WORLD TRADE  
ORGANIZATION  TN/MA/W/103/Rev.3/Add.1
21 April 2011  
 
(11-2049) 
Negotiating Group on Market Access  
  
 
TEXTUAL REPORT BY THE CHAIRMAN, AMBASSADOR LUZIUS WASESCHA, ON 
THE STATE OF PLAY OF THE NAMA NEGOTIATIONS 
 
Addendum
 
 
Introduction  
 
1. I have divided this textual report into three pa rts.  The first part contains my comments on the 
current status of the non-NTB area of the December 2008 NAMA draft modalities contained in TN/MA/W/103/Rev.3 (hereafter referred to as the "December 2008 NAMA text").   In the second 
part, I have reflected the work-in-progress concer ning NTBs, and finally in the third part I have 
provided some comments on the way forward.  
 
Part 1  Current status of the non-NTB area of the December 2008 NAMA text
 
 
2. Regarding the December 2008 NAMA text (a ttached as Annex E), I have the following 
comments:  
  (i) With regard to the market access issues  that Members are addressing bilaterally or 
plurilaterally outside the framework of th e Negotiating Group, especially with regard 
to sectorals,  I have no elements to re port on besides the updates provided by the 
Members involved in them as contained in JO B/MA/85.  In this context, I would also 
note the submission by the ACP on sectorals  contained in JOB/MA/87 which puts the 
emphasis on the link between sectorals and preference erosion.  These elements do not, in my view, provide me with additi onal inputs in order to change the present 
wording in the December 2008 NAMA text related to sectoral negotiations.  At this stage, I do not think it appropriate for me to address the issue of the divergence in 
views between some Members about the a ppropriate level of ambition which is 
considered to be the main stumbli ng block of the NAMA negotiations since 
mid-2008.  For additional information, see the Director General's report on his consultations on NAMA sectorals.  
 
 (ii) Concerning paragraph 7(e), South Africa ha s indicated to me that the situation has not 
improved since 2008, and that their request  for specific flexibilities remains on the 
table.  It will be recalled that on 17 December 2008, following negotiations, I had 
proposed the language included below which I believed to be where we were in the 
discussions concerning South Africa's request for specific flexibilities: 
 
  "1. As an exception, Botswana, Lesotho, Namibia, South Africa and Swaziland 
shall include a common list of flexibilities in  their schedules and shall have recourse 
to [6][8]
1 additional percentage points in the flexibility provided under 
                                                      
1 6 if the coefficient is 22, and 8 if the coefficient is 20.   TN/MA/W/103/Rev.3/Add.1 
Page 2  
 
  paragraph 7(b)(i)
2.  In addition, three of these percentage points, which shall be used 
only in respect of tariff lines falling within the clothing [and footwear] sectors (HS chapters 61-62 [and 64]), shall benefit from a grace period of [3][5]
3 years which 
shall be implemented as follows: the first reduction on these lines shall be implemented three years after the first reduction required under paragraph 6(f) and 
each successive reduction shall be made effective on 1 January of each of the 
following years.  
   2. South Africa commits to negotiate, at the time of establishment of 
modalities
4, the terms of two sectoral initiatives of its choosing, without prejudice to 
its final decision to participate in those outcomes."   
   Other Members reserve their right to come back to this wording.     (iii) Concerning paragraph 7(h), Argentina has announced that it will present 
supplementary figures in order to further substantiate its continuous need for 
additional flexibilities. 
  (iv) Concerning paragraph 7(i), the Bolivar ian Republic of Venezuela has informed me 
about the persistence of the structural probl ems in their foreign trade balance and that 
they still need to negotiate additional flexibilities in light of that situation.  
 
 (v) Concerning paragraph 8,  consultations will be held with Kenya and others on the 
issue of whether being a party to a customs union has affected their ability to take on commitments as provided for in that paragraph. 
 
 (vi) Concerning paragraph 13  on Small, Vulnerable Economies it will be recalled that 
Maldives was recently graduated from LDC stat us.  In light of their new situation, 
Maldives would be eligible to apply th e SVE modality.  However, they have 
requested additional flexibility; a concern which will be addressed in consultations.  
  (vii) A few of the Members reflected in Annex 4 (disproportionately affected Members 
such as Bangladesh and Sri Lanka) have expr essed concerns about either what they 
consider the limited number or value of th e tariff lines allotted to them.  Many other 
Members have cautioned against re-opening th is issue for fear of destabilizing the 
entire non-reciprocal preference erosion pack age and every other "stabilized part" of 
the text.  
 
 (viii) Concerning paragraph 21 on supplementa ry modalities, I would note the contribution 
by Israel on a request-offer approach in  the NAMA negotiations contained in 
JOB/MA/84.   
 
Part 2    State of play of the NTB NAMA negotiations
 
 
3. The focus of the Negotiating Group's activiti es has been on NTBs since the beginning of 
2009.  Even if it is still work in progress, Memb ers will find attached in Annexes A, B and C the 
results achieved so far, namely on the Horizont al Mechanism, textile labelling and transparency. 
                                                      
2 The attention of Members is called to the loss of tariff revenue by Lesotho, Botswana, Namibia and 
Swaziland resulting from these tariff reductions, and in pa rticular the LDC status of Lesotho. This loss of 
revenue may warrant a priority for ta rgeted Aid-for-Trad e assistance.   
3 3 if the coefficient is 22, and 5 if the coefficient is 20. 
4 Provided this is the common understanding among all participants.   TN/MA/W/103/Rev.3/Add.1 
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  There is a significant potential NTB-package within reach which would inter alia constitute a series 
of improvements to the functioning of the TBT agr eement, create stimuli for legislators to privilege 
the reference to international st andards and to diminish the tende ncy to deviate from international 
standards.  All NTB documents submitted since late  2008 until 19 April 2011 have been referenced in 
document TN/MA/S/21/Rev.6, including the proposals on autos  (EU proposal in 
TN/MA/W/118/Rev.2 + Corr.1 and US/Canada proposal in TN/MA/W/139), chemicals  
(Argentina/Brazil/India proposal in TN/MA/W/135/Rev.1 and EU proposal in TN/MA/W/137/Rev.1), electronics
 (EU proposal in TN/MA/W/129/Rev.1 and US proposal in TN/MA/W/105/Rev.3), and the 
Framework proposal  (TN/MA/W/136).  
 
4. My specific remarks on the proposals or areas on which we have been focussing our attention 
during the last few months are as follows:    (i) The draft Ministerial Decision on Procedures for the Facilitation of Solutions on Non-
Tariff Barriers (Horizontal Mechanism)  has received large support in the 
membership.  Questions of scope, role of  committees and the relationship between 
DSU and this procedure need still further consultations. The draft as of today is 
attached in Annex A. 
  (ii) With regard to remanufactured goods
, Members are in agreement that issues related 
to these goods should be part of a work  programme to be conducted after the 
conclusion of the negotiations.  However, large divergences appeared in the drafting 
group with regard to how to address re manufactured goods.  The co-sponsors' 
proposal is contained in TN/MA/W/18/Add.16/Rev.4, and India's proposal on the workshop is contained in JOB/MA/78. 
 
 (iii) A draft decision on labelling on tex tiles, clothing, footwear and travel goods
 has 
generally been welcomed by the membership. A certain number of issues remain, however, for further negotiations. The state of play is reflected in Annex B. 
  (iv) Members have intensively worked together to identify common language on 
TBT-related transparency
 issues. This language is reflected in Annex C.  One 
difficult issue to address is the question of how and to what extent contributions from 
non-governmental interested stakeholders should be taken into account. Other matters 
relating to the nature and scope  of information to be provided in notifications of draft 
measures including the question of balance of rights and obligations between Members that use WTO languages and those w ho do not has to be further discussed.   
 
 (v) On international standards
, the idea of legally strengthening the six TBT Committee 
Principles for the Development of Interna tional Standards to better facilitate the 
cooperation between standard setting bodi es and the TBT Committee is generally 
well received.  Indeed Members also agree that the negotiations should ensure better 
participation of developing country represen tatives in international standard setting 
bodies. Whilst the idea of further promo ting the use of relevant international 
standards is welcomed, a certain number of  Members are opposed to the idea that the 
TBT Agreement should mention expressis verbis  standard setting bodies. 
Brainstormings and small group consultations  need to be pursued to reach agreement 
in this area.  Informal discussions brought  also forward the idea of a Forum where 
international standard setting bodies, national regulators, private sector 
representatives (standard users) and trade policy members meet on a regular basis.  Such an approach could be included in a TBT-related decision.  The proposals on 
which discussions have been based are:  the ACP paper in JOB/MA/80; Korea's 
proposal in JOB/MA/83, a proposal fro m the EU, India, Indonesia, Norway, TN/MA/W/103/Rev.3/Add.1 
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  Philippines, Switzerland and Thailand in TN/MA/W/142, a proposal from the United 
States in TN/MA/W/141. A very recent document has been submitted by the ACP group (JOB/MA/88) which would need to be discussed. 
  (vi) In the area of conformity assessment
, there has been much discussion among the 
membership, but work on drafting needs to start in earnest on the basis of proposals 
which would include an ACP contribution in JOB/MA/82; Korea's proposal in JOB/MA/83 and a merged proposal from two delegations which still has to be 
advanced. 
 
5. The contributions on transparency, internati onal standards and conformity assessment were 
derived from sectoral proposals and complemented  by the framework of industry-specific NTB 
proposals.  Members will have to decide inter alia  whether (1) there will be a specific horizontal 
decision on these issues in all sectors; or (2) only for sectors that have been introduced in the NTB negotiations; or (3) parallel identical provisions on these issues for the sectors under examination. 
This will need further discussions in the Negotiating Group. 
 6. The way I would see the NTB package struct ured is attached in Annex D for further 
discussion.  7. It is my understanding that all proposals a nd contributions presented by Members remain on 
the table until there is an agreem ent on the whole package of NTBs.  
 8. The six proposals commonly described as wa gon 2 proposals remain without changes. Their 
authors have agreed to discuss the future approach to  be chosen for them at a later stage and recognize 
the principle of equal treatment of all six proposals of wagon 2.  
 
9. Until the finalization of the above-mentione d work in progress, the wording in the 
December 2008 NAMA text remains and would have to be adapted in light of the potential outcomes.  
Even though this NTB package is still work in pr ogress, the whole chapter underlines the potential 
capacity of the WTO Members to upda te the rule-based system in an  area which will have a growing 
importance in the context of future trade and ther efore for the development of the rule-based system. 
The technicality of many issues and the number of sp ecific cases which can hamper trade in this area, 
as well as the often difficult balancing of governme ntal legitimate interests and trade interests may 
lead Members to analyze in an indepth way th e adequate methodologies to address NTBs and to 
strengthen the permanent structures to address them on a multilateral level. In the meantime, 
Members should pursue the negotiations in the Negotiating Group with a view to finalizing this 
package. 
 
