WORLD TRADE  
ORGANIZATION  TN/MA/W/46/Add.8 
11 November 2004 
 
 (04-4816) 
Negotiating Group on Market Access  
  
 
NON -TARIFF BARRIER NOTIFICATIONS  
 
Addendum
 
  
 
I.
 UNITED STATES.................................................................................................................. .  2 
 
  
 TN/MA/W/46/Add.8 
Page 2 I. UNITED STATES 
The United States considers that addressing non-tariff barriers (NTBs)  is an integral and important part of the Doha mandate on  non-agricultural 
market access, and welcomes the emphasis the General Council has pl aced on NTBs in Annex B, Paragr aph 14 of the Doha Work Progr amme, 
which it adopted on August 1, 2004.  The United States recognizes th at the NTB discussions are without prejudice to a Member’s ability to 
pursue legitimate regulatory objec tives in a WTO-consistent manner.  
 The United States is pleased to contribute the attached indicativ e list of NTBs in response to the Paragraph 14 request for NTB  notifications.  The 
list reflects concerns expressed by a wide range of industries.  While we do not identify the Memb er or Members maintaining the  barrier in this 
indicative list, we note that the attached list reflects NTBs  maintained by both developed and developing Members. 
 The attached indicative list includes thirt een representative examples of NTBs, in a va riety of sectors, drawn from extensive c onsultations with 
our industry.  In the column labeled “Treat ment of the barrier,” we offer our ideas fo r how specific NTBs might be approached i n negotiations, 
including through “vertical” NTB discussions, which would focus atte ntion on a wide range of issues of concern to a single indu stry.  To address 
these concerns, concrete liberalization steps could be pursued in the re levant Doha negotiating foru m and could involve a varie ty of modalities, as 
appropriate.  As part of the vertical a pproach, we believe that Members should ex plore “positive” initiatives, pursuant to whic h interested 
Members would agree to implement new or clarified rules or pr ocedures affecting trade in a particular group of products.   
 In recognition that the Negotiating Group on Non-Agricultural Market Access may not alwa ys be the most appropriate forum for ad dressing a 
specific non-tariff barrier, the attached indicative list does not in clude any NTB complaints which relate directly to concerns  regarding the WTO-
consistency of existing measures maintained by WTO Members.  We also did not include customs-related NTBs, as we expect that th ese barriers 
will be addressed in trade facilitation negotiations.  The United States wishes to stress that the attached list is indicative and by no mean s represents a complete list of the NTBs affecting our 
exporters.  We reserve the right to raise additional issues in  the negotiations, as necessary.  We are submitting this list in order to highlight the 
types of barriers identified by U.S. industr y, which we believe affect not just U.S.  businesses, but other producers in both de veloped and 
developing Members.    
  
  
  TN/MA/W/46/Add.8
 Page 3 
Maintaining 
participant Products affected by the 
barrier Nature of the barrier Trade effects of the 
barrier Inventory 
category Relevant 
WTO 
Provisions Treatment of the barrier 
1 2 3 4 5 6 7 
 Motor vehicles Many Members maintain strict limits and/or 
excessively burdensome regulations on the 
ability of the private sector to offer financing 
for the purchase of motor vehicles.  Inhibits the sale of 
motor vehicles I-D GATS Explore through services 
negotiations, vertical 
automotive initiative and/or 
bilateral request/offer 
 
 Motor vehicles 
 Members maintain foreign equity 
restrictions that restrict or manipulate 
investments in automotive production.  
 Inhibits or prohibits 
foreign investment IV-L  Not 
currently 
covered xplore through vertical 
automotive initiative and/or 
goods bilateral request/offer 
 Motor vehicles Several Members base vehicle taxes on 
engine displacement, which 
disproportionately burdens manufacturers that produce vehicles with larger engine 
sizes. Inhibits the sale of 
vehicles with larger 
engine sizes; provides a 
competitive 
advantage to producers of 
vehicles with smaller 
engine sizes  III-B GATT Explore through vertical 
automotive initiative and/or 
goods bilateral request/offer 
 Pharmaceuticals, motor 
vehicles Distribution channels are not open to 
imported products. Impedes or prevents 
market access I-D, IV-L GATS Explore through services 
negotiations, vertical automotive initiative and/or 
bilateral request/offer 
 
 Textiles made up for 
assembly, yarns, fabric, 
apparel Excessive technical certification (quality 
control) requirements and difficult, costly 
marking and labeling requirements Impedes or prevents 
market access  III-C, IV-K  Explore vertically, through 
support for a positive 
initiative that would have as 
its goal greater international 
uniformity in textile marking 
and labeling requirements.   
  
