G/TBT/W/574  
 
4 December 2018  
(18-7632) 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  
14 AND 15  NOVEMBER  2018 
The f ollowing communication, dated 3 December  2018, 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 
June 2018, regarding t he negative trade and environmental impacts resulting from China 's import 
ban on certain recovered materials, and accompanying measures.  
2.  China has made certain references to environmental concerns and has invoked the legitimate 
objective of environmental protection as the rationale for the measures.  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 enviro nmental 
concerns.  China 's current approach appears to be having the opposite effect.  For example, the most 
likely outcome of China 's ban on post -consumer plastics and restriction of trade in post -industrial 
plastics is that reusable plastics will be redire cted from productive purposes, such as recycling, to 
the waste stream.  
3.  The United States, of course, recognizes and appreciates China 's interest in addressing valid 
environmental concerns.  We have repeatedly requested meetings with experts from China 's Ministry 
of Environmental Protection (MEP) 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 rest rictive manner possible.  Yet, China has 
declined all such requests.  
4.  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.  In fact, China recently expanded the scope of restricted materials.   
5.  On 19 April  2018, several ministries issued a notice adding 32 new types of scrap and waste to 
the Catalogue of Prohibited Import Solid Waste.  The United States reque sted, via Inquiry Point 
message, that this new notice be notified, as it now prohibits a large selection of materials.  China 
declined the request.  The United States urges continued transparency as these amendments and 
revisions are released.  
6.  The United Sta tes requests that China immediately suspend implementation of its import ban 
and its import control standards for recovered materials.  We urge China to break its silence 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.  
7.  In July, China released 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 overly broad scope of 
"solid waste, " which can result in a blanket import ban on recyclable materia ls.  G/TBT/W/574  
 
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  8.  However, 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 global marketplace (i.e., they have 
an underlying economic value).  These qualities make a c lassification of recyclable materials as 
"waste " inaccurate.  
9.  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.  
10.  We request that China observe the normal 60 -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 6 -month minimum 
timeframe for technical regulations.  
11.  For a vast number of materials outlined in both the ban and import control standards, China 
appears to have no mandatory commensurate domestic standard in place.  
12.  For example, for the 21 categories of non -ferrous metal commodities subject to China 's import 
control standard notified in G/TBT/N/ CHN/1228, China appears to have only voluntary standards i n 
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 specified in the measure.  
13.  We remain concerned that a ban and related import control standards with such a broad scope 
may be more trade restrictive than necessary to fulfil the stated objectives, and that there appear 
to be fundamental differences between requirements for foreign a nd domestic commodities.  
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