Part 3   The way forward
 
 
10. The TNC will discuss the matter on how to m ove forward. With regard to the Negotiating 
Group, Members may wish to consider the contin uation of the work on NTB where there are still 
prospects to make progress in the immediate fu ture. The guidelines of the TNC will direct our 
activities in the Negotiating Group including the timing of future meetings.   
Luzius Wasescha  TN/MA/W/103/Rev.3/Add.1 
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  ANNEX A   
 
Ministerial Decision on Procedures for the Facilitation of Solutions to Non-Tariff Barriers  
  Recalling that in paragraph 16 of the Doha Mini sterial Declaration, Annex B of the 
Framework Agreement and paragra ph 22 of the Hong Kong Ministerial Declaration, Members agreed 
to negotiations on [market access for non-agricultural products] aimed at, inter alia , reduction or as 
appropriate elimination of non-tariff barriers (NTBs), in particular on products of export interest to 
developing countries,     
 [Scope?] 
 Conscious of the fact that non-tariff measures vary significantly in form, effects and 
objectives, and that they can serve legitimate a nd important purposes pursued by Members, whilst 
non-tariff measures may also constitute barriers that can restrict market acc ess opportunities for other 
WTO Members and potentially impair benefits sought to be achieved from the reduction or 
elimination of tariffs,  
 Recognizing that flexible and expeditious procedur es of a conciliatory and non-adjudicatory 
nature, involving a facilitator, may assist efforts by  Members to raise and address concerns regarding 
possible non-tariff barriers and promote jointly agreed outcomes in a manner that promotes trade and prevents disputes ,    
 
 Affirming that the procedures established under this  Decision neither alter nor address the 
rights and obligations of Members under the WTO Agreement,  
 Seeking to  further the objectives of existing procedures in WTO bodies, 
 Emphasizing that the procedures established under this Decision are not intended to affect the 
rights and obligations of Members under the Unde rstanding on Rules and Procedures Governing the 
Settlement of Disputes,  
 Decide  as follows: 
 
G
ENERAL PROVISIONS   
1. Any Member may seek to address through r ecourse to the procedures set out below its 
concerns regarding any non-tariff measure of a Me mber, as specified in Annex 1 of this Decision, 
which it believes is adversely affecting its trade.   
2. These procedures shall neither add to nor diminish the rights and obligations of Members 
under the WTO Agreement, and are without prejudi ce to Members' rights and obligations under the 
DSU.    [They are not intended to serve as a basis for the interpretation or the enforcement of specific 
obligations under the WTO Agreement or for disput e settlement procedures, or to impose new policy 
commitments on Members.]    3. These procedures shall be applied in the context of the relevant WTO Committees.
1  Members 
shall not be prevented from pursuing any concerns regarding any non-tariff measure of a Member at 
                                                      
1 The relevant WTO Committee is the Committee  overseeing the operation of the WTO Agreement that 
the requesting Member reasonably determin es is most closely related to the m easure at issue. If there is no such 
Committee for a particular measure, the Council for Trade in Goods shall be considered the relevant WTO 
Committee for the purposes of  these procedures.   TN/MA/W/103/Rev.3/Add.1 
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  the Committees, notwithstanding its simultaneous recourse to these procedures to address the same 
concerns, and vice-versa.  
 
[For some Members, the objective of the "C ommittee First" approach is not yet satisfied 
with the changes in this paragraph.] 
 4.  The requesting and responding Members (defined  in paragraph 6(a), and hereinafter "the 
parties") may agree to modify the time limits specified in this Decision.  
 5. [There will be an integrated paragraph on Special and Differential Treatment and 
Technical Assistance under Final Provisions.]  
5bis [To be addressed here or in paragraph 19]  
 
P
ROCEDURES FOR ADDRESSING CONCERNS REGARDING A NON-TARIFF MEASURE A MEMBER 
BELIEVES TO BE AFFECTING ITS TRADE  
 
Stage I Procedures  
 
6. (a)  Any Member (the "requesting Member ") may, individually or jointly with other 
Members, initiate Stage I of these proce dures ("Stage I") by submitting in writing to 
another Member (the "responding Member") a request for information regarding a 
non-tariff measure which it believes is adversely affecting its trade.  
 (b)  The request shall: 
  (i) identify the specific measure or describe the situation at issue ;   
 (ii) explain the alleged adverse effects that the requesting Member believes   
  the measure or situation has on its trade; and   
 (iii) specify what information is being sought.  
 (c) Before initiating a request, the requesting Member shall exercise its judgement as to 
whether the information requested is alr eady available publicly or through other 
official channels and whether action und er these procedures would be fruitful.   
 7. The responding Member shall provide, within [20]  days of the date of receipt of the request, 
to the extent practicable, a written response contai ning its comments on the matter contained in the 
request.  Where the responding Member considers that  a response within [20] days is not practicable, 
it shall inform the requesting Member of the reasons for the delay, together with an estimate of the 
period within which it will provide its response.  8. Upon submission, the requesting Member shall at  the same time notify its request or summary 
thereof to the relevant WTO Committee
2, through the Secretariat. When  providing its response to the 
requesting Member, the responding Member shall at  the same time notify its response or summary 
thereof to the relevant WTO Committee, through the Secretariat.  Following receipt of these 
notifications, upon the request of either the reques ting or the responding Member, the Chairperson or 
one of the Vice Chairpersons of the relevant WTO Committee shall convene a meeting with the 
                                                      
2 If the Committee to which these communications were notified considers itself not to be the relevant 
Committee, it shall forward the notifications to the Co mmittee overseeing the opera tion of the WTO agreement 
most closely related to the measure at issue, or if it is  unclear which WTO agreement is  most closely related, to 
the Council for Trade in Goods.   TN/MA/W/103/Rev.3/Add.1 
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  parties to inter alia  address any outstanding issues and expl ore possible next steps. Meetings 
convened may only be cancelled by mutual consent of the parties.  
Stage II Procedures  
 
9. Following Stage I, the parties shall decide  on whether to proceed to Stage II of these 
procedures ("Stage II").   Stage II may only be initiated by mutual agreement of the parties.  If one of the parties requests to proceed to Stage II, the othe r party shall accord sympathetic consideration to  
that request.   
 
10. Immediately after taking any decision to proceed  to Stage II, the parties shall jointly notify 
this decision to the relevant WTO Committee, through the Secretariat.    11. Any other Member may submit a written request to the parties to participate in Stage II as a 
third party within [10] days of the date of circul ation of the notification under paragraph 10.  Such 
other Member may participate in Stage II if the pa rties so agree and on the terms agreed to by the 
parties.  11bis.  The requesting or responding Member may terminate Stage II at any time.  The party 
terminating Stage II shall promptly notify the te rmination to the relevant WTO Committee, through 
the Secretariat.  
 
Appointment of a Facilitator  
 
12. If the parties agree to initiate Stage II, they sh all appoint a facilitator.  The facilitator shall be: 
1) the Chairperson of the relevant WTO Committee, or if it is unclear which agreement is most 
closely related, the Chairperson of the Council for Trade in Goods, 2) one of the Vice Chairpersons of 
the relevant WTO Committee; or 3) a Friend of the Chairperson.  If the parties cannot agree on the appointment of a facilitator within [15] days of the initiation of Stage II
3, the Chairperson of the 
Council for Trade in Goods shall, in consultation w ith the parties, appoint the facilitator within an 
additional [10] days.  The selection of the facilitato r shall take place in accordance with Annex 2 of 
this Decision. 
 
Seeking a Jointly Agreed Outcome  
 
13. The facilitator, in consultation with the par ties, shall have full flexibility in organizing and 
full discretion in conducting the deliberations under these procedures. In assisting the parties, the 
facilitator shall take into account possible capacity  constraints of developing country parties.  
Meetings normally should take place on WTO premi ses, unless the parties agree on another site. The 
facilitator and the parties may rely on existing work ing procedures of the relevant WTO Committee to 
the extent they are suitable for the prompt resoluti on of concerns regarding the measure.  The parties 
may agree to use video conferencing and other telecommunication facilities. 
14. Either party may present to the facilitator a nd the other party any in formation that it deems 
relevant in accordance with paragraph 20.   
 
15. In assisting the parties, in an impartial and transparent manner, in bringing clarity to the 
measure concerned and its possible trade -related effects, the facilitator may: 
 
                                                      
3 The date of initiation of Stage II is understood to be the date of circulation of the notification 
announcing the decision as provided for under paragraph 10. TN/MA/W/103/Rev.3/Add.1 
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  (a) offer advice and suggest possible ways to address the concerns raised, taking into 
account the information presented by the parties, provided that any such advice and suggestion shall not pertain to questions of  WTO consistency, the parties' rights and 
obligations under the WTO Agreemen t, or the measure's objective; 
(b) organize meetings between, and meet individuall y or jointly with, the parties, in order 
to facilitate discussions on the measure and to assist in reaching a jointly agreed 
outcome; 
(c) seek assistance of the WTO Secretariat;  
(d) consult with relevant experts and stakeholde rs, subject to agreement by the parties; 
(e) provide any additional support requested by the parties.  
16. The parties shall endeavour to reach a jointly agreed outcome within [60] days from the date 
of appointment of the facilitator.  Pending the final outcome, the parties may consider possible 
temporary action in situations of urgency, for inst ance if the issue relates to perishable or seasonal 
goods.  Any temporary action taken shall be immediat ely and jointly notified by the parties to the 
relevant WTO Committee, through the Secretariat.  
Final Provisions  
Role of the Committee 
18. (a)  The facilitator shall provide a written report to the Committee which shall be based 
on the notifications made and shall descri be any jointly agreed outcome or absence 
thereof.  
(b) If a Member so requests, the Chairper son of the relevant WTO Committee shall 
provide an opportunity for an exchange of views during a meeting of the Committee 
on any notification made pursuant to this Decision and any report by the facilitator. 
(c) The Committee shall review the functioning of these procedures on the basis of a 
yearly report from the facilitators concerni ng the implementation of these procedures.  
DSU Link 
19.    [Language is forthcoming] 
Confidentiality 
20. All meetings pursuant to this Decision shall be  confidential and without prejudice to the rights 
and obligations of any party or other WTO Member in any proceeding under the DSU.  
  Any information (whether provided in oral or written form) that a Member provides pursuant to this Decision shall be non-confidential unless de signated by that Member as confidential. Unless 
otherwise agreed by the parties, information d esignated as confidential will be shared only among 
persons involved in the procedures. The confiden tiality designation may not be extended to factual 
information already existing in the public domain.    [20bis.  Nothing in this Decision shall require Me mbers to disclose confidential information, 
[[including information] which would impede law enfo rcement or otherwise be contrary to the public  TN/MA/W/103/Rev.3/Add.1 
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  interest or would prejudice the legitimate commercia l interests of particular enterprises, public or 
private.]]  20ter .  In addition to the parties, any other person involved in these procedures such as the 
Chairpersons, Vice-Chairpersons, facilitators or any experts, as well as any third party admitted to the 
procedures under paragraph 11, shall be bound by th e confidentiality requirements pursuant to these 
procedures.   
Special and Differential Treatment and Technical Assistance 
 
21.    [Language is forthcoming] 
 
Application and Review 
22. The Council for Trade in Goods and the rele vant WTO Committees shall apply this Decision 
and implement it within the framework of their activity  from the date of the adoption of this Decision. 
The Council for Trade in Goods and each Committee to  which this Decision applies may decide, by 
consensus, to modify certain procedural aspects of this Decision.  Such modifications shall apply only 
within the Council or Committee that has adopted the modifications and only to procedures initiated 
after the date of adoption of the modifications.  
 23.     Review or sunset clause 
 
Annex 1 
 
[Issue of scope to be addressed] 
 
Annex 2 
 
 Insofar as the facilitator agreed upon by the par ties or appointed by the Chairperson of the 
Council for Trade in Goods in accordance with paragr aph 12 of this Decision is not the Chairperson 
of the relevant WTO Committee, or one of the Vice Chairpersons:  
 1. Facilitator shall be well-qualified govern mental or non-governmental individuals. 
2. Facilitator shall serve in their individual capacity and not as government    
 representatives, nor as representatives of any organization.  
3. Facilitator shall not be citizens of Memb ers whose governments are parties to these  
 procedures, unless the parties agree otherwise.     4. Facilitator shall be free from any conflict of interest in the issue concerned.   
  
5. Facilitator's expenses, including travel and subs istence allowance, shall be met from the WTO 
budget in accordance with the criteria adopted for panellists under Article 8.11 of the DSU. TN/MA/W/103/Rev.3/Add.1 
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  ANNEX B 
 
Understanding on the Interpretation of the Ag reement on Technical Barriers to Trade with
 
respect to the Labelling of Textiles, Clothing, Footwear, and Travel Goods  
 
Members , 
 
 Recalling  that pursuant to paragraph 16 of the Doha  Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or, as appropria te, eliminating tariffs and non-tariff barriers on 
non-agricultural products, in particular on products  of export interest to developing countries; 
 
 Recognizing  the important contribution of the textile, clothing, footwear, and travel goods 
sectors to global economic growth and development; 
 
Desiring  to promote cooperative and effective a pproaches to address unnecessary obstacles to 
international trade and enhance trade in tex tiles, clothing, footwear, and travel goods; 
 
Taking into account  that labelling has an important f unction of informing consumers of 
certain characteristics of textiles, clothing, footwear, and travel goods; 
 
Reaffirming  their existing obligation under the Agre ement on Technical Barriers to Trade 
(TBT Agreement) to ensure that technical regula tions and conformity assessment procedures are not 
prepared, adopted, or applied with a view to or  with the effect of creating unnecessary obstacles to 
international trade;   
 
Recognizing  that no Member should be prevented from taking measures necessary to ensure 
the quality of its exports, or for the protection of human, animal or plant life or health, of the 
environment, or for the prevention of deceptive pr actices, at the levels it considers appropriate;  
 
Desiring  to interpret, elaborate and build upon the provisions of the TBT Agreement as they 
apply to labelling requirements for textil es, clothing, footwear, and travel goods; 
 
Recognizing  that developing Members may encounter special difficulties in applying this 
Understanding;  
 
 Hereby agree  as follows: 
Scope 
 
1. This Understanding applies to th e labelling of products [for reta il sale] specified in the Annex 
to this Understanding.    
 
