WT/GC/211  
 
4 May 2020  
(20-3418) Page: 1/7 
General Council  Original: English  
 
SECURING LDCS EMERGE NCY ACCESS TO ESSENT IAL MEDICAL AND FOOD  PRODUCTS  
TO COMBAT THE COVID -19 PANDEMIC  
COMMUNICATION BY CHAD ON BEHALF OF TH E LDC GROUP  
The following communication, dated 4 May 2020, is being circulated at the request of the delegation 
of Chad on behalf of the LDC Group.  
 
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1. Since the outbreak of the COVID -19 pandemic, governments have adopted a series of 
protective meas ures to slow down the progression of the virus and avoid the collapse of the health 
system. Some of these measures imply trade restrictions and can affect production and access by 
LDCs to critical medical goods and basic food products.  
 
2. According to the  WTO1, world trade in medical products amounted about $2 trillion in 2019 
and accounted for 5% of the total of merchandise trade. In April 2020, the World Customs 
Organization (WCO) produced with the support of the WHO "an indicative list " of 54 HS codes o f 
medical supplies used during the COVID -19 pandemic (see Annex I).  These include COVID -19 test 
kits; disinfectants and sterilization products; medical consumables (e.g. syringes, needles, 
intubation kits, or soap); oxygen therapy apparatus, medical device s (e.g. scanners, ultrasound 
machines, electrocardiographs, or infrared thermometers), protective garments (e.g. gloves or 
masks), vehicles like wheelchair and different medical and surgical furniture .  
 
3. Least developed countries (LDCs) depend heavily o n imports to secure access and availability 
of these medical supplies, as most of them don 't have the capacity to manufacture them directly. 
Between 2017 and 2018, LDCs imports of these medical supplies amounted to nearly USD 7.3 billion 
with disinfectant and medical consumable accounting for the majority of imported items. In recent 
months, however, several governments have imposed restrictions on trade in some of these medical 
goods out of the concerns that these could be in short supply dome stically. These measures have 
mostly taken the form of export prohibitions or export restrictions2.  
 
4. Besides medical goods, the FAO warns that a protracted pandemic crisis could quickly put a 
strain on global food supply, by affecting agricultural inpu ts, production, processing, shipping, or 
retailing. In response to a perceived risk of critical shortage, several WTO Members have already 
imposed export restriction or prohibitions on certain basic food products such as wheat, rice, or 
sugar. Such reactio ns can alter the balance between food supply and demand, resulting in price 
spikes and increased price volatility. This could in turn impact import -dependent countries and 
particularly LDCs' ability to purchase foods and meet their domestic demand.  
 
5. Under WTO law, Members have the right to adopt export rest rictions and prohibitions3. Such 
restrictions should however be notified to the WTO4.  
 
 
1 WTO (2020), "Trade in medical goods in the context of tackling COVID -19", WTO, Geneva.  
2 See https://www.wto.org/english/tratop_e/covid19_e/trade_related_good s_measure_e.htm   
3 In accordance with GATT Article XI:2 (a) and GATT Art. XX (b).  
4 In accordance with the 22 June 2012 Decision of the Council for Trade in Goods on Notification 
Procedures for Quantitative Restrictions (G/L/59/Rev.1) and Art. 12 of the Ag reement on Agriculture.  WT/GC/211  
 
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  6. The LDC Group is mindful of the need for all countries to safeguard the lives and health of 
their peoples.  However, as the number of WTO Members applying such restrictions increases, 
without some level of consideration for LDCs, these measures may seriously affect the availabilty of 
medical goods and basic foodstuffs in LDCs who rely on import to tackl e the COVID -19 pandemic.  
  
7. While noting the rights and obligations of Members5, given the gravity of the COVID -19 
pandemic, the reliance of LDCs on imports of essential medical goods and basic food products, and 
in view of the proliferation of trade res trictive measures, the LDC Group is hereby requesting non -
LDC Members : 
 
a. not to impose export prohibitions or restrictions within the meaning of Article XI:1 of the 
GATT 1994 with respect to the products listed in Annex I as identified by the WHO and 
WCO, and with respect to basic food products, when such products are requested  or 
purchased by LDCs for their domestic use or are exported for humanitarian purposes; and  
b. consistent with their WTO obligations under the Trade Facilitation Agreement, to expedite 
and facilitate the flow and transit and departure of all products listed in the Annex and 
food stuffs through their respective seaports and airports to reach LDCs for their domestic 
use.   
8. LDCs also urge such Members to refrain from similar measures in times of other crises as long 
as declared by a competent global organizat ion as pandemic, epidemic or similar serious catastrophe 
which may impact the LDCs.  
 
