WORLD TRADE
ORGANIZATIONWT/L/408
26 July 2001
(01-3538)
MADAGASCAR - AGREEMENT ON MINIMUM VALUES IN REGARD OF
THE IMPLEMENTATION OF ARTICLE VII OF THE GENERAL
AGREEMENT ON TARIFFS AND TRADE 1994
Request for a Waiver
Decision of 18 July 20011
The General Council,
Taking into account  Madagascar's request for a waiver from the WTO Agreement on
Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs
Valuation Agreement) in order to temporarily main tain minimum values in respect of the products
identified below, and
Noting:
- that Madagascar is a Member to the WTO Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement) and invoked
paragraph 1, Article 20 of that Agreement on 17 November 1995, and was therefore
scheduled to apply the provisions of the Agreement on 17 November 2000;
- that Madagascar also invoked on 17 November  1995 paragraph 2 of Annex III of the Customs
Valuation Agreement;
- the good cause for Madagascar's request as set out in G/C/W/259 and its intention to make
this reservation on a limited and transitional basis;
- that in all other regards Madagascar has implemented fully the Customs Valuation Agreement
since 17 November 2000;
- that this waiver to maintain temporarily minimum values will apply only to the used goods
identified in Annex I, and Madagascar's intention that this would be a single request to
maintain minimum values;
- Madagascar has published and made publicly available the data sources, methodologies,
basis, criteria and other relevant information for determining the minimum values for the usedgoods identified in Annex 1;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council (WT/L/93).WT/L/408
Page 2
- Madagascar's intention to use the period of this waiver to develop proficiency in techniques
such as risk management and verification in order to be able to apply by the end of this
waiver period the Customs Valuation Agreement to the used goods identified in Annex 1;
- that Madagascar will implement and apply by 17 November 2003 paragraph 2 of the Decision
on the Valuation of Carrier Media Bearing Software for Data Processing Equipment2;
- that Madagascar does not use currently, and does not plan to use,  preshipment inspection
services for purposes of customs valuation;
the procedures set out in paragraphs 3 and 4 of Section B.1 of G/VAL/5;
Having regard to  the Guiding Principles to be followed in considering applications for
waivers adopted on 1 November 19563, the Understanding in Respect to Waivers of Obligations under
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization.
Members, acting pursuant to the provisions of paragraph 3 of Article IX of the WTO
Agreement,
Decide , in view of the exceptional circumstances set out above, that:
1. Subject to the terms and conditions set out hereunder, Madagascar may use the officially
established minimum values for the valuation for customs purposes of the used goods listed in
Annex I until no later than 17 November 2003;
2. Madagascar will not apply minimum values to additional products;3. Madagascar will publish and make publicly available any amendments or changes to the
above-mentioned basis, criteria and other relevant information 60 days before implementing
such changes, and will not apply such changes to importations entering its customs territory
prior to the completion of this 60 day notification period;  and
4. This Decision shall not prejudice the rights and obligations of Madagascar under the WTO
Agreements, in particular those rights and obligations under the Customs Valuation
Agreement.
                                                     
2 G/VAL/5.
3 L/532.WT/L/408
Page 3
ANNEX 1
ex401210R10 Retreaded pneumatic tyres of a kind used on motor cars, used
ex401210R20 Retreaded pneumatic tyres, other, usedex401220L10 Used pneumatic tyres for motor cars
ex401220L20 Used pneumatic tyres, other
760200W00 Aluminium waste and scrapex8701 Road tractors, used
ex8702 Vehicles for the transport of persons, usedex8703 Motor cars, used
ex8704 Vehicles for the transport of goods, used
ex870600K10 Chassis and engines for motor cars, used
ex870600K21 Chassis and engines for vehicles of a carrying capacity of 4 tonnes or more, usedex870600K29 Chassis and engines, other, used
ex870710W00 Bodies for motor cars, used
ex870790X00 Bodies, other, used
ex870810N00 Bumpers and parts thereof, used
ex870821L00 Safety seat belts, usedex870829R00 Other, used
ex870831X00 Mounted break linings, used
ex870839L00 Other, used
ex870840K00 Gear boxes, used
ex870850B00 Drive-axles with differential, whethe r or not provided with other transmission
components, used
ex870860N00 Non-driving axles and parts thereof, used
ex870870F00 Road wheels and parts and accessories thereof, used
ex870880H00 Suspension shock-absorbers, used
ex870891B00 Radiators, used
ex870892B00 Silencers and exhaust pipes, used
ex870893W00 Clutches and parts thereof, usedex870894N00 Steering wheels, steering columns and steering boxes, used
ex870899X00 Other, used
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