WORLD TRADE  
ORGANIZATION  TN/MA/W/46/Add.7 
8 November 2004 
 
 (04-4746) 
Negotiating Group on Market Access  
  
 
NON -TARIFF BARRIER NOTIFICATIONS  
 
Addendum
 
  
I. JAPAN ....................................................................................................................... ............  2 
 
  
 TN/MA/W/46/Add.7 
Page 2  I. JAPAN 
 
 (Japan reserves the right to submit further items in the course of negotiations) 
 
Maintaining 
participant Products affected by 
the barrier Nature of the barrier Trade effects of the 
barrier Inventory category Relevant WTO 
provision Treatment of the 
barrier 
1 2 3 4 5 6 7 
 forest products (HS 
Chapter 44) Export ban and export restriction trade distortive effect V-G GATT Articles XI, 
XX a 
 forest products (HS 
Chapter 44) Export taxes and levies trade distortive effect V-J  a 
 textiles （HS 
Chapters 50 to 63), 
machinery （HS 
Chapters 84 to 85 ） Lack of preventive measures in the 
countries concerned for false country 
of origin marking, e.g. false country 
of origin marking of textile products trade distortive effect II-F, 
VII-E GATT Article IX a 
 information 
technology products, 
electrical machinery 
(HS Chapters 84, 85 and 90) Inappropriateness,  non-transparent 
and unstable customs classification, 
e.g. levying duties on camcorders, 
FPD (Flat Panel Display) based on inappropriate custom s classification  unstableness and 
unpredictability of trade II-C GATT Article X a, or b (Trade 
Facilitation =TF) 
 information 
technology products 
(HS Chapters 84, 85 
and 90), base metals 
(HS Chapters 72 to 83), textiles (HS 
Chapters 50 to 63) 
cosmetics (HS Headings 3303 to 
3305, 3307, HS 
Subheading 3401.11 ) Discrimination by country in 
refunding of internal tax trade restrictive effect VI  a 
 mineral products (HS 
Heading 
25.29,28.46 ） Export quantity restrictions and their 
untransparent quota allocation  
e.g. export quantity restrictions on 
fluorspar, rare earth by E/L. trade restrictive effect  V-G GATT Articles X, 
XI, XX a, or b(TF) 
 textiles （HS 
Chapters 50 to 63 ） 
automobiles (HS 
Chapter 87) Import prohibition on used products, 
e.g. import ban on used textile 
products and used cars trade restrictive effect  V-A GATT Articles XI, 
XX a  
  TN/MA/W/46/Add.7
 Page 3Maintaining 
participant Products affected by 
the barrier Nature of the barrier Trade effects of the 
barrier Inventory category Relevant WTO 
provision Treatment of the 
barrier 
1 2 3 4 5 6 7 
 textiles （HS 
Chapters 50 to 63 ）,  
automobiles and their 
parts （HS Chapters 
84, 85 and 87 ） Lack of enforcement for 
infringement of intellectual property rights, e.g. false representation on 
well-known brand names and 
designs, and free circulation of counterfeit goods 
Inappropriate and insufficient 
protection of intellectual property rights, e.g. lack of protection system 
on intellectual property rights trade restrictive e ffect VII-A TRIPS d 
 automobiles and their 
parts （HS Chapters 
84, 85 and 87 ）  Non-transparency of customs 
classification and customs valuation, inconsistent with classification by the 
WCO, e.g. non-transparency of 
customs classification of CKDs, arbitrary determined customs values  unstableness and 
unpredictability of trade II-B, 
II-C, II-G GATT Articles 
VII, X a, or b(TF) 
 automobiles and their 
parts （HS Chapters 
84, 85 and 87 ） Non-transparency and unfairness of 
implementation of issuing import 
licenses, e.g. import licensing 
process lacks transparency, non-
transparency of  management of import quotas  unstableness and 
unpredictability of trade II-H, 
V-A GATT Articles X, 
XI, XIII a, or b(TF) 
 automobiles （HS 
Chapter 87 ） Price registration system on import 
products, e.g. requirement to submit 
price registration form and difficulty in modifying the registered price trade restrictive effect V-H GATT Article VIII a, or b(TF) 
