G/VAL/W/353  
 
30 June 2020  
(20-4538) Page: 1/2 
Committee on Customs Valuation  Original: English  
 
 
PRESHIPMENT INSPECTI ON 
NOTIFICATIONS UNDER ARTICLE 5 OF THE  
AGREEMENT ON PRESHIP MENT INSPECTION  
Questions from the United States to China regarding document G/PSI/N/1/Rev.4/Add.1  
The following submission, dated 22 June 2020, is being circulated at the request of the delegation 
of the United States.  
 
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The United States thanks China for its notification in document G/PSI/N/1/Rev.4/Add.1. We also 
thank China for submi tting to the Secretariat the following links to four measures:  
1. Law of the People's Republic of China on import and export commodity inspection (amended 
in 2018) 中华人民共和国进出口商品检验法  (2018年修正 ) - 
http://www.customs.gov.cn/customs/302249/302266/302267/2369445/index.html ; 
2. Regulations of the People's Republic of China on the implementation of the law on import 
and export commodity inspection (revised in 2019)  中华人民共和国 进出口商品 检验法实施条例 
(2019年修订) - 
http://www.customs.gov.cn/customs/302249/302266/302267/2369666/index.html ; 
3. Measures for the Inspection, Supervision and Administration of I mported Old Mechanical and 
Electrical Products 进口旧机电产品检验监督管理办法 - 
http://www.customs.gov.cn/customs/302249/302266/302267/2371611/index.html ; and 
4.  Measures for the s upervision and administration of inspection and quarantine of imported solid 
waste which can be used as raw materials  进口可用作原料的固体 废物检验检疫监督管理办法 - 
http://www.customs.gov.cn/customs/302249/302266/302267/2371598/index.html . 
As a follow -up to this notification, the United States would like to ask China to respond to the 
following questions:   
Question 1  
1. Will China please submit to the Secretariat all laws and regulations relating to preshipment 
inspection under Article 5 of  the Agreement on Preshipment Inspection immediately? Article 5 
requires Members to notify these measures "immediately after their publication. "   
2. In particular, will China please submit all laws, regulations, and other measures that 
implement Article 2  of the Agreement relating to Non -discrimination, Government Requirements, 
Site of Inspection, Standards, Transparency, Protection of Confidential Business Information, 
Conflicts of Interest, Delays, Price Verification, Appeals Procedures, and Derogations with respect to 
pre-shipment inspection activities.  G/VAL/W/353  
 
- 2 - 
 
  Question 2  
We understand General Administration of Customs Announcement No. 48 of 2018 refers to 
"Pre-shipping Inspection Procedures of the PRC. " Will China please submit all of its pre -shipment 
inspectio n procedures and any General Administration of Customs Announcements pertaining to 
pre-shipment inspection to the Secretariat?   
Question 3  
Article 22 of the second measure, Regulations of the People's Republic of China on the 
implementation of the law on import and export commodity inspection (revised in 2019), provides 
that in order to import "solid waste that can be used as raw materials " and "old mechanical and 
electrical products " importers must submit a pre -shipment inspection certificate and make the  import 
available for inspection by the entry -exit inspection and quarantine agency. Why are both procedures 
necessary? What does the pre -shipment inspection fail to identify that the agency inspection can 
uncover?  
Question 4  
Article 36 of the second measu re provides for the designation of foreign inspection agencies that 
meet the prescribed qualifications. What is the process for designating such foreign inspection 
agencies? Is it the same process for preshipment inspection companies as it is for other con formity 
assessment bodies? Where is the list of designated foreign preshipment inspection companies 
published?  
- Measures notified by China related to the import of scrap materials  
1. The United States would also like to reiterate its continuing concern with the measures China 
notified related to the import of scrap materials. As repeatedly expressed in other WTO meetings, 
the United  States has significant concerns about China' s measures that ban or severely limit the 
import of scrap materials. Since 2017, China has issued successive measures that outright ban or 
effectively ban the import of a number of scrap materials with little or no prior notice or comment 
period. Furthermore, the 2019 revisions of its draft Law of the People 's Republic of China o n the 
Prevention and Control of Environmental Pollution by Solid Wastes, continue to define "solid waste " 
to include all scrap materials, and expressly ban these imports despite concerns raised by the United 
States and other stakeholders. To be clear, scra p materials (1) have been separated from the waste 
stream for recycling as a raw material and (2) are saleable items traded within a distinct global 
marketplace (i.e., they have an underlying economic value). These qualities make the inclusion of 
scrap mat erials as "waste " inaccurate.   
2. We are concerned both with the overly broad scope of China' s import control measures related 
to scrap materials and with what appear to be different requirements for foreign and domestic 
commodities. We reiterate our requ est that China immediately halt implementation of its ban and 
revise the relevant measures in a manner consistent with existing international standards for trade 
in scrap materials, which provide a global framework for transparent and environmentally sound  
trade in recycled commodities.   
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