WT/REG387/3  
 
3 June 2019 
(19-3763) Page: 1/2 
Committee on Regional Trade Agreements  Original: English  
 
FREE TRADE AGREEMENT  BETWEEN CHILE AND THAILAND  
(GOODS  AND SERVICES )  
QUESTIONS AND REPLIE S 
The following communication, dated 28 May 2019, is being circulated at the request of the 
delegations of Chile and Thailand.  
 
 This document reproduces the follow -up question s addressed to the Parties following 
the 92nd Session of the CRTA and the response s submitted.  
_______________  
 
 
Question from the People's Republic of China  
 
WT/REG387/1 : page  36, Annex 2 , Article  1 (Table A2.1 Thailand: Tariff rate quotas for 
products originating in Chile)  
 
1.1.  "1. Thailand grants Chile tariff rate quotas on a number of products within the quota 
quantities committed by Thailand under the WTO. The in -quota rate is zero for all 
products, while the out of quota rate is the MFN rate. The TRQ quantity is not specified."  
 Article 1 of Annex 2, page 36, states that the TRQ quantity is specified. Could 
Thailand specify the TRQ quantity and how the quantity is determined within the quota 
quantiti es committed by Thailand under the WTO?  
Response from the delegation of Thailand  
 
 Under Thailand -Chile FTA, the parties agreed that Thailand would apply the tariff rate quotas 
(TRQs) on products that are committed as TRQ products under WTO. However, the In–Quota rates 
would be zero per  cent for importations of products originating from Chile under quota quantities, 
whereas out of quota imports will be applied with the out of quota MFN rates  as indicated in the 
table A2.1.  
 
 The quota quantities are global /WTO quota committed during the Uruguay Round and the 
allocations are applied on first come first serve basis.  
 
Questions from the delegation of  the United States  
 
1.2.  On Telecommunications, we note Thailand's improvements over its GATS 
commitments.  We would  like to know if this commitment reflects its current regime and 
if so, when Thailand will submit a revised schedule of commitments in the WTO to reflect 
its commitment back in 1997.  Thailand committed to revise its GATS schedule by the end 
of 2006 to refl ect the results of subsequent legislation (passed in 2002, and amended this 
year).  
 The Telecommunication Services commitments under Thai – Chile FTA have reflected certain 
elements of current legislations. However, there are still areas which are require d to reflect the 
relevant development under WTO in view of improving the FTA's commitments in the future. 
Moreover, in connection to Thailand's Telecommunication Services commitment under GATS, WT/REG387/3  
 
- 2 - 
 
  Thailand is in the process of revising the commitments and wil l notify the WTO when all relevant 
procedures are completed.  
 
1.3.  The Secretariat's Factual Presentation notes the difficulty of comparing Thailand's 
GATS schedule with this new agreement because of the use of a different classification 
schemes. One way that s uch challenges are overcome is through negative list scheduling 
of services commitments. Did the parties consider such an approach?  
 At the time of Thailand -Chile FTA negotiations, the negative listing approach was very new for 
Thailand. In addition, due t o limited resources, scheduling trade in services commitments in negative 
list would be time consuming. However, Thailand has recently committed to transpose the trade in 
services commitments from positive listing to negative listing approach under certain  agreements 
such ASEAN Trade in Services Agreement (ATISA) and Regional Comprehensive Economic 
Partnership (RCEP). Once the transition period under ATISA is over, there is the possibility for 
Thailand to consider adopting the negative list approach under o ther FTAs as well.  
 
__________