[Specific language on intermediate goods is being considered. This issue covers some paragraphs 
in the text as well as the annex.]   
 
Labelling 
  
2. If a Member requires information on a label, it shall attempt to limit such information to the 
following items: 
  TN/MA/W/103/Rev.3/Add.1 
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  2.1 with respect to textiles and clothing, fiber content, country of origin1, size, and care 
instructions;  
2.2 with respect to footwear, predominant materials of core parts2, size and country of 
origin;  and 
2.3 with respect to travel goods, [fiber c ontent or composition] and country of origin. 
For greater certainty, nothing in this provision should be construed to prevent a 
Member from:  (a) requiring information not specified in paragraph 2 to be included on a 
label in a manner that is consistent with  the TBT Agreement; and (b) questioning the 
consistency of any labelling requirement, whether specified in this paragraph or otherwise, 
with the TBT Agreement.  
 
[In paragraphs 2.1 and 2.2, the size, country of origin and footnote 1 are still under discussion] 
 
3. Where a Member prepares or proposes to ad opt a requirement to include information on a 
label, the Member shall [shall examine] [shall give consideration to][shall assess] whether its 
legitimate objective could be fulfilled by perm itting the information to be included on a 
non-permanent3 label rather than a permanent label.4   
 [4. A Member shall not require a permanent labe l to include any information that may change 
after final production and before putting up for reta il sale of a product, consistent with and without 
prejudice to any provision of the TBT Agreement.
5   
 
5. Each Member shall establish or maintain  procedures to consider requests to waive 
requirements to include information on a permanen t or non-permanent label of a product when that 
information changes after final production and before  retail sale of the product.   Each Member shall 
ensure that in respect of such requests, impor ted products shall be accorded treatment no less 
favourable than that accorded to like products of na tional origin and to like products originating in 
any other country]  
6. With regard to labelling, a technical regul ation or conformity assessment procedure of a 
Member that:   
6.1 prohibits the information included on a la bel from being in more than one language, 
for example by prohibiting such information from being in a language other than the 
Member's official language(s);  
 6.2 requires a label to be pre-approved, registered or certified;  
 
                                                     
 
1 For the purpose of this Understanding, rules of origin has no relevance to the determination of 
country of origin.  
2  There are three "core parts" of footwear: (1 ) upper, (2) lining and sock, and (3) outer sole. 
 3 "Non-permanent label" means any label on a product attached or affixed through stickers, hangtags, 
or through other similar means that can be removed or on the package of the product.  
4 "Permanent label" means any label on a product that is securely attached or affixed through gluing, 
printing, sewing, embossing, silk screening, or other similar means. 
5 Nothing in paragraph 4 shall be construed to prohib it a Member from requiring that false or otherwise 
inaccurate information, that has been included on a perm anent label, be corrected af ter final production of the 
product.  TN/MA/W/103/Rev.3/Add.1 
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  6.3 prohibits a supplier from labelling a product with information that is not required by 
the Member, such as brand names;
6  
 6.4 specifies requirements that a label be of one or more materials; or  
6.5 requires a label to state that the pr oduct complies with applicable domestic 
requirements 
 shall be [rebuttably presumed to be] more trad e-restrictive than necessary to fulfil a legitimate 
objective within the meaning of Article 2.2 of the TBT Agreement or be more strict or be applied 
more strictly than is necessary to give the im porting Member adequate confidence that the product 
conforms with the applicable technical regulation within the meaning of Article 5.1.2 of the TBT 
Agreement.    
 [A footnote was proposed by a Member in conne ction with paragraph 6.2 and will need to be 
further discussed.]  
7. Notwithstanding Articles 2.9 and 5.6 of the TBT Agreement, if a Member proposes to adopt 
or amend a technical regulation or conformity asse ssment procedure with respect to labelling, in 
whole or in part, it shall:  
 
 7.1 publish the proposed technical regulati on or conformity assessment procedure in a 
publication at the earliest appropriate stage, in such a manner as to enable interested 
persons in other Members to become ac quainted with it and to submit comments 
before the Member finalizes the technical regulation or conformity assessment procedure; 
 
 7.2 notify other Members through the Secretar iat of the products to be covered by the 
proposed technical regulation or conformity assessment procedure, together with a brief indication of the measure's objective and rationale and, to the extent applicable, 
an identification of the parts of the regula tion or procedure which in substance deviate 
from relevant international standards and, in the case of a permanent label, the reason 
for requiring information other than that covered by paragraphs 2.1-2.3 of this 
Understanding.  Such notifications shall take place at an early appropriate stage, when amendments can still be introd uced and comments taken into account;  
 
 7.3 allow no less than 60 days for Members to submit comments in writing.  The Member 
shall give favourable consideration to reasonable requests to extend the comment 
period; and 
  7.4 discuss, upon request, any comments it recei ves with the Member or interested person 
providing them, and take these written comments and the results of these discussions into account in finalizing the measure, and p ublish or otherwise make available to the 
public, either in print or electronically, its  responses to significant issues raised in 
comments it receives no later than the date it publishes the final technical regulation or conformity assessment procedure.
7 
 
                                                      
 6 "Information" for purposes of subparagraph 6.3 means information related to the product or the 
marketing of the product and does not include information that is false, deceptive or misleading.  
7 Paragraphs 7 and 8 might be integrated into a transparency text.   TN/MA/W/103/Rev.3/Add.1 
 Page 13 
 
 
  8. Notwithstanding Articles 2.10 and 5.7 of the TBT Agreement, where urgent problems of 
safety, health, environmental protection or national security arise or threaten to arise for a Member, 
that Member may omit such of the steps enumerated in paragraph 6 as it finds necessary, provided 
that the Member upon adoption of a technical re gulation or conformity assessment procedure shall: 
 
 8.1 publish the final technical regulation or conformity assessment procedure in a 
publication at the earliest appropriate time, in  such a manner as to enable interested 
persons in other Members to become acquainted with it; 
  8.2 notify other Members through the Secretar iat of the products to be covered by the 
final technical regulation or conformity assessment procedure, together with a brief 
indication of the measure's objective and rati onale, including the nature of the urgent 
problems, and, to the extent applicable, an identification of the parts of the regulation 
or procedure which in substance deviate from relevant international standards and, in 
the case of a permanent label, the reason for requiring information other than that 
covered by paragraphs 2.1- 2.3 of this Understanding. 
  8.3 allow interested persons and other Members to submit comments in writing and 
discuss these comments upon request with the Member or interested person providing them, and take these written comments and the results of these discussions into account in deciding whether to modify the regulation or procedure, and publish or 
otherwise make available to the public, either  in print or electronically, its responses 
to significant issues raised in comments it receives at the earliest appropriate date after it publishes the final technical regul ation or conformity assessment procedure.
7 
 
Final Provisions 
 
9. The Committee on Technical Barriers to Trade shall review the operation and implementation of this Understanding, including the list of products contained in the Annex, on an annual basis.  The 
Committee shall also review other developments in  technical regulations and conformity assessment 
procedures involving international trade in textiles, clothing, footwear, and tr avel goods of importance 
to this Understanding in accordance with the Committee's procedures.
8   
 
10. No later than 2 years after the entry into fo rce of this Understanding and each year thereafter, 
Members shall meet to consider, as appropriate as pa rt of the review describe d in paragraph 9, efforts 
that Members could undertake to promote greater alignment of labelling requirements to relevant 
international standards, or, in the absence of such st andards, efforts to coordinate Members' practices 
in respect of labelling requirements.  Such effo rts should also support the further development of 
international standards regardi ng labelling requirements, pursuant to Article 2.6 of the TBT 
Agreement.  
 
[In relation to paragraph 10, the standards applicable in international trade in this area are only 
identified in relation to care instruction symbols.]   
 
11. The Annex to this Understanding c onstitutes an integral part thereof. 
                                                      
 8 It is understood that, for this purpose and to f acilitate transparency, exchanges of information, and 
discussions among Members, the WTO Secretariat will prepar e an annual report of the notifications received by 
the WTO Secretariat with respect to the labelling of textiles, clothing, footwear, and travel goods.  TN/MA/W/103/Rev.3/Add.1 
Page 14  
 
  ANNEX 
 
TEXTILES, CLOTHING, FOOTWEAR AND  
TRAVEL GOODS SUBJECT TO THE UNDERSTANDING 
 
1.  With respect to textiles, clothing, and f ootwear, this Understanding shall cover all products 
contained in Chapters 50 through 65 of Harm onized Commodity Description and Coding System 
(HS) Nomenclature, 2002 version (HS2002) except for the products listed below:  
 HS Number
 Product Description  
 
[5001 - 5003 Silk Fiber  5101 - 5104 Wool Fiber  
5201 - 5203 Cotton Fiber 
 5301 - 5305 Other Vegetable Fibers]  6506.10  Safety headgear (e.g. motorcycle helmets)  
6506.91  Rubber or plastic headgear 
 6506.99  Furskin & other headgear  6507.00  Headbands, linings, cove rs, hat foundations, hat frames , peaks (visors), and chin 
straps, for headgear 
 6406  Footwear Parts 
 
2.   With respect to travel goods, this Unders tanding shall cover all prod ucts listed below:   
 
HS2002 No.
 Product Description  
 ex 3926.90 Handbags made of beads, bugles and spangles, of plastics  42.02    Trunks, suit-cases, vanity-cases, ex ecutive-cases, brief-cases, school satchels, 
spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, 
holsters and similar containers; travelling- bags, insulated food or beverage bags, 
toilet bags, rucksacks, handbags, shoppi ng bags, wallets, purses, map-cases, 
cigarette-cases, tobacco-pouches, tool ba gs, sports bags, bottle-cases, jewellery 
boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or 
of paperboard, or wholly or mainly cove red with such materials or with paper. 
 
- Trunks, suit-cases, vanity-cases, executiv e-cases, brief-cases, school satchels and 
similar containers: 
 
4202.11  With outer surface of leather, of composition leather, or of patent leather 
 4202.12  With outer surface of plastics or of textile materials   TN/MA/W/103/Rev.3/Add.1 
 Page 15 
 
 
  4202.19  Other  
 
- Handbags, whether or not with shoulder strap, including those without handle: 
 4202.21  With outer surface of leather, of composition leather or of patent leather 
 
4202.22  With outer surface of sheeting of plastic or of textile materials  4202.29  Other  
- Articles of a kind normally carried in the pocket or in the handbag: 
 4202.31  With outer surface of leather, of composition leather or of patent leather  4202.32  With outer surface of sheeting of plastic or of textile materials 
 
4202.39  Other  
- Other: 
 4202.91  With outer surface of leather, of composition leather or of patent leather 
 
4202.92  With outer surface of sheeting of plastic or of textile materials  4202.99  Other  
ex 4602.11 Luggage, handbags and flat goo ds, whether or not lined, of bamboo  
  ex 4602.12 Articles of a kind normally carried in  the pocket or in the handbag, of rattan  
 ex 4602.12 Luggage, handbags and flat goods, whether or not lined, of rattan, nesoi  
 
ex 4602.19 Luggage, handbags  and flat goods, whether or not lined, of willow 
 ex 4602.19 Articles of a kind normally carried in the pocket or in the handbag, of palm leaf 
 ex 4602.19 Luggage, handbags and flat goods, wh ether or not lined, of palm leaf, nesoi  
 
ex 4602.19 Luggage, handba gs and flat goods, whether or not lined, made from plaiting materials 
nesoi  
 9605.00            Travel sets for personal toilet, sewing or shoe or clothes cleaning  
 
 
 TN/MA/W/103/Rev.3/Add.1 
Page 16  
 
  ANNEX C 
 
Transparency
 
 
This is without prejudice to the positions of individual Members on the provisions contained 
and without prejudice to the scope of application. 
 
