G/C/W/769  
 
14 October 2019  
(19-6623) Page: 1/3 
Council for Trade in Goods    
 
INTRODUCTION OF HARM ONIZED SYSTEM 200 7
 CHANGES INTO  
WTO SCHEDULES OF TAR IFF CONCESSIONS  
DRAFT WAIVER DECISIO N 
The General Council,  
Having regard  to Articles IV:2 and IX:3 of the Marrakesh Agreement establishing the World Trade 
Organization (the "WTO Agreement");  
Recognizing  that the adoption of the Harmonized Commodity Description and Coding System 
(hereinafter referred to as the "Harmonized Syste m") has, in addition to facilitating 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 accor dance with Article 16 of the Harmonized System Convention, the Council of the 
World Customs Organization adopted a Recommendation on 26 June 2004 concerning amendments 
to the Harmonized System which will come into force on 1 January 2007 (hereinafter refer red to as 
"HS2007 changes");  
Considering  that the General Council by its decisions of 15 December 20061, 18 December  20072, 
18 December 20083, 17 December 20094, 14 December 20105 and 30  November  20116, 
11 December 20127, 26 November 20138, 11 December 201 49, 30 November 201510, 
12 December  201611, 1 December 201712, and 13 December 201813, acting pursuant to the 
provisions of Articles  IV:2 and IX:3 of the WTO Agreement, suspended the application of the 
provisions of Article  II of GATT 1994 for certain Members, from the date of implementation of 
HS2007 changes for those Members until 31  December 2019, to the extent necessary to implement 
domestically the HS2007 changes pending incorporation of such changes into their Schedules of 
Concessions, subject to certain conditions;  
Noting the procedure adopted by the General Council to introduce HS2007 changes, to Schedules of 
Concessions14, which in certain cases may require  negotiations and/or consultations under 
Article  XXVIII of GATT  1994;  
                                                
1 WT/L/675, WT/L/675/Add.1, WT/L/675 /Add.2, WT/L/675/Add.3 and WT/L/675/Add.4.  
2 WT/L/713.  
3 WT/L/745.  
4 WT/L/787, WT/L/787/Add.1 and WT/L/787/Add.2.  
5 WT/L/809.  
6 WT/L/833.  
7 WT/L/874.  
8 WT/L/901.  
9 WT/L/946.  
10 WT/L/ 968. 
11 WT/L/997.  
12 WT/L/1027.  
13 WT/L/1049.  
14 WT/L/673.  G/C/W/769  
 
- 2 - 
 
  Considering  that the Members listed in the Annex15 to this decision would need more time to proceed 
with consultations or possible Article XXVIII negotiations and have requested an extension of their 
respective waivers;  
Considering that other Members not listed in the Annex to this Decision may already have implemented 
domestically the HS2007 changes, or may intend to do so, pending incorporation of such changes into 
their Schedules of Concessions, and may also desire to be covered by this waiver;  
Decides, in view of the excepti onal circumstances, to suspend the application of the provisions of 
Article  II of GATT 1994:  
(a) for those Members listed in the Annex for a further year until 31 December 2020; and  
(b) for any other Member not listed in the Annex, that notifies the Committee on M arket 
Access of its wish to be included in the waiver decision, for the period from the date of 
implementation of the HS2007 changes for that Member until 31 December 2020;  
to the extent necessary for the purpose of enabling such Members 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. Members covered by paragraphs (a) and (b) of this Decisi on shall, where necessary, 
promptly enter into negotiations and/or consultations with interested Members 
pursuant to paragraphs 1 -3 of Article  XXVIII of GATT  1994;  
ii. The negotiations and/or consultations mentioned above shall, to the extent possible, 
be com pleted by 31 December 2020; and  
iii. In accordance with the provisions of Article XXVIII:3 of GATT 1994, applied 
mutatis  mutandis  to the present waiver, pending the entry into force of the  results 
of the negotiations and/or consultations mentioned above, the ot her 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.  
                                                
15 Column one of the Annex lists the Members and column two indicates the Member's date of 
implementation of HS2007 changes.  G/C/W/769  
 
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  ANNEX  
MEMBERS WHICH HAVE R EQUESTED TO BE COVER ED BY THE WAIVER GRA NTED  
UNDER THIS DECISION  
  Date of Implementation of  
 Members  HS2007 Changes  
 
1. Argentina          1 January 2007  
2. Brazil          1 January 2007  
3. China          1 January 2007  
4. Dominican Republic        1 January 2007  
5. European Union         1 January 2007  
6. Malaysia          1 January 2007  
7. Philippines          11 December 2007  
8. Thailand          1 January 2007  
 
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