. /.   WORLD TRADE  
ORGANIZATION  G/RO/W/127 
2 September 2009 
 (09-4122) 
Committee on Rules of Origin Original:   English 
  
 
CHINA’S COMMENTS ON DO CUMENT G/RO/W/111/REV.4 
 
  The following communication, dated 25 August 2009, has been received from the Delegation 
of P. R. China. 
 
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  In reviewing the textual contents of the Conso lidated Text of Non-preferential Rules of Origin 
(C/RO/W/111/Rev.4), the Delegation of P. R. China wishes to share its comments with other 
Members with the aims to the further improvement of the harmonization work.  
 1.  Heading 04.04  doesn’t have an actual split heading fo r its own description is the same as to 
the relevant split heading.  Therefore, it is sugg ested that relative descrip tions of split subheadings 
ex0404.10(a) and ex0404.90(b) be adjusted accordingly. 
 
2.  Split heading ex15.21(a) 
 
 Primary rule of split heading ex15.21(a) is ch anged to “CTHS” from “CTHS or change by 
refining”.  A necessary clarification is required for the reason of the change. 
 
3. “Criterion to apply Appendix 2 Rule  l(g)”of Chapters 31, 32 and 92 through 97 
 
 It is evident that Chapter notes of “Criterion to apply Appendix 2 Rule l(g)” for  Chapter 31 
and 32 of G/RO/W/111/Rev.2 were deleted in the recent G/RO/W/111/Rev.4 and criterion for 
Chapters 92 through 97 are changed to “weight” fro m “value”.  A necessary clarification is required 
for the reason of the change. 
 
4.  Subheading 2525.10 
 
 The wording of “this heading” in the primary rule of this subheading should be “this subheading”. 
 
5. Heading 30.02 
 
 Since there is a primary rule at heading leve l, the subheadings under this heading could be 
deleted. 
 
6.  Heading 82.06  
 
 The primary rule of this heading is ch anged to “CTH, except when resulting only from 
putting up in sets” from “CC”.  A necessary clarifi cation is required for the reason of the change.  
 G/RO/W/127 
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  7.  There are some wording discrepancies on orig in conferring in Chapter notes of the current 
Draft text.  Those are “be considered as substa ntial transformation”, “be considered as origin 
conferring”, and “is to be considered origin conf erring” etc.  We suggest that they be somehow 
aligned.  8.  Rules for subheadings, as listed below, are still missing in the current Draft text  
 Subheading 8411.99, 8420.99, 8439.99, 8448.19, 8453.20, 8453.80, 8455.30, 8508.20, 
8508.80, 8530.80, 9014.20, 9014.80, 9025.80, 9403.70, 8483.40, 8483.50 and 8483.60.  
9.  It is unclear how to apply some subsidiary rule/rules which are cited at certain heading and 
subheading levels (including HS 8471.49, 84.73(b), 8482.10, 8483.20, 90.03).  China suggests that the application of these subsidiary rules be clarified.  10.  China previously suggested at CRO meeting of June that the affiliation between “Primary 
rules” at Chapter level and “Chapter notes” be resorted and we are happy to see the problem has been 
addressed in G/RO/W/111/Rev.4.  However, some ne gative criteria are still cited in “Primary rules”at 
Chapter level.  It is suggested that all the negativ e criteria be transformed into “Chapter notes”, while 
only positive ones figure in “Primary rules”.  The Chap ter notes involved include,  Chapter 16, 30, 31, 
32, 33, 34, 35, 38, 40, 42, 43, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 72, 73, 74, 75, 76, 78, 79, 80 and 81. 
 
11.  The sequence of residual rules in Appendix 2 Rule l 
 
 Certain problem may occur in this practice:  suppose that country A imports cement clinker 
(HS 2523.10) originated in country B and mixes it with the same material which is originated in 
country A into the final product.  If the clinker originated in country A takes the greatest proportion 
by weight in the final product, acco rding to the current sequence of application of the residual rules, 
the origin of the final product shall be country B rath er than country A.  In order to solve the problem, 
China suggests that the sequence of the residual rules (d) and (e) be reversed. 
  
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