1a.  Publication  
 Further to Articles 2.11 and 5.8 of the TBT Agr eement, with respect to a technical regulation, 
or conformity assessment procedure that it has a dopted, each Member shall publish the measure, and 
where applicable indicate any penalties the Member may impose for failing to comply with it, in an 
official journal of national circulation or elect ronically, such as in a publicly accessible website, and 
shall encourage its distribution through additional channels. 
 
1b.  Regulatory Agenda 
 
 Each Member shall give consideration to pub lishing annually, in print or electronically, a 
regulatory agenda that identifies any technical re gulation or conformity assessment procedure that it 
reasonably expects to issue in proposed or final form over the following 12 months or more.    2. Early Notice  
 In the case of central govern ment bodies, Members shall whenever practicable publish, in an 
official journal of national circulation or electr onically, such as in a publicly accessible web site, a 
notice that a technical regulation or a conformity assessment procedure is being proposed, and is open 
to public comments, indicating how information on the proposed measure can be obtained for the 
purpose of enabling interested parti es to become acquainted with it. 
 
3. Notification 
 
A.  Where a Member prepares or proposes to a dopt a technical regulation or conformity 
 assessment procedure that may affect  trade of other Members, it shall:  
 
(1)  observe the obligations set out in Articles 2.9.1 through 2.9.2 and 5.6.1 through 5.6.2 
 of the TBT Agreement; 
 
(2) publish, in print or electronically, the proposed technical regulation or conformity 
assessment procedure at an early appropria te stage when amendments can still be 
introduced and comments taken into account, no later than when a Member notifies 
its measure under 2.9.2 and 5.6.2 of the TBT Agreement and in such a manner as to enable interested parties to become acquainted with it
1;  
 
(3) in any notification  it makes pursuant to Ar ticle 2.9.2 or 5.6.2 of the TBT Agreement 
include a copy of the proposed technical regulation or conformity assessment procedure or an Internet address at which the measure may be viewed;  
 
                                                     
 
1 When a Member publishes a proposed technical regulation or conformity assessment procedure in 
accordance with this subparagraph, it sha ll be deemed to have satisfied the pertinent obligation in Articles 2.9.1 
and 5.6.1 of the TBT Agreement to publish a notice of the proposed technical regulation or conformity 
assessment procedure.  TN/MA/W/103/Rev.3/Add.1 
 Page 17 
 
 
  (4) [in any notification it makes pursuant to Artic le 2.9.2 or 5.6.2 of the TBT Agreement 
identify, where applicable, the relevant  international standard, guide, or 
recommendation upon which a proposed technical regulation or conformity assessment procedure is based, and to the ex tent practicable, identify any parts of the 
proposed technical regulation or conformity  assessment procedure which in substance 
deviate from the relevant international standard, guide, or recommendation upon 
which it is based;] 
 (5) upon request from another Member [or an inte rested party], provide particulars with 
respect to the proposed technical regula tion or conformity assessment procedure; 
 
(6) {Autos-specific provision :  upon request from another Member [or an interested 
party], provide where applicable, the Me mber's reasons for basing its measure on 
different standards, technical regulations , or conformity assessment procedures from 
two or more other Members;} 
 
B. Where a Member prepares or proposes to a dopt a technical regulation or a conformity 
assessment procedure that may affect trade of other Members and is not based on a relevant international standard, either because there are no relevant international standards or because 
the international standards or relevant parts w ould be an ineffective or inappropriate means 
for the fulfillment of the legitimate objectives pursued, it shall:  
 
(1) upon request from another Member [or an inte rested party], provide particulars on the 
Member's reasons for determining that usi ng relevant international standards, guides 
or recommendations would be an ineffectiv e or inappropriate means for the fulfilment 
of the legitimate objectives pursued; 
 
(2) upon request from another Member [or an inte rested party], provide information on 
how the Member took or plans to take into account the elements set out in Article 10.1; [US/Canada would like this to apply whether or not there are 
international standards and therefore under 3(a)] 
 (3) [reply in writing to the comments received from Members before final publication of 
the technical regulation or conformity assessment procedure;]  
 
4. Comments 
 A. Where a Member prepares or proposes to a dopt a technical regulation or conformity 
assessment procedure that may affect trade of other Members, it shall:  
  (1) without discrimination, allow Members and interested parties to comment in writing 
on the proposed technical regulation or c onformity assessment procedure and take 
these comments into account ; [Brazil/EU/India do not want this to apply in cases 
where it is based on an international standard and would like it under 4(B).]  
 
(2) publish, in print or electronically, any written comments it received from Members 
[or interested parties] or a meaningful summary thereof
2 on the proposed technical 
                                                      
2 A summary shall provide a description of the significant issues the comments raise in sufficient detail 
to inform interested parties and other Members of their content and shall include, inter alia,  a summary of 
commenters' positions on, and suggestions to revise, the proposed technical regulation or conformity assessment procedure and, to the extent practicable and subject to applicable privacy laws, a summary of information that 
commenters submitted to support their positions.   TN/MA/W/103/Rev.3/Add.1 
Page 18  
 
  regulation or conformity assessment procedure .  [Brazil believes that this should be 
under 4(B).] 
 
(3) [publish, in print or electronically, its responses to any significant issues, including 
that Members or interested parties raised  in the comments they submitted during the 
comment period3][Members shall make their best ef forts to also publish the public 
responses to significant issues raised, or a meaningful summary thereof.] [Brazil 
believes that this should be under 4(B).] 
 
(4) [normally allow not less than 60 days for other Members and interested parties to 
comment in writing on the proposed technical regulation or conformity assessment 
procedure and consider reasonable request s to extend the comment period]; [The 
normal time limit for comments on the notifi cations should be 60 days. Any Member 
which is able to provide a time limit be yond 60 days, such as 90 days, is encouraged 
to do so and should indicate this in the notif ication. Moreover, in order to improve the 
ability of developing country Members to comment on notifications and consistent 
with the principle of special and differe ntial treatment, developed country Members 
are encouraged to provide more than a 60 day comment period.] 
 B. Where a Member prepares or proposes to a dopt a technical regulation or a conformity 
assessment procedure that may affect trade of other Members and is not based on a relevant international standard, either because there are no relevant international standards or because 
the international standards or relevant parts w ould be an ineffective or inappropriate means 
for the fulfillment of the legitimate objectives pursued, it shall:  
 
5. Repository of Technical Regulation s and Conformity Assessment Procedures 
 
1. In order to facilitate trade in particular  for small and medium enterprises, electronic 
repositories of technical regulations and conformity assessment procedures shall be created. These repositories shall be accessible through a dedicated  WTO portal. The WTO Secretariat shall provide 
the technical infrastructure for establishing and managing these repositories.   2.  Members shall provide to the WTO Secretaria t all final technical regulations and conformity 
assessment procedures related to measures notified by Members after the date of establishment of the 
WTO portal.  Members [shall endeavour] [are encour aged] to provide the WTO Secretariat with their 
existing technical regulations and conformity assessment procedures in order to build up the 
repositories over time.   
3.  When providing the technical regulation or conformity assessment to the WTO Secretariat 
pursuant to paragraph 2, Members shall provide a description of the content of the measure in an 
official WTO language.  4.  Members are encouraged to provide unofficial translations in one of the official languages of 
the WTO of technical regulations and conformity ass essment procedures.  Translations provided shall 
be deemed unofficial unless the Member that issued the original technical regulation or conformity assessment procedure explicitly declares them as authentic in the language provided to the WTO 
Secretariat.  
                                                     
 
3 For greater certainty, significant issues include, fo r example, issues concerning the cost of complying 
with, or regulatory or non-regulatory alternatives to, the proposed technical regulation or conformity assessment 
procedure.    TN/MA/W/103/Rev.3/Add.1 
 Page 19 
 
 
  5.  [If Members are in possession of a translation of their final technical regulations or 
conformity assessment procedures in one of the o fficial languages of the WTO, they shall make 
available such a translation.]  
 
6. Implementation Period 
 [1. Building on Articles 2.12 and 5.9 of the TBT Agreement [as well as paragraph 5.2 of the 
2001 Ministerial Decision], for measures that woul d require a substantial change in design or 
technology or raw materials required for input of a manufacturing process, the reasonable interval shall: 
 (i) normally be more than six months except when this would be ineffective in pursuing 
legitimate objectives; 
 (ii) for motor vehicles : be no less than 18 months; or no less than 12 months when the 
Member uses the technical regulation or conformity assessment procedure of another 
Member, developed and adopted in accordan ce with this Understanding and the TBT 
Agreement, as a basis for its  technical regulation or conformity assessment 
procedure; and 
 [(ii) [other sector ….]. 
Members shall consider reasonable requests to extend the interval between the date of 
publication and the date on which compliance with the technical regulation or conformity assessment procedure becomes mandatory.] 
 
[This provision has to be further considered in the context of a possible autos proposal.]  
 7. Urgent Problems 
 
Where urgent problems of safety, health, envir onmental protection, or national security arise 
or threaten to arise for a Member, that Member may omit such steps enumerated in paragraphs 3 and 4 as it finds necessary, provided that upon adoption of the technical regulation or conformity assessment procedure the Member takes the actions described in  Articles 2.10.1 through 2. 10.3 or 5.7.1 through 
5.7.3 of the TBT Agreement and pa ragraphs 3 and 4, as applicable.  
 
8. Standards 
 
[1. Each Member shall give consideration to pub lishing annually, in print or electronically, a 
regulatory agenda that identifies any standard that it reasonably expects to issue in proposed or final 
form over the following 12 months or more.  [The United States suggests moving this provision to 
1(b).] 
 
2. A Member shall observe, mutatis mutandis,  the obligations set out in Articles 2.9.1 through 
2.9.4 and 5.6.1 through 5.6.4 of the TBT Agreement and subparagraphs 3 and 4 of this Understanding 
where it:  TN/MA/W/103/Rev.3/Add.1 
Page 20  
 
  (a) requests or directs a body to prepare a standard  with a view to mandating that an automotive 
or electronic product comply with that standard, or establishing a presumption that an automotive or electronic product complies with a technical regulation or conformity assessment procedure if it conforms to that standard;  and 
(b) establishes a presumption that a product that confor ms to a standard developed by a body at 
the request or direction of the Member compli es with a technical regulation or conformity 
assessment procedure.  
3. Each Member shall ensure that where a central government body 
 
(1) is entrusted with regulatory or policy aut hority pertaining to automotive or electronic 
products or is accountable to, or owned in w hole or part by, a body that a Member has 
entrusted with regulatory or policy authorit y pertaining to automotive products; and  
 
(2)  prepares a standard, 
 
it observes, mutatis mutandis, the obligations set out in Articles 2.9.1 through 2.9.4 and 5.6.1 
through 5.6.4 of the TBT Agreement and su bparagraphs 3 and 4 of this Understanding. ] 
 
9. Judicial Aspects  
1.  Each Member shall establish or maintain  institutions for judicial, quasi-judicial, or 
administrative review of final administrative decisions relating to technical regulations and 
conformity assessment procedures. Each Member  shall ensure that such institutions are 
impartial and independent  of the office or authority entrusted with administrative enforcement 
and do not have any substantial interest in th e outcome of the matter, and that proceedings 
before such institutions are transparen t and provide due process of law.   
 
10. Good Regulatory Practice 
 
1. Recognizing that good regulatory practices can contribute to avoiding unnecessary obstacles 
to trade within the meaning of Articles 2 a nd 5 of the TBT Agreement, where a Member 
prepares or proposes to adopt a technical regulation or conformity assessment procedure [and 
a relevant international standard or a re levant guide or recommendation issued by an 
international standardizing body does not exist], it shall: 
 
consider, inter alia , the impact, including whenever possi ble the costs of compliance, of the 
proposed technical regulation or conformity assessment procedure, taking into account the 
special development, financial and trade needs of developing country Members; and 
 
 assess the available regulatory and non-regulat ory alternatives to the proposed technical 
regulation or conformity assessment procedur e that may fulfill the Member's legitimate 
objective, such as providing voluntary mechanisms or other options.  
 