9. Members and the WTO Director -General are also requested to collaborate with other 
international organizations to support LDCs in their economic recovery as a result of this pandemic. 
The initiatives should include continued support to EIF and other programmes.  
 
_______________  
  
 
5 Under GATT Article XI:2 (a) and XX (b) and Agreement on Agriculture Article 12.  WT/GC/211  
 
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  ANNEX I: COVERED PRO DUCTS  
 
Products  Description  HS 
codes  
Section I. COVID -19 Test kits/ Instruments and apparatus used in Diagnostic Testing  
COVID -19 Test kits  Diagnostic reagents based on polymerase chain reaction (PCR) 
nucleic acid test.  3822 
COVID -19 Test kits  Diagnostic reagents based on immunological reactions  3002.15  
COVID -19 Diagnostic 
Test instruments and 
apparatus  Instruments used in clinical laboratories for In Vitro Diagnosis  9027.8  
Swab and viral 
transport medium set  A vial containing a culture media for the maintenance of a viral 
sample and a cotton tipped s wab to collect the sample put up 
together  3821 
Section II. Protective garments and the like  
Face and eye 
protection  Cellulose/paper mask  4818.5  
Face and eye 
protection  Textile face -masks , without a replaceable filter or mechanical 
parts, including surgical masks and disposable face -masks 
made of non -woven textiles. This includes the masks known 
as N95 Particulate Respirators.    6307.9  
Face and eye 
protection  Gas masks with mechanical pa rts or replaceable filters for 
protection against biological agents. Also includes such masks 
incorporating eye protection or facial shields.    9020 
Face and eye 
protection  Protective spectacles and goggles  9004.9  
Face and eye 
protection  Plastic face shields (covering more than the eye area)  3926.2  
Gloves  Plastic gloves  3926.2  
Gloves  Surgical rubber gloves  4015.11  
Gloves  Other rubber gloves  4015.19  
Gloves  Knitted or crocheted gloves which have been impregnated or 
covered with plastics or rubber  6116.1  
Gloves  Textile gloves that are not knitted or crocheted  6216 
Other  Disposable hair nets  6505 
Other  Protective unisex garments made of plastic sheeting, textile 
reinforced plastics or textile backed plastics.  3926.2  
Other  Protective unisex garments made of rubber sheeting, textile 
reinforced rubber or textile backed rubber.  4015.9  
Other  Paper or cellulose garments and clothing accessories such as 
disposable paper hospital gowns, paper shoe covers etc. These 
are covered he re provided that they are made of paper, paper 
pulp, cellulose wadding or webs of cellulose fibers.  Please 
check with the Customs administration in the importing 
country if they are not solely paper or cellulose as they may 
be classified elsewhere.  4818. 5 
Other  Protective garments for surgical/medical use made up of felt 
or nonwovens whether or not impregnated, coated, covered or 
laminated (fabrics of heading 56.02 or 56.03).  This includes 
spun-bonded garments.  6210.1  
Other  Unisex protective garments for surgical/medical use made of 
woven textiles of that are impregnated, coated, covered or 
laminated with plastics.  6210.5  
Other  Unisex protective garments made of rubberised textile fabrics  6210.5  
Section III. Disinfectants and sterilization products  
Alcohol solution  Undenatured, containing by volume 80% or more ethyl alcohol  2207.1  WT/GC/211  
 
