G/TBT/W/610  
 
22 March 2019  
(19-1783) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
CHINA - CATALOGUE OF  SOLID WASTES FORBID DEN TO IMPORT INTO C HINA  
STATEMENT BY THE UNITED STATES  TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
6 AND 7  MARCH  2019 
The following communication, dated 21 March 2019 , is being circulated at the request of the 
delegation of the United States . 
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1.  The United States would like to reiterate its concerns, as expressed during our last meeting in 
November 2018, regarding the negative trade and environmental impa cts resulting from China 's 
import ban, and accompanying measures, on certain recovered materials.  
2.  China has made certain references to environmental concerns and has invoked the legitimate 
objective of environmental protection as the rationale for the meas ures. Yet, China has provided no 
details as to what specific environmental concerns it is hoping to address, much less how these 
restrictive measures – including a full ban – are intended to alleviate any such environmental 
concerns.   
3.  China 's current appro ach appears to be having the opposite effect.  The most likely outcome of 
the ban is that reusable plastics will be redirected from productive purposes, such as recycling, to 
the waste stream.  
4.  We recognize and appreciate China 's interest in addressing valid  environmental concerns.  We 
have repeatedly requested meetings with experts from China 's Ministry of Ecology and Environment 
(MEE) to understand the environmental concerns China has and why these measures are necessary 
to address those concerns, and to work cooperatively to ensure that valid environmental concerns 
are met in the least trade restrictive manner possible.  Yet, China has declined all such requests.  
5.  Instead of attempting to explain its environmental objectives and working constructively to 
minimize trade restrictions, China moved forward with the implementation of these highly trade -
restrictive measures and even expanded the scope of restricted materials.   
6.  On 19 April 2018, several ministries issued a notice adding 32 new types of scrap and wa ste to 
the Catalogue of Prohibited Import Solid Waste.  The United States requested, via Enquiry Point 
message, that this new notice be notified, as it now prohibits imports of a larger selection of 
materials.  China declined the request.  The United States u rges continued transparency as these 
amendments and revisions are released.  
7.  The United States requests that China immediately suspend implementation of its import ban 
and its import control standards for recovered materials.  We urge China to break its sile nce if it truly 
wants to address valid environmental concerns.  And we request, at least in the interim, that China 
revise these measures in a manner consistent with existing international standards for trade in 
recycled commodities.  
8.  In July 2018, China re leased draft revisions to the Law on Prevention and Control of 
Environmental Pollution by Solid Wastes. As currently written, this draft Law appears to ban the 
import of all recyclable materials into China. The United States is very concerned with the over ly 
broad scope of "solid waste " which can effectively result in an import ban on recyclable materials.   G/TBT/W/610  
 
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  9.  Recyclable materials (1) have been separated from the waste stream for recycling as a raw 
material and (2) are saleable items traded within a distinct g lobal marketplace ( i.e., they have an 
underlying economic value).  These qualities make the classification of recyclable materials as 
"waste " inaccurate.   
10.  The United States urges China to provide allowances for trade in recyclable materials and to 
properly define and distinguish "waste " from recyclable materials and scrap before finalizing and 
implementing this draft Law.  
11.  We request that China observe the normal sixty-day timeframe for comments consistent with 
the Committee Recommendation, and subsequently afford a reasonable transition period.  
China 's notifications G/TBT/N/CHN/ 1211, G/TBT/N/CHN/ 1212, and G/TBT/N/CHN/ 1224 through 
G/TBT/N/CHN/ 1234 have all entered into force well before the customary six-month minimum 
timeframe for technical regulations.  
12.  Additionally, for a vast number of materials outlined in both the ban and import control 
standards, China appears to have no mandatory commensurate standard in place for domestic 
commodities.  
13.  For example, for the 21 categories of non -ferrous metal commodi ties subject to China 's import 
control standard notified in G/TBT/N/CHN/ 1228, China appears to have only voluntary domestic 
standards in place for just three categories of non -ferrous metal (copper, aluminum, and zinc) and 
no domestic standards, voluntary or otherwise, for the remaining non -ferrous materials listed in the 
measure.  
14.  We remain concerned that a ban and related import control standards with such a broad scope 
may be more trade restrictive than necessary to fulfill the stated health and environme ntal 
objectives, and that there appear to be fundamental differences between requirements for foreign 
and domestic commodities.  
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