2. Members may carry out the requirements of pa ragraph 1 in the manner or format that they 
consider appropriate.  
 3. Further to Articles 2.2, 2.3, and 2.4 of th e TBT Agreement, each Member shall review its 
technical regulations and conformity assessment procedures for the following purposes: 
  TN/MA/W/103/Rev.3/Add.1 
 Page 21 
 
 
  (a)  to determine whether such measures should be modified or eliminated so as to make 
the Member’s regulatory program more effective in achieving the Member's 
legitimate objectives.  In undertaking this  review, a Member should consider, among 
other factors, whether the technical regulations and conformity assessment procedures have become unnecessary or  outdated by reason of changed 
circumstances, such as fundament al changes in technology; and 
(b)  to increase their convergence with relevant  international standards.  In undertaking 
this review, a Member shall evaluate the possibility of amending technical regulations 
and conformity assessment procedures in acco rdance with the relevant international 
standards or relevant guides or recommenda tions existing at the time of the review. 
4.  Developed country Members shall undertake this review at appropriate in tervals.  Developing 
country Members shall undertake this review at appropriate intervals commensurate with their 
administrative capacities and the specific measure being reviewed.  Members shall inform the 
Committee on Technical Barriers to Trade on their compliance with this provision, including where possible the frequency of such reviews.  
 
11. Technical Assistance 
 
Article 9.1 As provided for by Article 11 of the TBT Agreement, developed country Members 
shall provide, on request and on mutually agr eed terms and conditions with developing and 
least-developed country Members, technical cooperation in the implementation of the commitments 
under this Understanding.  This s hould also include technical coope ration on post-market surveillance 
by Members having such experience as far as required for the implementation of systems based on supplier's declaration in developing and least-developed country Members.  
 
12. Special and Differential Treatment 
Article 10.1 The obligations of this Understandi ng shall be applied without prejudice to the full 
applicability of special and differential tr eatment provisions of the TBT Agreement. 
 
Article 10.2  When considering the impact a nd the available regulatory and non-regulatory 
alternatives, the special development, financial and trade needs of developing country Members will be taken into account with a view to ensuring that such standards, technical regulations, and 
conformity assessment procedures do not create unn ecessary obstacles to exports from developing 
country Members.  
  TN/MA/W/103/Rev.3/Add.1 
Page 22 
ANNEX D - Structure of the NTB package  
 
  TN/MA/W/103/Rev.3/Add.1 
 Page 23 
 
 
  ANNEX E 
 
 WORLD TRADE  
ORGANIZATION  TN/MA/W/103/Rev.3 
6 December 2008 
 (08-6013) 
Negotiating Group on Market Access  
  
 
FOURTH REVISION OF DRAFT MODALITIES FOR  
NON-AGRICULTURAL MARKET ACCESS 
 
Revision  
 
 Please find attached the fourth revision of th e draft modalities for NAMA.  After an intensive 
process of consultations, the degree of convergence on many issues allows me to present a text which 
is almost complete.  There are some issues where,  based on the discussions held, I have put forward 
what I believe are the landing zones (for exampl e SVEs, preference erosion). I had identified 
preference erosion as one of the more difficult issu es in the initial stage of my consultations, and 
would like to further note that a solution for some  Members claiming inclusion in Annex 4 could not 
be found, and neither could satisfa ction be provided to certain Memb ers currently included in Annex 
4.  Therefore, the solution on this issue found afte r the July Ministerial appears to me the only viable 
one and is the one reflected in the text.  Anyhow , everything is conditional in the deepest sense. 
  Nevertheless, two areas remain where further work is required:   
(1)  Sectorals (paragraphs 9 to 12): Even though th e included text is accepted as a basis for further 
work, we are far from a consensus among Memb ers. The main open questions in sectorals 
are:  
 
• An indication by some Members that their ability to finalize NAMA modalities depends on a 
commitment by those Members who took part in the negotiations on formula and flexibilities 
in July to negotiate an agreed list of sectors a nd to participate in the agreements that result 
from those negotiations. In this context, the language referring to a single undertaking in paragraph 9 meets resistance from the non-proponents.   
 
• How and when to define the commitment of Me mbers to participate in sectorals without 
altering the non-mandatory character of these negotiations? 
 
• Annex 7:  option 1 is the preferred option of th e proponents, and option 2 the preferred one of 
the non-proponents.   
 (2)   Consultations with Argentina, South Africa a nd Venezuela will have to be pursued next week.  
I would observe that the discussions on South Africa are rather advanced.  
 
 
Luzius Wasescha 
         C h a i r m a n  
       Negotiating Group on Market Access TN/MA/W/103/Rev.3/Add.1 
Page 24  
 
  Draft NAMA modalities
 
Fourth Revision  
 
Introduction  
1. In paragraph 16 of the Doha Ministerial Decl aration, Members agreed "to negotiations which 
shall aim, by modalities to be agreed, to redu ce or as appropriate eliminate tariffs, including 
the reduction or elimination of tariff peaks, hi gh tariffs, and tariff escalation, as well as non-
tariff barriers, in particular on products of export interest to developing countries.  Product 
coverage shall be comprehensive and without a priori  exclusions.  The negotiations shall take 
fully into account the special needs and interests of developing and least-developed Members, including through less than full reciprocity in reduction commitments, in accordance with the 
relevant provisions of Article XXVIII bis of GATT 1994 and the provisions cited in 
paragraph 50 of the Doha Ministerial Declarati on. To this end, the modalities to be agreed 
will include appropriate studies and capacity- building measures to assist least-developed 
countries to participate effectively in the negotiations." 
 2. Further to the Doha Deve lopment Agenda (DDA) mandate , and building on the results 
reached in Annex B of the General Counc il Decision of 1 August 2004 (the "NAMA 
Framework") and paragraphs 13 to 24 of the Hong Kong Ministerial Declaration, Members 
hereby establish the  following modalities for the non-ag ricultural market access (NAMA) 
negotiations which shall  be applicable to all non-agricu ltural tariff lines as defined in 
Annex 1.    
 3. The results of the application of these modalities shall be reflected in schedules of 
concessions which shall be submitted and finalized in the Harmonized System 2002 
nomenclature
1.  
 4. These modalities do not create a new category or  sub-category of WTO Members, nor do they 
create a precedent for future negotiations.  In applying these modalities, existing bindings 
shall not be raised except as provided by Article XXVIII of GATT 1994. 
 
Formula
 
5. The following formula shall apply on a line-by-line basis: 
 
 {a or (x or y or z)} x t 0 
t1  =    
 {a or (x or y or z)} + t 0 
where , 
t1  = Final bound rate of duty 
t0  = Base rate of duty  
a  = 8 = Coefficient for developed Members x  = 20, y = 22, z = 25 (to be chosen as provided in paragraph 7) = Coefficients for 
developing Members. 
                                                     
 
1 (a) The Secretariat is working on a revision to th e technical guidelines (JOB(06)/99/Rev.1) on the 
preparation of schedules.  The document will be i ssued soon after the adoption of the modalities.  
(b) The date of submission of initial draft comprehensive schedules and the date of finalization of  the 
scheduling process will need to be addressed horizontally.     TN/MA/W/103/Rev.3/Add.1 
 Page 25 
 
 
  Elements regarding the formula  
 
6. (a) Product coverage sha ll be comprehensive without a priori exclusions.   
 
(b) Tariff reductions or elimination sha ll commence from the bound rates after full 
implementation of current concessions; howev er, for unbound tariff lines, a constant, 
non-linear mark-up shall be applied to establish base rates for commencing tariff 
reductions as follow: applied rate plus 25  percentage points.   
 
(c) The base year for MFN applied tariff rates shall be 2001 (applicable rates on 
14 November). 
 
(d) All non- ad valorem  duties shall be converted to ad valorem  equivalents on the basis 
of the methodology outlined in document TN/MA/20 and bound in ad valorem  terms. 
 
(e) The reference period for im port data shall be 1999-2001. 
 
(f) The first reduction shall be implemented on 1 January of the year following the entry 
into force of the DDA results and each su ccessive reduction shall be made effective 
on 1 January of each of the following years,  except as otherwise provided. The tariff 
reductions for developed Member s shall be implemented in 5 years (i.e. 6 equal rate 
reductions) and for developing Members in 10 years (i.e. 11 equal rate reductions), 
except as otherwise provided.  
 
Coefficient and flexibilities for develo ping Members subject to the formula  
7. Developing Members subject to the formula sha ll be granted the flexibility to choose to apply 
the coefficient and flexibilities in paragraph 7(a) or 7(b) or 7(c).   
 
(a) Coefficient x in the formula and either:  
 
(i) less than formula cuts for up to 14 pe rcent of  non-agricultural national tariff 
lines provided that the cuts are no less than half the formula cuts and that these tariff lines do not exceed 16 percent of the total value of a Member's non-agricultural imports;  
  or 
  
(ii) keeping, as an exception, tariff lines unbound, or not applying formula cuts 
for up to 6.5 percent of non-agricultural national tariff lines provided they do 
not exceed 7.5 percent of the total value of a Member's non-agricultural imports
2.  
  
                                                     
 
2 It is understood that the options in sub-paragraph 7(a)(ii) (keeping tariff lines unbound or not 
applying formula cuts) may be combin ed but cannot together exceed the app licable percent of tariff lines and 
total value of a Member’s non-agricultural imports.   TN/MA/W/103/Rev.3/Add.1 
Page 26  
 
  (b) Coefficient y in the formula and either:  
 
(i) less than formula cuts for up to 10 pe rcent of  non-agricultural national tariff 
lines provided that the cuts are no less than half the formula cuts and that 
these tariff lines do not exceed 10 percent of the total value of a Member's non-agricultural imports;  
  or 
 
(ii) keeping, as an exception, tariff lines unbound, or not applying formula cuts 
for up to 5 percent of non-agricultura l national tariff lines provided they do 
not exceed 5 percent of the total va lue of a Member's non-agricultural 
imports
3.    
 
(c) Coefficient z in the formula without recourse to flexibilities.  
(d) The flexibilities provided under paragraph 7 shall not be used to exclude entire 
HS Chapters. In order to ensure tari ff reduction in every Chapter, without 
substantially limiting the flexibilities provided to developing Members, this provision shall be understood to mean that full formula tariff reductions shall apply to a minimum of either 20 percent of national tariff lines or 9 percent of the value of imports of the Member in each HS Chapter.  
 
(e) As an exception, Botswana, Lesotho, Namibia, South Africa and Swaziland shall 
include a common list of flexibilities in th eir schedules and shall have recourse to 
[.........].
4 
 
(f) As an exception, Argentina, Brazil, Paraguay and Uruguay shall include a common 
list of flexibilities in their schedules and each  shall calculate the percentage for the 
value of trade limitation in paragra ph 7 using the total value of Brazil’s 
non-agricultural imports.  
 (g) As an exception, Oman shall not be re quired to reduce any bound tariff below 5 per 
cent after applying modalities under paragraph 7(b)(i).  Flexibilities shall be used 
exclusively to cover tariff lines currently bound at 5 or 5.5 per cent.  Oman shall 
implement its tariff reductions in  accordance with paragraph 6(f). 
 
[(h) Argentina] 
 [(i) Venezuela] 
 
  
 
                                                     
 
3 It is understood that the options in sub-paragraph 7(b)(ii) (keeping tariff lines unbound or not 
applying formula cuts) may be combin ed but cannot together exceed the app licable percent of tariff lines and 
total value of a Member’s non-agricultural imports.   
4 The attention of Members is called to the loss of tariff revenue by Lesotho, Botswana, Namibia and 
Swaziland resulting from these tariff reductions, and in pa rticular the LDC status of Lesotho. This loss of 
revenue may warrant a priority for ta rgeted Aid-for-Trad e assistance.    TN/MA/W/103/Rev.3/Add.1 
 Page 27 
 
 
  Flexibilities for developing Memb ers with low binding coverage5 
8. (a) As an exception, developing Members w ith a binding coverage of non-agricultural 
tariff lines of less than 35 percent will be exempt from making tariff reductions 
through the formula.  Instead, developi ng Members with a binding coverage of 
non-agricultural tariff lines:  
 
(i) below 15 percent shall bind 75 percent of non-agricultural tariff lines; 
(ii) at or above 15 percent shall bind 80 percen t of non-agricultural tariff        
lines; and 
Each Member shall bind at an average level that does not exceed 30 percent. 
 
(b) These tariff lines shall be bound on 1 Janua ry of the year following the entry into 
force of the DDA results at initial bound rates.  
 
(c) The initial bound rates shall be established as follows: for bound tariff lines the 
existing bindings shall be used, and for unbound tariff lines the Member subject to 
this modality will determine the level of the initial binding of those tariff lines.   
 