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  Products  Description  HS 
codes  
Alcohol solution  Undenatured, 75% ethyl alcohol  2208.9  
Hand sanitizer  A liquid or gel generally used to decrease infectious agents on 
the hands ， alcohol -based type.  3808.94  
Other disinfectant 
preparations  Put up in forms or packings for retail sale such as rubs and 
wipes impregnated with alcohol or other disinfectants.  3808.94  
Medical, surgical or 
laboratory sterilizers, 
including autoclaves  Function using steam or boiling water   8419.2  
Hydrogen peroxide in 
bulk  Bulk H2O2 whether or not with solidified with urea.    2847 
Hydrogen peroxide 
presented as a 
medicament   H2O2 put up for internal or external use as a medicine, 
including as an antiseptic for the skin.  Only covered here if in 
measured doses or in forms or packings for retail sale 
(including directly to hospitals)  for such use.  3004.9  
Hydrogen peroxide 
put up in disinfectant 
preparations for 
cleaning surfaces  H2O2 put up as cleaning solutions for surfaces or apparatus.   3808.94  
Other chemical 
disinfectants  Put up in forms or packings for retail sale as disinfectants or 
as disinfectant preparations, containing alcohol, benzalkonium 
chloride solution or peroxyacids, or other disinfectants. This 
includes sodium dichloroisocyanurate (NaDCC) and calcium 
hypochlor ite (65 -70% active chlorine) when put up with a 
measurement spoon in the forms normally sold directly to 
hospitals and the like.   3808.94  
Section IV. Oxygen Therapy equipment and pulse oximeters  
Medical ventilators 
(artificial respiration 
apparatus)  Provides ventilation by moving breathable air into and out of 
the lungs.  This includes both: ventilator machines and 
compressible self -refilling ventilation bags that are normally 
supplied with a val ve and mask (also known as ‘bag valve 
mask’ (BVM) ventilators).   9019.2  
Extracorporeal 
membrane 
oxygenation (ECMO)  Provides prolonged cardiac and respiratory support by 
removing blood from the person's body and artificially 
removing the carbon dioxide a nd oxygenating red blood cells  9019.2  
Continuous Positive 
Airway Pressure 
(CPAP) units  Positive airway pressure ventilators, which apply mild air 
pressure on a continuous basis, to keep the airways 
continuously open in people who are able to breathe 
spontaneously on their own, but need help keeping their 
airway unobstructed  9019.2  
Bilevel p ositive airway 
pressure (BiPap or 
BPap) units  Similar to CPAP unit, except that the pressurized air is 
delivered at two alternating levels with a higher inspiratory 
positive airway pressure (IPAP) and a lower expiratory positive 
airway pressure (EPAP).  9019.2 
Oxygen concentrators  Devices designed to concentrate oxygen from ambient air and 
deliver the concentrated oxygen, typically through an attached 
nasal cannula (or prongs), to a patient requiring oxygen 
therapy.  These differ from oxygen plant in that they supply 
oxygen directly  to patients according to their specific needs.   9019.2  
Oxygen humidifiers 
for oxygen therapy 
applications  Medical devices that can be integrated into oxygen delivery 
systems to humidify supplemental oxygen when it is delivered 
at higher -than-standard f low rates, or the method of oxygen 
delivery bypasses the nose (e.g., through nasopharyngeal 
catheters)  9019.2  
Oxygen delivery 
devices to supply 
oxygen from the 
device to the patient  Oxygen masks; Venturi masks; Oxygen tents; Oxygen head 
boxes; and Similar oxygen delivery devices  9019.2  WT/GC/211  
 
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  Products  Description  HS 
codes  
Oxygen delivery 
devices to supply 
oxygen from the 
device to the patient  Nasal prongs (nasal cannulae): nasal cannulae consist of 
plastic tubes that end in two short tapered prongs that are 
placed in the nostrils for delivering oxygen.  9018.39  
Oxygen delivery 
devices to supply 
oxygen from the 
device to the patient  Nasal catheter: a thin, flexible tube that is passed into the nose 
and ends with its tip in the nasal cavity for delivering oxygen.  9018.39  
Flowmeter, Thorpe 
tube for oxygen 0 -
15L/min  The Thorpe tube flowmeter is composed of inlet and outlet 
ports, a re gulator, a valve and a clear tapered measuring tube. 
It is suitable for connection with various medical gas sources, 
such as centralized system, cylinders, concentrators or 
compressors. Standard (absolute, non -compensated) and 
pressure -compensated flowmete r versions, suitable for 
specific flow ranges.  9026.8  
Flow splitters  A device intended to distribute medical oxygen from a single 
source to multiple independent outlets.  9019.2  
Pulse oximeters  Devices for measuring the oxygen saturation of haemoglobin 
in arterial blood (SpO2). They use the principle of differential 
light absorption to determine SpO2 when the sensor (also 
called a probe) is applied to an area of the body (e.g. a finger, 
toe or earlobe).  9018.19  
Section V. Other medical devices and equipment  
Computed 
tomography (CT) 
scanners  Uses a rotating X -ray machine to image thin slices of the body 
to diagnose diseases such as pneumonia.   9022.12  
Ultrasound machines  Portable ultrasound machines are usually imported with their 
own specifically designed trolley and accessories  9018.12  
Electrocardiograph  Portable electrocardiographs are normally presented with 
various accessories   9018.11  
Multiparametric 
Patient Monitoring 
devices  Monitoring stations used for the continuous monitoring of 
multiple vital signs.  9018.19  
Laryngoscopes  * There is some variance between administrations as to the 
classification of endoscopes as either electro -diagnostic 
apparatus or other medical apparatus – please check with the 
relevant Customs administration    9018.19  
Colorimetric end tidal 
CO2 detector  Sizes compatible with child and adult endotracheal tube. 
Single use.  9027.8  
Infrared 
thermometers    9025.19  
Stethoscopes     9018.9  
Magill intubation 
forceps  Angled forceps used to guide a tracheal tube into the larynx or 
a nasogastric tube into the oesophagus under direct vision  9018.9  
Intubation kits  Reusable intubation kits  9018.9  
Infusion pump*, with 
or without accessories  *There is some variance between administrations as to the 
classification of infusion pumps as either pumps or other 
medical apparatus – please check with the relevant Customs 
administration    8413.19  
Electroni c drop 
counter, IV fluids  Counts the drops and calculates real -time drop rate  9028.2  
Medical suction 
pumps  Used to clear the airway of bodily secretions   9018.9  
Medical drills for 
vascular access   May be presented with accessories  9018.9  
Kidney basins   Shallow kidney -shaped basins made of stainless steel and 
used for the collection of bodily discharges and other sanitary 
purposes   7324.9  WT/GC/211  
 