 automobiles and their 
parts, machinery for 
building automobiles (HS Chapters 84, 85 
and 87)  Customs procedure lacks 
transparency, is complicated and 
unstable - more time needed for procedures and import ports are 
limited, e.g. complicated customs 
procedures for imported cars unstableness and   
unpredictability of trade II-G, 
VII-E GATT Articles 
VIII, X a, or b(TF) 
 automobile parts (HS 
Chapters 84, 85 and 
87) Local contents requirements, e.g. use 
of local contents is required for 
foreign companies trade restrictive effect V-F TRIMs d  
 TN/MA/W/46/Add.7 
Page 4 Maintaining 
participant Products affected by 
the barrier Nature of the barrier Trade effects of the 
barrier Inventory category Relevant WTO 
provision Treatment of the 
barrier 
1 2 3 4 5 6 7 
 automobile parts (HS 
Chapters 84, 85 and 87),  petroleum 
oils and their 
products (HS Chapter 27) Restriction on foreign investment 
(investment ratio, restriction on liaison offices, e.g. restriction on 
joint-venture investment, restriction 
on setting up liaison offices trade and investment 
restrictive effect VII-D TRIMs d 
 automobile parts (HS 
Chapters 84, 85 and 
87) Trade balancing requirements, e.g. 
imposing export requirements on 
automobile companies in relation to the import value trade and investment 
restrictive effect VII-D TRIMs d 
 automobile (HS 
Chapter 87) prohibition of selling both imported 
cars and domestic cars trade distortive effect VII-C GATT Article III a 
 generic Trading rights trade distortive effects VII-E  a 
 generic Unstableness of refund of Value-
Added Tax on imported goods, e.g. 
though it is the object of a refund, it is not refunded nor delayed, due to 
new regulations or for fiscal reasons. 
Also, there is a lack of a clear 
explanation prior to any change of 
regulations - it changes so often and it is not stable unpredictability of trade VII-E  a 
 Mineral Resources 
(copper or copper 
concentrates /HS chapter 26) Price of raw copper material is 
soaring due to th e refund of the 
internal tax on domestic raw copper material and to buying the material at 
a high price, e.g. a part of the value 
added tax （VAT） is refunded on 
raw copper material imported by the 
refinery trade distortive effects I-A  a  
  TN/MA/W/46/Add.7
 Page 5Maintaining 
participant Products affected by 
the barrier Nature of the barrier Trade effects of the 
barrier Inventory category Relevant WTO 
provision Treatment of the 
barrier 
1 2 3 4 5 6 7 
 chemical products 
(HS Chapters 28 to 40) Registration of new and existing 
chemicals (REACH), e.g. under the REACH system; in the regulation for 
the protection of health, safety and 
the environment, there is a possibility that a greater burden could be 
imposed on importers than on the 
manufacturers within the EU member states, and that the importers could 
be placed in a disadvantageous 
position in the competition. (This measure is under consideration by 
the EU member states concerned)  trade restrictive effect 
caused by excessive burden on importers III-B GATT Article 3  
TBT Articles 2.1 and 2.2 a, d 
 cosmetics (HS 
Chapter 33) Requirement of a production license 
from the government of an importing country, e.g. export is prohibited 
without a license issued by the 
government of an importing country  substantial import 
restriction III-C  a 
 cabotage (HS 
Chapter 89) Measures taken by a Member under 
specific mandatory legislation, 
enacted by that Member before it became a contracting party to GATT 
1947, which prohibit the use, sale or 
lease of foreign-built or foreign-reconstructed vessels in commercial 
applications between points in 
national waters           substantial import 
restriction I-C, 
V-B  a 
 
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