(d) The overall binding target average sha ll be made effective at the end of the 
implementation period as follows:  the ta riff reductions shall be implemented in 
11 equal rate reductions.  Th e first reduction shall be im plemented on 1 January of 
the second year following the entry into fo rce of the DDA results and each successive 
reduction shall be made effective on 1 Ja nuary of each of the following years. 
 
(e) All duties shall be bound on an ad valorem  basis.  Existing bindings on a non 
ad valorem  basis shall be converted to ad valorem  equivalents on the basis of the 
methodology outlined in document TN/MA/20. 
 Sectoral negotiations
 
9. [The sectoral tariff reduction component is a nother key element to achieving the objectives of 
Paragraph 16 of the DDA, the results of whic h will form part of the single undertaking as 
provided for in paragraph 47 of the Doha Minist erial Declaration. Such initiatives shall aim to 
reduce, harmonize or as appropriate eliminate tari ffs, including the reduction or elimination of 
tariff peaks, high tariffs and tariff escalation, over and above that which would be achieved by 
the formula modality, in particular on products of  export interest to developing Members.   
 Participation in sectoral initiatives is on a non-mandatory basis, without prejudging the 
outcome. However, for some Members, sectoral  initiatives that reach a critical mass of 
participation will help to balance the overall results of the negotiation on non-agricultural 
market access, which includes th e coefficients in paragraph 5 and the levels of flexibilities 
and related provisions of pararaph 7.  At the time of establishment of modalities the Members 
listed in Annex 7 have agreed to participate on a self-identified basis, in negotiating the terms 
of sectoral tariff initiatives, with a view to making them viable.  Other Members are also encouraged to participate.  Participation in th e negotiation of the terms of a sectoral initiative 
shall not prejudge a Member's decision to participate in that sectoral initiative.]  
                                                     
 
5 Developing Members concerned are: Cameroon; Con go; Côte d'Ivoire; Cuba ; Ghana; Kenya; Macao, 
China; Mauritius; Nigeria; Sri Lanka; Suriname; and Zimbabwe.  TN/MA/W/103/Rev.3/Add.1 
Page 28  
 
  10. At the Hong Kong Ministerial Conference, Ministers instructed Members to identify sectoral 
initiatives which could garner sufficient participa tion. Progress has been made in a variety of 
sectoral initiatives, which is reflected in Annex 6.  New proposals on sectors/subsectors may be submitted immediately or after the establishment of modalities.  
 
11. After the adoption of modalities, Members shall define, sector by sector, special and 
differential treatment for developing country Members, for example "zero for x" tariff 
reductions, longer implementation period, later start of implem entation and partial product 
coverage. Products contained in Annexes 2 and 3 will be excluded from these sectoral 
initiatives with respect to the EC and the US markets, respectively, until the end of the 
implementation period agreed in paragraph 28, and the participants in the relevant sectoral 
negotiations will determine additional differentia l treatment for these products in consultation 
with preference holders.  
12. For scheduling purposes, Members partic ipating in sectoral initiatives shall:  
 
 (a) No later than [45 days] from the da te of the establishment of these modalities 
(i) submit any new proposals for sectoral initiatives and (ii) indicate, if not already done so, to the proponents of the relevant sectoral initiatives as well as to the Secretariat,  the sectoral initiatives, includi ng any sensitivities, on which they agree to 
participate in the negotiation of terms, w ithout prejudice to their final decision to 
incorporate the results of the negotiations in their final comprehensive schedules.  
  (b) In the intervening period time between (a ) and (c), in order to ensure transparency, a 
Chair-led multilateral process shall be undertaken.  
 
 (c) No later than [four months] from the date of the establishment of these modalities 
notify the terms of all final sectoral initiatives. 
  (d) No later than [five months] from the date of the establishment of these modalities, 
incorporate on a conditional basis their sect oral commitments in their comprehensive 
draft schedules. In the intervening period of time between (d) and (e), Members will 
hold a multilateral review to assess the sectoral outcome. One month should be 
provided after such a review to finalize the work. 
  (e) At the time of the submission of final comprehensive schedules, incorporate their 
sectoral commitments on an unconditional basis
6 for sectors that reach a critical mass.  
 
Small, Vulnerable Economies  
13. With the exception of developed Members, those Members having a share of less than 
0.1 percent of world NAMA trade for the refere nce period of 1999 to 2001 or best available 
data as contained in document TN/MA/S/18 may apply the following modality of tariff 
reduction instead of the formula modality which is  contained in paragra phs 5, 6 and 7 above.  
 
(a) Members with a bound tariff average of non-agricultural tariff lines:7  
 
                                                      
6 It is understood that “unconditional” refers to th e Member’s firm commitmen t to participate in the 
sectoral initiative(s).  
7 See document TN/MA/S/4 and Corr.1 for the bound tariff averages of Members.    TN/MA/W/103/Rev.3/Add.1 
 Page 29 
 
 
  (i) at or above 50 percent shall bind all of their non-agricultural tariff lines at an 
average level that does not exceed an overall average of 30 percent; 
(ii) at or above 30 percent but below 50 percent shall bind all their 
non-agricultural tariff lines at an averag e level that does not exceed an overall 
average of 27 percent;   
(iii) at or above 20 percent but below 30 shall bind all their non-agricultural tariff 
lines at an average level that does not  exceed an overall average 18 percent; 
and 
(iv) below 20 percent, shall apply a minimum line-by-line reduction of 5 percent 
on 95 percent of all non-agricultural tari ff lines or bind at the overall average 
that would result from that line-by-line reduction.    
As an exception, Bolivia shall not be re quired but is encouraged to apply the 
modalities in paragraph 13.  
 
 As an exception, Fiji shall be deemed to fall under (a)(i). 
 
As an exception, Gabon shall engage in GATT Article XXVIII negotiations to reach 
the overall target average of 20 percent.  
 (b) All tariff lines shall be bound on 1 January of the year following the entry into force 
of the DDA results at initial bound rates.  As an exception, Fiji shall have the 
flexibility to maintain 10 percent of non-agricultural tariff lines unbound.   
 
(c) The initial bound rates shall be established as follows: for bound tariff lines the 
existing bindings shall be used, and for unbound tariff lines the Member subject to 
this modality will determine the level of the initial binding of those tariff lines.   
 
(d) The overall binding target average sha ll be made effective at the end of the 
implementation period as follows:  the ta riff reductions shall be implemented in 
11 equal rate reductions. The first reduction shall be impl emented on 1 January of the 
year following the entry into force of the DDA results and each successive reduction 
shall be made effective on 1 January of each  of the following years, except for lines 
covered under 13(e) where the first reducti on shall be implemented on 1 January of 
the year following completion of the grace period.  
 
(e) For those Recently Acceded Members a pplying this modality, a grace period of 
3 years shall be applied on those lines on  which accession commitments are not fully 
implemented before entry into force of the DDA results.  This grace period shall 
begin as of the date of full implementation of the accession commitment on that tariff line.  
 
(f) All duties shall be bound on an ad valorem  basis.  Existing bindings on a non 
ad valorem  basis shall be converted to ad valorem  equivalents on the basis of  the 
methodology outlined in document TN/MA/20. 
 TN/MA/W/103/Rev.3/Add.1 
Page 30  
 
  Least Developed Countries (LDCs)
 
14. LDCs shall be exempt from tariff reductions . However, as part of their contribution to the 
DDA, LDCs are expected to substantially in crease their level of tariff binding commitments.   
Individual LDCs shall determine the extent  and level of tariff binding commitments in 
accordance with their individual development objectives.  All new tariff binding 
commitments shall be on an ad valorem  basis. For existing bindings which are not on an  
ad valorem  basis, LDCs are encouraged to convert them to ad valorem  equivalents on the 
basis of  the methodology outlined in document TN/MA/20 and bind them in ad valorem  
terms. 
 
Market Access for LDCs  
15. We reaffirm the need to fac ilitate LDCs secure beneficial and meaningful integration into the 
multilateral trading system.  In this regard, we recall the Decision on Measures in Favour of 
Least-Developed Countries  contained in decision 36 of  Annex F of the Hong Kong 
Ministerial Declaration (the "Decision"), a nd agree that developed Members shall, and 
developing country Member declaring themselves in a position to do so should:  
 
(a) (i) Provide duty-free and quota-free market access on a lasting basis, for all products 
originating from all LDCs no later than th e start of the implementation period in a 
manner that ensures stability, security and predictability. 
 
 (ii) Members facing difficulties at this time  to provide market access as set out above 
shall provide duty-free and quota-free market access for at least 97 per cent of products originating from LDCs, defined at the tariff line level, no later than the 
start of the implementation period.  In addition, these Members shall take steps to 
progressively achieve compliance with the obligations set out above, taking into 
account the impact on other developing count ries at similar levels of development, 
and, as appropriate, by incrementally building on the initial list of covered products. 
 
 (iii) Developing-country Members shall be permitted to phase in their commitments and 
shall enjoy appropriate flexibility in coverage. 
 
 (b)  Provide meaningfully enhanced market access for all LDCs. 
  
(c) Ensure that preferential rules of origin  applicable to imports from LDCs will be 
transparent, simple and contribute to facilitating market access in respect of non-agricultural products.  In this connecti on, we urge Members to use the model 
provided in document TN/MA/W/74, as appropriate, in the design of the rules of 
origin for their autonomous preference programs.  
 16. Accordingly, developed country Members shall inform WTO Members, by a date to be 
agreed, of the products that will be covered under the commitment to provide duty free and 
quota free market access for at least 97 percent of  products originating from LDCs defined at 
the tariff line level.  The agreement on the date by which this information shall be provided 
shall be concluded prior to the date of the Speci al Session of the Ministerial Conference to be 
held to take decisions regarding the adoptio n and implementation of the results of the 
negotiations in all areas of the DDA (the “Single Undertaking”). 
   TN/MA/W/103/Rev.3/Add.1 
 Page 31 
 
 
  17. As part of the review foreseen in the Decision, the Committee on Trade and Development 
shall monitor progress made in its implementation,  including in respect of preferential rules of 
origin.  The details of the monitoring pro cedure shall be defined and agreed by the 
Negotiating Group on Market Access by the time of the submission of final schedules.  Under the monitoring procedure, Members shall annually notify the Committee on Trade and 
Development (a) the implementation of duty fr ee and quota free programs, including the steps 
taken and possible timeframes established to progressively achieve full compliance with the 
Decision and (b) the corresponding rules of origin.  The first notification under this monitoring procedure shall be made by the start of the implementation of the results of the Doha Development Agenda.  The Committee on Trade and Development shall review such 
notifications and shall report annually to th e General Council for appropriate action.   
 
Recently Acceded Members (RAMs)
8 
 
18. The RAMs shall apply the modality provided for in either paragraphs 5, 6 and 7 or 
paragraph 13, as applicable.    
 19. In addition, the RAMs appl ying the formula shall be gran ted an extended implementation 
period of 3 equal rate reductions to that provi ded in paragraph 6(f) to implement their Doha 
commitments.  The first reduction shall be im plemented on 1 January of the year following 
the entry into force of the DDA results.  Each successive reduction shall be made effective on 
1 January of each of the following years.
  
 
20. Albania, Armenia, Cape Verde, Former Yugoslav Republic of Macedonia, Kyrgyz Republic, 
Moldova, Mongolia, Saudi Arabia, Tonga, Viet Nam and Ukraine shall not be required to 
undertake tariff reductions beyond their accession commitments.  
 Supplementary Modalities
 
21. Members may use the request and offer appr oach as a supplementary modality.  Members 
engaging in such negotiations shall incorporat e any outcomes in their final comprehensive 
draft schedules.  
 
Elimination of low duties  
22. Members are asked to consider the elimination of low duties. 
 
