. /.  WORLD TRADE  
ORGANIZATION  WT/L/619 
7 September 2005 
 (05-3919) 
  
  
INTRODUCTION OF  HARMONI ZED SYSTEM 1996 CHANGES  
INTO WTO SCHEDULES OF TARIFF CONCESSIONS 
 
Malaysia – Schedule XXXIX
 
 
Decision of 27 July 2005* 
 
 The General Council,   Considering  that the Members of the WTO, by  their Decisions of 13 December 1995, 
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999, 
4 November 1999, 3 May 2000, 8 December 2000 and 8 May 2001
1, acting pursuant to the provisions of 
paragraph 3 of Article IX of the WTO Agreement, su spended the application of the provisions of Article 
II of GATT 1994 until 30 April 2002, for the purpose of  enabling the Members listed in the Annex, 
including Malaysia, to implement the recommen ded amendments to the Harmonized System 
nomenclature;  
 Considering  that by their decision of 8 May 2001, Me mbers of the WTO al so agreed that it 
would be the last time that an extension of the HS96  waiver would be granted on a collective basis, but 
that this would not, however, preclude Members from requesting waivers on an individual basis; 
  Considering that the Members of the WTO, by thei r Decisions of 13 May 2002, 24 July 2003, 
and 17 May 2004 acting pursuant to th e provisions of paragraph 3 of Ar ticle IX of the WTO Agreement, 
suspended the application of the provisions of Arti cle II of GATT 1994, until 30 April 2005, for the 
purpose of enabling Malaysia to implement the reco mmended amendments to the Harmonized System 
nomenclature
2; 
  Noting  that Malaysia has requested a waiver for the reasons explained in its request
3; 
 
 Considering  that Malaysia would need more time to notify the WTO Secretariat of the 
corrections to its schedule,   Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement, 
 
 Decides, in view of the exceptional circumstances, to  suspend the application of the provisions 
of Article II of GATT 1994, until 30 Ap ril 2006, for the purpose of enabling Malaysia to implement the 
recommended amendments to the Harmonized Sy stem nomenclature, subject to the following 
conditions: 
  
                                                     
 
* Secretariat note :  Adopted in accordance with the Decision -Making Procedures under Articles IX and 
XII of the WTO Agreement agreed by the Gene ral Council in November 1995 (WT/L/93). 
1WT/L/124+Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338, 
WT/L/351, WT/L/379 and WT/L/400. 
2 WT/L/465, WT/L/529, and WT/L/569. 
3 G/L/734. WT/L/619 
Page 2  
 
  (i) Malaysia shall, where necessary, prompt ly enter into negotiatio ns and consultations 
with interested Members pursuant to paragraphs 1-3 of Article XXVIII of 
GATT 1994; 
  (ii) the negotiations and consultations menti oned above shall be comp leted not later than 
30 April 2006; 
  (iii) Pending entry into force of the results of the negotiations or consultations mentioned 
above, the other Members will be free, pur suant to Article XXV III:3, to suspend 
concessions initially negotiated with Malaysia to the extent that they consider that 
adequate compensation is not offered by Malaysia. 
 
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