 
 
 
        
 TN/MA/W/46/Add.8 
Page 4 Maintaining 
participant Products affected by the 
barrier Nature of the barrier Trade effects of the 
barrier Inventory 
category Relevant 
WTO 
Provisions Treatment of the barrier 
1 2 3 4 5 6 7 
 Forest products drafted in such a manner that restricts the 
expansion of wood products into regulated 
construction markets.  For example, some usage of design rather than performance-
based standards unnecessarily restricts wood 
products in building. Impedes or prevents 
market access III-A, III-B GATT, 
TBT Explore through an overall 
forest products vertical, 
including through positive initiatives that support efforts 
aiming at greater uniformity 
of product technical 
regulations and standards that 
underlie building codes.   
 Forest products, medical 
equipment, information 
technology (IT) products 
and others Test results for products with similar 
performance are not recognized without 
expensive and duplicative testing. Impedes or prevents 
market access III-C TBT Explore through verticals for 
each particular sector, 
including through positive 
initiatives  
 Medical equipment, heavy 
equipment, textiles, motor 
vehicles and others Prohibitions on  the importation and sale of 
used or remanufactured products. Prevents market 
access in these 
markets IV-B GATT, 
TBT Explore through verticals for 
each particular sector, 
including through positive 
initiatives 
 
 Medical and scientific 
equipment and 
instrumentation, forest 
products, cosmetics, information technology 
products, household goods, 
electrical machinery, heating, ventilation and air 
conditioning, and others 
 Overly prescriptive standards focused on 
design rather than performance 
characteristics Products which 
objectively meet 
safety and quality 
performance are kept out of the market III-B GATT, 
TBT Explore through verticals for 
each particular sector, 
including through positive 
initiatives 
 Motor vehicles, motor 
vehicle parts, textiles and 
apparel, environmental goods, forest products, 
motorcycles, information 
technology (IT) products, alcoholic beverages and 
others 
 Many Members maintain unique testing and 
certification procedures and diverse 
standards and regulations (including labeling). Imposes unnecessary 
and burdensome 
costs on importers and delays entry of 
products into market III-C TBT Explore through verticals for 
each particular sector; 
explore through positive initiatives including through 
support for existing 
international standards discussions such as United 
Nations Working Party 29  
  TN/MA/W/46/Add.8
 Page 5Maintaining 
participant Products affected by the 
barrier Nature of the barrier Trade effects of the 
barrier Inventory 
category Relevant 
WTO 
Provisions Treatment of the barrier 
1 2 3 4 5 6 7 
 Motorcycles Multiple Members prohibit the use of 
motorcycles with certain engine 
displacements and/or the use of motorcycles on tollways. Limits export 
potential of 
motorcycles to these markets 
 III-B TBT Explore through bilateral 
request/offer negotiations 
 Chemicals, electronics and 
others Lack of transparency of administrative 
measures including regulatory and product 
registration procedures Trade disruption, 
uncertainty, 
additional costs for 
manufacturers and 
consumers III-B GATT, 
TBT, SPS Explore, on a horizontal 
basis, cooperative efforts to 
increase openness and 
transparency of regulatory 
and product registration procedures, including 
justification and rationale for 
proposed regulations.    
 Medical equipment and 
other healthcare products A variety of measures inhibit the ability of 
foreign companies to provide products in 
certain Members' markets. Products which 
objectively meet 
safety, quality, and 
performance 
parameters are kept out of the market 
 III-A, B and 
C; IV-A, F 
and H GATT, 
TBT Explore vertically, including 
through positive initiatives, 
and/or goods bilateral 
request/offer 
 
 
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