Non-tariff barriers (NTBs)  
23. The reduction or elimination of NTBs is an  integral and equally important part of the 
objectives of paragraph 16 of the DDA.  More speci fically, initiatives in this area shall aim to 
reduce or eliminate, as appropriate, NTBs, in particular on products of export interest to 
developing Members and to enhance market  access opportunities achieved through these 
modalities.    
                                                      
8 Albania; Armenia; Cape Verde; China; Croatia; Ecuador; Former Yugoslav  Republic of Macedonia; 
Georgia; Jordan; Kyrgyz Republic; Moldova; Mongolia; Oman; Panama;  Saudi Arabia; Chinese Taipei; Tonga; Viet Nam; and Ukraine.   LDC RAMs as well as othe r RAMs who have since their date of accession become 
Members of the EC are not included in this list.   TN/MA/W/103/Rev.3/Add.1 
Page 32  
 
  24. Members take note of the on-going work on the proposals in Annex 5.  Members consider 
that the following proposals
9 merit particular attention in text-based negotiations in order to 
achieve substantive NTB results: 
  (a) The horizontal proposals on: 
(i) Ministerial Decision on Procedures for the Facilitation of Solutions to 
Non-Tariff Barriers; and 
(ii) Ministerial Decision on Trade in Remanufactured Goods. 
(b) The vertical proposals on: 
(i) Negotiating Proposal on Non-Tariff Barri ers in the Chemical Products and 
Substances Sector; 
(ii) Understanding on the Interpretation of the Agreement on Technical Barriers 
to Trade as Applied to Trade in Electronics; 
(iii) Agreement on Non-Tariff Barriers Pertaining to the Electrical Safety and 
Electromagnetic Compatibility (EMC) of Electronic Goods; 
(iv) Understanding on the Interpretation of the Agreement on Technical Barriers 
to Trade with Respect to the Labelling of Textiles, Clothing, Footwear, and Travel Goods; and 
(v) Agreement on Non-Tariff Barriers pert aining to Standards, Technical 
Regulations and Conformity Assessment Procedures for Automotive Products. 
(c) Text-based negotiations on vertical pr oposals would also pay attention to any 
systemic or cross-cutting issues, including t hose relating to the TBT Agreement, that 
may arise from these proposals.  Negotiations  on bilateral requests should proceed in 
tandem.  This will allow for sufficient time to multilateralize the outcomes through 
inter alia incorporating them where appropriate into Part III of the schedules.   
25. The text-based negotiations shall take place in the context of dedicated NTB sessions and 
work will continue in accordance with the following timetable:  
 
(a) text-based negotiations shall begin immediately on the NTB proposals in light of  
paragraph 24, on the basis of the pr oposed legal texts in Annex 5; 
(b) no later than two months from the date of the establishment of these modalities 
Members shall table any revised legal text suggestions;  and 
(c) Members shall finalize the negotiating texts for the purpose of legal revision as early 
as possible before the submission of final comprehensive draft schedules.  
26. These negotiations shall take fully into account  the principle of special and differential  
 treatment for developing and least-developed Members. 
 
                                                     
 
9 Cuba has requested that its proposal be listed in paragraph 24.  TN/MA/W/103/Rev.3/Add.1 
 Page 33 
 
 
  Capacity-Building Measures  
27. Members are committed to enhancing trade cap acity-building measures to assist Members in 
the early stages of development, and in par ticular Least Developed Country Members, to 
address their inherent supply side capacity cons traints and the challenges that may arise from 
increased competition as a result of MFN tariff reductions.  These measures, including the 
Enhanced Integrated Framework for Least Developed Countries and other Aid-for-Trade 
initiatives, shall be designed to  enable such Members to take  advantage of increased market 
access opportunities, including through diversifica tion of export products and markets, and to 
meet technical standards/requirements and address other non-tariff measures. 
 
Non-reciprocal preferences  
28. MFN liberalization resulting from the DDA will erode non-reciprocal preferences in respect 
of a limited number of tariff lines which are of vital export importance for developing 
Members beneficiaries of such preferences.  As a result, and in order to provide these 
Members with additional time for adjustment , the reduction of MFN tariffs on those tariff 
lines shall be implemented in 9 equal rate re ductions by the preference-granting developed 
Members concerned. The first reduction shall be implemented two years after the first reduction required under pa ragraph 6(f) and each successive re duction shall be made effective 
on 1 January of each of the following years.  Th e relevant tariff lines shall be those contained 
in Annex 2 for the European Communities and in Annex 3 for the United States.  
 29. To further assist preference receiving countri es to meet the challenges that will arise from 
increased competition as a result of MFN tariff re ductions, preference granting Members, and 
other Members in a position to do so, are urged to increase their assist ance to these Members 
through mechanisms including the Enhanced Integrated Framework for Least Developed Countries and other Aid-for-Trade initiatives.  They are also urged to simplify the rules of origin in their preference programs so that preference receiving Members can make more effective use of such preferences.  Progress in the implementation of such assistance, and its 
effectiveness in achieving the objectives of this paragraph, shall be reviewed periodically in 
the Committee on Trade and Development. 
 30. As a result of action taken under paragraph 28 , some developing Members who do not benefit 
from these preferences and who export under some of those same tariff lines to those 
preference granting markets, may be disproportio nately affected.  For these Members (listed 
in Annex 4), the reduction agreed in paragr aph 5 on the relevant tariff lines shall be 
implemented, by waiver of Article I of the GATT of sufficient duration to cover the full implementation period, in 6 equal rate reductions, in the relevant preference granting markets.  
The first reduction shall be implemented on 1 January of the year following the entry into 
force of the DDA results and each successive reduction shall be made effective on 1 January of each of the following years.  The relevant ta riff lines on which such staging in the relevant 
preference granting markets shall be implemented are listed in Annex 4.  
 
Non-agricultural environmental goods
 
31. The Committee on Trade and Environment in  Special Session (CTESS) is working with a 
view to reaching an understanding on environm ental goods.  Members are instructed to take 
guidance from this work and initiate negotiati ons, without prejudging their outcome, on the 
reduction or, as appropriate , elimination of tariffs and NTBs on non-agricultural 
environmental goods.  TN/MA/W/103/Rev.3/Add.1 
Page 34  
 
  ANNEX 1
 
 
Product Coverage of Non-Agricultural  Products at the tariff line level  
in the Harmonized System 2002 Nomenclature 
 
The modalities for non-agricultural products  shall cover the following products:10 
(a)  Fish and fish products defined as: 
Code/ 
Heading  Product Description11 
Chapter 3 Fish and crustaceans, mollu scs and other aquatic invertebrates 
05.08 Coral and similar materials, unworked or simply prepared but not otherwise worked; 
shells of molluscs, crustaceans or echinoder ms and cuttle-bone, un worked or simply 
prepared but not cut to shape, powder and waste thereof 
05.09 Natural sponges of animal origin 
0511.91 -- Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals 
of Chapter 3 
1504.10 - Fish-liver oils and their fractions 
1504.20 - Fats and oils and their fractions, of fish, other than liver oils 
ex 1603.00 - Extracts and juices fish or crus taceans, molluscs or othe r aquatic invertebrates 
16.04 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs 
16.05 Crustaceans, molluscs and other aquatic  invertebrates, prepared or preserved 
2301.20 - Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic 
invertebrates 
 
(b)  Chapters 25 to 97, except the following agricultural products:  
Code/ 
Heading  Product Description11 
2905.43 -- Mannitol 
2905.44 -- D-glucitol (sorbitol) 
2905.45 -- Glycerol 
33.01 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted 
oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, 
obtained by enfleurage or m aceration; terpenic by-products  of the deterpenation of 
essential oils; aqueous distillates and aqueous solutions of essential oils 
ex 3302.10 --Of a kind used in the manufacture of beverages 
35.01 Casein, caseinates and other casein derivatives; casein glues  
                                                      
10 The following deviations are noted without prejudice to the rights and obligations of Members and 
without creating a precedent for future negotiations.  Firstly, Japan will sc hedule as non-agricultural products 
the following HS2002 Codes: 1212.20 (Seaweeds and other algae), 1302.31 (Agar-agar) and ex 2106.90 (Other 
food preparations not elsewhere specified or included, with the largest single ingredient consisting of products 
specified in sub-heading 1212.20 by weight; Hijikia fusi-formisu; and seaweed products).  Secondly, the following Members will schedule some of the HS2002 C odes and Headings covered by paragraphs (a) and (b) 
as agricultural products: Tunisia (0511.91, ex1603.00 and 2301.20); Turkey (ex1603.00, 1604 and 1605) and 
Switzerland (05.08, 0511.91, 1504.10, 1504.20 and 2301.20). 
11 The product descriptions for HS Codes with ex-outs are specific and do not cover the entire 6-digit 
HS Code.  TN/MA/W/103/Rev.3/Add.1 
 Page 35 
 
 
  Code/ 
Heading  Product Description11 
35.02 Albumins (including concentrates of two or more whey proteins, containing by weight 
more than 80% whey proteins, calculated on the dry matter), albuminates and other 
albumin derivatives 
35.03 Gelatin (including gelatine in rectangular (including square) sheets, whether or not 
surface-worked or colo ured) and gelatin derivatives; isinglass; other glues of animal 
origin, excluding casein glues of heading 35.01 
35.04 Peptones and their derivatives; other protein substances and their derivatives, not 
elsewhere specified or included; hide powder, whether or not chromed 
35.05 Dextrins and other modified starches (for ex ample, pregelatinised or esterified starches); 
glues based on starches, or on dextrins or other modified starches  
3809.10 - With a basis of amylaceous substances 
38.23 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols 
3824.60 - Sorbitol other than that of subheading 2905.44 
41.01 Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, 
dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or 
further prepared), whether or not dehaired or split  
41.02 Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise 
preserved, but not tanned, parchment-dressed or further prepared), whether or not with 
wool on or split, other than those excluded by Note 1 (c) to this Chapter . 
41.03 Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, 
but not tanned, parchment-dressed or further pr epared), whether or not  dehaired or split, 
other than those excluded by Note 1 (b) or 1 (c) to this Chapter 
43.01 Raw furskins (including heads, tails, paws and other pieces or cuttings suitable for 
furriers' use), other than raw hides and skins of heading 41.01, 41.02 or 41.03 
50.01 Silk-worm cocoons suitable for reeling 
50.02 Raw silk (non-thrown) 
50.03 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) 
51.01 Wool, not carded or combed 
51.02 Fine or coarse animal hair, not carded or combed  
51.03 Waste of wool or of fine or coarse animal hair, including yarn waste but excluding 
garnetted stock 
52.01 Cotton, not carded or combed 
52.02 Cotton waste (including yarn waste and garnetted stock) 
52.03 Cotton, carded or combed 
53.01 Flax, raw or processed but not spun; flax tow and waste (including yarn waste and 
garnetted stock) 
53.02 True hemp (Cannabis sativa L.) , raw or processed but not spun; tow and waste of true 
hemp (including yarn waste and garnetted stock) 
 TN/MA/W/103/Rev.3/Add.1 
Page 36  
 
  ANNEX 2
 
 
European Communities 
 
Tariff line Indicative product description 
0302.32.90 Yellowfin tunas ( Thunnus albacares ), fresh or chilled, other than for the industrial 
manufacture of products of heading 16.04 
0302.69.19 Other fish, excluding livers and roes, other than carp 
ex 0302.69.99 The following fish, fresh or chilled, excluding livers and roes: Lesser African threadfin, 
Sompat grunt, Sea Catfish, Yellow croaker, Largehead hairtail, Cassava croaker, White 
grouper, Red Pandora, Flagfin mojarra 
0303.79.19 Other fish, frozen, excluding livers and roes 0303.79.87 Swordfish ( Xiphias gladius ), frozen  
ex 0303.79.98 The following frozen fish: Lesser Afri can threadfin, Sompat grunt, Sea Catfish, Yellow 
croaker, Largehead hairtail, Cassava croaker, White grouper, Red Pandora, Flagfin mojarra 
0304.10.19 Fish fillets and other fish meat (whether or not minced), fresh or chilled, of other 
freshwater fish 
0304.10.38 Other fish fillets and other fish meat, fresh or chilled 
0304.20.19 Frozen fillets, of other freshwater fish 
0304.20.45 Frozen fillets, of tuna (of the genus  Thunnus ) and of fish of the genus Euthynnus  
ex 0304.20.94 Frozen fillets of the following fish: Lesser African threadfin, Sompat grunt, Sea Catfish, 
Yellow croaker, Largehead hairtail, Cassava croaker, White grouper, Red Pandora, 
Flagfin mojarra 
0306.13.40 Deepwater rose shrimps ( Parapenaeus longirostris ) 
0306.13.50 Shrimps of the genus Penaeus  
0306.13.80 Other shrimps and prawns 
0307.49.18 Other cuttle fish ( Sepia officinalis, Rossia macrosoma, Sepiola spp .), frozen 
0307.59.10 Other octopus ( Octopus spp. ), frozen 
0307.99.18 Other molluscs, whether in shell or not,  live, fresh, chilled, frozen, dried, salted or in 
brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, 
frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen 
0307.99.90 Other molluscs, whether in shell or not,  live, fresh, chilled, frozen, dried, salted or in 
brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, 
frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other 
than crustaceans, fit for human consumption, frozen 
1604.14.11 Tunas and skipjack, in vegetable oil 1604.14.16 Tunas and skipjack, fillets known as ‘loins’ 
1604.14.18 Other preserved or prepared tunas and skipjack 
1604.19.31 Other fish fillets known as ‘loins’ 1604.20.70 Preparations of tunas, skipjack or other fish of the genus Euthynnus  
2932.12.00 2-Furaldehyde (furfuraldehyde)  TN/MA/W/103/Rev.3/Add.1 
 Page 37 
 