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  Products  Description  HS 
codes  
Section VI. Other Medical Consumables  
Medical oxygen  Medical oxygen has as a minimum 82% pure oxygen, is free 
from any contamination, and is generated by an oil -free 
compressor.  This subheading includes both compressed 
oxygen supplied in cylinders and liquid oxygen.  2804.4  
Wadding, gauze, 
bandages, cotton 
sticks and similar 
articles   Impregnated or coated with pharmaceutical substances or put 
up in forms or packings for retail sale for medical use.  3005.9  
Surgical tape  Self-adhesive, hypoallergenic  3005.1  
Transparent adhesive 
plasters  Transparent adhesive plasters  3005.1  
Soap  Liquid or powder form  3401.2  
Soap  Bar form  3401.11  
Syringes, with or 
without needles  Syringes, with or without needles  9018.31  
Tubular metal needles 
and needles for 
sutures  Tubular metal needles and needles for sutures  9018.32  
Needles (except for 
tubular metal needles 
and needles for 
sutures), catheters, 
cannulae and the like   Includes, among other things:  · endotracheal tube s 
(catheters), with or without cuffs; · Nasopharyngeal airways 
(catheters); and · Oropharyngeal airways (catheters). 
Endotracheal tube introducers (bougies or stylets) are also 
classified here by virtue of Note 2 to Chapter 90.  9018.39  
Intubation kits  Single use disposable intubation kits  9018.9  
Disposable 
emergency 
cricothyrotomy set   Set for performing an emergency incision or puncture through 
the skin and cricothyroid membrane to establish a patent 
airway during certain life -threatening situations  9018 
Plastic hazardous 
waste disposal bags  Disposal bag for bio -hazardous waste, with  "Bio Hazard" print, 
autoclavable polypropylene, 50 or 70 micron thickness  3923.29  
Urine bags  Plastic bags for collecting urine, with outlet tap, with non -
return valve  3926.9  
Paper bed sheets  Paper bed sheets  4818.9  
Conductive gel for use 
in an ECG or 
ultrasound procedure  Used between the body and the ECG or ultrasound instruments 
to reduce the body’s impedance  3006.7  
Lubricating jelly  Lubricant for medical procedures  3006.7  
Section VII. Vehicles  
Wheelchairs  
 Carriages for disabled persons, whether or not motorised or 
otherwise mechanically propelled  8713.10 
8713.90  
Mobile clinics vehicles  Mobile clinics (medical) with operating theatre, anaesthetic 
equipment and other surgical apparatus.  8705. 90  
Mobile radiological 
vehicles  
 Mobile radiological units (e.g., fitted with an examination 
room, dark room and complete radiological equipment).  8705.90  
 
Section VIII. Other  
Medical or surgical 
furniture  
 Includes operating tables, examination tables, hospital beds 
with mechanical fittings, specially designed tables for 
instruments, anaesthetic or surgical supplies, and their parts  9402.90  
 
Pressure Swing 
Adsorption (PSA) 
oxygen plant for a 
central oxygen supply 
system of medical 
grade oxygen  Large, onsite, central sour ce of medical grade oxygen that is 
piped directly to terminal units within patient areas or used to 
refill cylinders. Plants adsorb nitrogen out of ambient air and 
filter out contaminants to provide a supply of oxygen that can 
be used in various oxygen the rapy apparatus.  They do not act 
as therapeutic devices themselves, but simply create a supply 
of oxygen for use in therapeutic devices.  8421.39  WT/GC/211  
 
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  Products  Description  HS 
codes  
Empty medical gas 
cylinders, portable, 
for oxygen, fitted with 
a valve and a 
pressure and flow 
regulator  Steel or steel alloy  
 7311.00  
Aluminium  7613.00  
 
 
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