement HS2002 changes to Schedules ofConcessions no later than 30 April 2002;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council in November 1995 (WT/L/93).
2 WT/L/407.
3 Column one of the Annex lists the Members and column two indicates the Member's date of
implementation of HS2002 changes.WT/L/469
Page 2
(ii) The Member concerned shall, where necessary, promptly enter into negotiations
and/or consultations with interested Members pursuant to paragraphs 1-3 of
Article XXVIII of GATT 1994;
(iii) The negotiations and/or consultations mentioned above shall, to the extent possible,
be completed within one year of the concerned Member's date of implementation as
indicated in column 2 of the Annex; and
(iv) In accordance with the provisions of  Article XXVIII:3 of the GATT 1994, applied
mutatis mutandis  to the present waiver, pending the en try into force of the results of the
negotiations and/or consultations mentioned above, the other Members will be free to
suspend concessions initially negotiated with  the Member concerned to the extent that
they consider that adequate compensation is not offered by the Member concerned.WT/L/469
Page 3
ANNEX
Members which have requested to be covered by the waiver under the above decision
Member4
   (1)Date of implementation of HS2002 changes
 (2)
1. Argentina* 29 April 2002
2. Australia* 1 January 2002
3. Bulgaria* 1 January 2002
4. Canada* 1 January 2002
5. China 1 January 2002
6. Colombia 1 January 2002
7. Croatia* 1 January 2002
8.  Czech Republic* 1 January 2002
9.  Estonia* 1 January 2002
10.  European Communities* 1 January 2002
11. Hong Kong, China* 1 January 2002
12.  Hungary* 1 January 2002
13. Iceland* 1 January 2002
14. India* 1 January 2002
15. Korea* 1 January 2002
16.  Latvia* 1 January 2002
17.  Lithuania* 1 January 2002
18.  Malaysia 1 January 2002
19.  Mexico* 1 April 2002
20.  New Zealand 1 January 20025
21. Norway* 1 January 2002
22. Romania 1 January 2002
23.  Singapore* 1 January 2002
24.  Slovak Republic* 1 January 2002
25.  Slovenia* 1 January 2002
26.  Switzerland* 1 January 2002
27.  Thailand* 1 January 2002
28.  Turkey 1 January 2002
29. United States* 1 January 2002
30.  Uruguay 1 January 2002
__________
                                                     
4 A Member with an asterisk is a Member having made the submission referred to in sub-paragraph (i).
Members not having made the submission required in sub-paragraph (i) will not be considered part of thisAnnex at the time of adoption of the waiver decision by the General Council.
5 HS2002 changes to Chapter 48 were implemented on 1 April 2002.