. /.WORLD TRADE
ORGANIZATIONG/TBT/W/231
20 October 2003
(03-5530)
Committee on Technical Barriers to Trade Original:  English
TRANSITIONAL REVIEW MECHANISM PURSUANT TO SECTION 18
OF THE PROTOCOL ON THE ACCESSION OF
THE PEOPLE'S REPUBLIC OF CHINA
Questions from the United States to China
1. The United States welcomes China’s continued implementation of the Agreement on
Technical Barriers to Trade (TBT Agreement), including its establishment of a notification authority,
its participation in meetings of the TBT Committee and its transition to the new CCC Mark
certification scheme.  We appreciate this opportunity to gain a better understanding of how China is
implementing its TBT obligations and seek information on the following matters.
I. NOTIFICATIONS
2. The United States welcomes China’s submission of 17 notifications under the
TBT Agreement in 2003.  The United States encourages China’s continued implementation ofTBT notification requirements.  However, we are also aware of Chinese measures related to
conformity assessment and certification that have not been notified to the TBT Committee.
(a) In particular, technical regulations promulgated by various Chinese ministries and
agencies, which would appear to impact in ternational trade, have not been notified.
What steps has China taken to ensure that it notifies all regulations meeting
TBT Agreement criteria, not just those issued by China’s State Administration of
Quality Supervision, Inspection and Quarantine?
(b) In 2003, China implemented certain changes to the requirements for CCC Mark
registration.  Apparently, on a temporary basis, China permitted applicants to conduct“factory self_inspections” (in lieu of an inspection conducted by designated
certification bodies or their designees) and to proceed with CCC Mark issuance on an
interim basis while awaiting a full factory inspection by designated certification
bodies.  This policy has been viewed favorably by U.S. industry, but notification of
the measure in question would provide the required transparency for Members to
understand the new policy fully.  Will China notify the TBT Committee of changes to
its CCC Mark certification scheme, including changes in conformity assessmentrequirements and additions to the catalogue of products subject to CCC certification?G/TBT/W/231
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II. INTERNATIONAL STANDARDS
3. Measures that China has promulgate d since its WTO accession, including Measures for the
Administration of Adoption of International Standards , as well as comments during TBT Committee
meetings in 2003, would appear to limit China’s definition of international standards to those
promulgated by the ISO, IEC and ITU.  However, the TBT Agreement does not limit Members tousing standards from particular bodies, nor does it contain a list of bodies deemed appropriate for
purposes of implementing its provisions.  Instead, the TBT Committee decided upon principles which
should guide Members’ participation in the work of international bodies as well as the use of their
standards, recommendations and guidelines (G/TBT /1/Rev.8 (IX)). Responsibility for implementing
the TBT Committee decision rests with WTO members (and not the international bodies themselves).
As we have previously stated bilaterally and at meetings of this Committee, we are concerned that
China’s restricted approach will limit its ability to comply with its WTO obligations and will deny itthe possibility of choosing the best standard that is available, effective and appropriate for achieving
its legitimate objective.  We have identified examples in prior comments on specific Chinese
notifications.
(a) At this time, does China have any plans to address this issue?
(b) If no action is planned or being taken, could China explain why it would limit its
options to only 3 standardizing bodies when other bodies develop international
standards that could be relevant, effective and appropriate for use as a basis for
Chinese technical regulations and conformity assessment procedures?
III. CONFORMITY ASSESSMENT PROCEDURES
4. In Section 13.4(a) of China’s Protocol of Accession, China committed that it would ensure
that, within one year after its accession (or by December 11, 2002), all conformity assessment bodies
would be authorized to undertake conformity assessment for both imported and domestic products.China further committed that, within eighteen months after its accession (or by June 11, 2003), it
would assign the respective responsibilities of its conformity assessment bodies solely on the basis of
the scope of work and type of product without any consideration of the origin of a product.  During
the transitional review before the TBT Committee in 2002, China reported on the progress that it had
made in implementing these commitments with re gard to certain conformity assessment bodies
(in G/TBT/W/190).  China stated that it was still working on the implementation of these
commitments with regard to other conformity assessm ent bodies and that it hoped to finish its work in
a timely manner.  Please report on the status of this effort.
5. In paragraph 194 of China’s Working Party Report, China agreed to make public, and update
on an ongoing basis, information on conformity assessment bodies recognized by China.  Please
provide an updated list of domestic and foreign conformity assessment bodies that are recognized byChina.
6. In paragraph 192 of the Working Party Report, China agreed not to maintain multiple or
duplicative conformity assessment procedures, and not to impose requirements exclusively on
imported products.  What steps has China taken, or does China plan to take, to eliminate duplicativeconformity assessment requirements, such as between the CCC Mark requirements and those of the
Ministry of Information Industry, or between the CCC Mark requirements and those of the Ministry
of Health/State Food and Drug Administration?
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