 
  Tariff line Indicative product description 
5208.12.96 Plain weave of cotton, weighing  more than 100 g/m², not exceeding 165 cm 
5208.12.99 Plain weave of cotton, weighing more than 100 g/m², exceeding 165 cm 
5209.42.00 Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more 
than 200 g/m2 - Denim  
5701.10.10 Carpets, of wool or fine animal hair, containing a total of more than 10 % by weight of 
silk or of waste silk other than noil 
5701.10.90 Other carpets and other textile floor covering, knotted, whether or not made up, of wool 
or fine animal hair 
6105.10.00 Men's or boys' shirts, knitted or crocheted, of cotton. 
6105.20.10 Men's or boys' shirts, knitte d or crocheted, of synthetic fibres. 
6106.10.00 Women's or girls' blouses, shirts, and shirt-blouses, knitted or crocheted, of cotton 
6109.10.00 T-shirts, singlets and other vests, knitted or crocheted, of cotton 
6109.90.10 T-shirts, singlets and other vests, knitte d or crocheted, of wool or fine animal hair 
6109.90.30 T-shirts, singlets and other vests,  knitted or crocheted, of man-made fibres 
6109.90.90 T-shirts, singlets and other vest s, knitted or crocheted, of other fibres 
6110.11.30 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of wool 
6110.12.10 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted; of Kashmir (cashmere) goats 
6110.12.90 Women's or girls'  Jerseys, pullovers, cardigans, waistc oats and similar articles, knitted or 
crocheted, of Kashmir (cashmere) goats 
6110.19.90 Women's or girls' jerseys, pullovers, ca rdigans, waistcoats and similar articles, knitted or 
crocheted, of final animal hair 
6110.20.91 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of cotton 
6110.20.99 Women's or girls' jerseys, pullovers, ca rdigans, waistcoats and similar articles, knitted or 
crocheted, of cotton 
6110.30.91 Men's or boys' jerseys, pullovers, card igans, waistcoats and similar articles, knitted or 
crocheted, of man-made fibres 
6110.30.99 Women's or girls' Jerseys, pullovers, ca rdigans, waistcoats and similar articles, knitted or 
crocheted, of man-made fibres 
6203.42.11 Men’s and boys’ trousers, bib and br ace overalls, breeches and shorts, of cotton, 
industrial and occupational 
6203.42.31 Men’s and boys’ trousers, bib and brace  overalls, breeches and shorts, of cotton, of 
denim 
6203.42.35 Men's or boys'  trousers, bib and brace overalls, breeches and shorts, of other cotton 
6204.52.00 Women's or girls' skirts and divided skirts, of cotton 
6204.62.39 Women's or girls' trousers, bib and brace overalls, breeches and shorts, of cotton, other 
6204.63.18 Women's or girls' trousers, bib an d brace overalls, breeches and shorts, of synthetic 
fibres (excluding industrial and occupational) 
6205.20.00 Men's or boys' shirts, of cotton TN/MA/W/103/Rev.3/Add.1 
Page 38  
 
  Tariff line Indicative product description 
6206.30.00 Women's or girls' blouses, shirts and shirt-blouses, of cotton 
6212.10.90 Other brassieres, whether or not knitted or crocheted 
6214.20.00 Shawls, scarves, mufflers, mantillas, ve ils and the like, of wool or fine animal hair 
7601.10.00 Unwrought aluminium, not alloyed 7601.20.10 Aluminium alloys, primary 
7601.20.91 Aluminium alloys, secondary, in ingots or in liquid state] 
 
Note :  The 57 tariff lines listed correspond to the tariff structure notified by the European Communities to the 
Integrated Database (IDB) for the year 2005, which is in the HS2002 nomenclature.  The product descriptions 
are indicative only.    
  TN/MA/W/103/Rev.3/Add.1 
 Page 39 
 
 
  ANNEX 3  
 
United States 
 
Tariff  line Indicative product description 
6101.30.20 Men's or boy's overcoats, carcoats, capes, cloaks, windbreakers and similar articles, 
knitted or crocheted, of man-made fibres, nesoi. 
6102.20.00 Women's or girls' overcoats, carcoats, capes, cloaks, anoraks, windbreakers and 
similar articles, knitted or crocheted, of cotton 
6103.42.10 Men's or boys' trousers, breeches and shorts, knitted or crocheted, of cotton 
6103.43.15 Men's or boys' trousers, breeches an d shorts, knitted or crocheted, of synthetic 
fibers, nesoi 
6104.62.20 Women's or girls' trousers, breeches and shorts, kn itted  or crocheted, of cotton 
6104.63.20 Women's or girls' tr ousers, breeches and shorts, knitted or crocheted, of synthetic 
fibers, nesoi 
6105.10.00 Men's or boys' shirts , knitted or crocheted, of cotton 
6105.20.20 Men's or boys' shirts, knitted or crocheted, of man-made fibres, nesoi 
6106.10.00 Women's or girls' blouses and shirts, knitted or crocheted, of cotton 6107.11.00 Men's or boys' underpants an d briefs, knitted or crocheted, of cotton 
6108.21.00 Women's or girls' briefs and panties, knitted or crocheted, of cotton 6109.10.00 T-shirts, singlets, tank tops and si milar garments, knitted or crocheted, of cotton 
6109.90.10 T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of man-
made fibers 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6110.30.30 Sweaters, pullovers and similar artic les, knitted or crocheted, of manmade fibers, 
nesoi 
6114.20.00 Other garments, knitted or crocheted, of cotton 
6201.92.20 Men's or boys' an oraks, windbreakers & similar ar ticles  nesoi, not knitted or 
crocheted, of cotton, not cont. 15% or more by wt of down, etc 
6203.42.20 Men's or boys' bib and brace overalls, not knitted or crocheted, of cotton, not 
containing 10 to 15% or more by weight of down, etc 
6203.42.40 Men's or boys' trousers and shorts, no t bibs, not knitted  or crocheted, of cotton, not 
containing 15% or more by weight of down, etc 
6203.43.40 Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt 
down etc, cont under 36% wt wool, n/water resist, not k/c 
6204.62.40 Women's or girls' tr ousers, breeches and shorts, not kn itted or crocheted, of cotton, 
nesoi 
6204.63.35 Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of 
synthetic fibers, nesoi 
6205.20.20 Men's or boys' shirts, not kn itted or crocheted, of cotton,  nesoi 
6205.30.20 Men's or boys' shirts, not knitte d or crocheted, of manmade fibers, nesoi 
 TN/MA/W/103/Rev.3/Add.1 
Page 40  
 
  Tariff  line Indicative product description 
6206.40.30 Women's or girls' blouses and shirts , not knitted or crocheted, of manmade fibers, 
nesoi 
6209.20.30 Babies’ trousers, breeches and shorts, except those imported as parts of sets, not 
knitted or crocheted, of cotton 
6211.32.00 Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of 
cotton 
6211.33.00 Men's or boys' track suits or other ga rments nesoi, not knitted or crocheted, of man-
made fibers 
6212.10.90 Brassieres, not containing lace, net or embroidery, containing under 70% by wt of 
silk or silk waste, whether or not knitted or crocheted 
 
Note : The 29 tariff lines correspond to the tariff stru cture notified by the United States to the Integrated 
Database (IDB) for the year 2005, which is in the HS2002 nomenclature.  The product descriptions are 
indicative only.   
 
   TN/MA/W/103/Rev.3/Add.1 
 Page 41 
 
 
   
ANNEX 4  
 
 1.  Bangladesh, for the following tariff lines in Annex 3 (US): 
 
Tariff line Indicative product description 
6103.43.15 Men's or boys' trousers, breeches and shor ts, knitted or crocheted, of synthetic fibers, nesoi 
6108.21.00 Women's or girls' briefs and panties, knitted or crocheted, of cotton 
6203.43.40 Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, 
cont under 36% wt wool, n/water resist, not k/c 
6205.30.20 Men's or boys' shirts, not knitte d or crocheted, of manmade fibers, nesoi 
6212.10.90 Brassieres, not containing lace, net or embroidery, containing under 70% by wt of silk or silk 
waste, whether or not knitted or crocheted 
 
 2. Cambodia, for the following tariff lines in Annex 3 (US):  
Tariff line Indicative product description 
6102.20.00 Women's or girls' overcoats, carcoats, capes, cloaks, anoraks, windbreakers and similar 
articles, knitted or crocheted, of cotton 
6104.63.20 Women's or girls' trouser s, breeches and shorts, knitted or croc heted, of synthetic fibers, nesoi 
6106.10.00 Women's or girls' blouses and shirts, knitted or crocheted, of cotton 
6114.20.00 Other garments, knitted or crocheted, of cotton 6204.63.35 Women's or girls' trouser s, breeches and shorts, not knitted or  crocheted, of synthetic fibers, 
nesoi 
 
 
3. Nepal, for the following tariff lines in Annex 3 (US): 
 
Tariff line Indicative product description 
6103.42.10 Men's or boys' trousers, breeches and shorts, knitted or crocheted, of cotton 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6203.42.40 Men's or boys' trousers and shorts, not bibs , not knitted  or crocheted, of cotton, not containing 
15% or more by weight of down, etc 
6204.62.40 Women's or girls' trous ers, breeches and shorts, not knitted or crocheted, of cotton, nesoi 
6205.20.20 Men's or boys' shirts, not kn itted or crocheted, of cotton,  nesoi 
 
 
4.  Pakistan, for the following tariff lines in Annex 2 (EC):  
Tariff line Indicative product description 
0306.13.80 Other shrimps and prawns 
5208.12.99 Plain weave of cotton, weighing more than 100 g/m², exceeding 165 cm 
 TN/MA/W/103/Rev.3/Add.1 
Page 42  
 
  Tariff line Indicative product description 
5701.10.90 Other carpets and other textile floor cove ring, knotted, whether or not made up, of wool or 
fine animal hair 
6109.10.00 T-shirts, singlets and other vests, knitted or crocheted, of cotton 
6203.42.31 Men’s and boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, of denim 
 
 
 And for the following lines in Annex 3 (US):  
Tariff line Indicative product description 
6105.10.00 Men's or boys' shirts , knitted or crocheted, of cotton 
6109.10.00 T-shirts, singlets, tank tops and si milar garments, knitted or crocheted, of cotton 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6203.42.40 Men's or boys' trousers and shorts, not bibs , not knitted  or crocheted, of cotton, not containing 
15% or more by weight of down, etc 
6204.62.40 Women's or girls' trous ers, breeches and shorts, not knitted or crocheted, of cotton, nesoi 
 
 
5.  Sri Lanka, for the following tariff lines in Annex 2 (EC):  
Tariff line Indicative product description 
0304.10.38 Other fish fillets and other fish meat, fresh or chilled 
6109.10.00 T-shirts, singlets and other vests, knitted or crocheted, of cotton 
6203.42.35 Men's or boys'  trousers, bib and brace overalls, breeches and shorts, of other cotton 
6204.62.39 Women's or girls' trousers, bib and brace overalls, breeches and shorts, of cotton, other 
6212.10.90 Other brassieres, whether or not knitted or crocheted 
 
  And for the following tariff lines in Annex 3 (US): 
  
Tariff line Indicative product description 
6110.20.20 Sweaters, pullovers and similar artic les, knitted or crochete d, of cotton, nesoi 
6203.42.40 Men's or boys' trousers and shorts, not bibs , not knitted  or crocheted, of cotton, not containing 
15% or more by weight of down, etc 
6204.62.40 Women's or girls' trous ers, breeches and shorts, not knitted or crocheted, of cotton, nesoi 
6205.20.20 Men's or boys' shirts, not knitted or crocheted, of cotton, nesoi 
6212.10.90 Brassieres, not containing lace, net or embroidery, containing under 70% by wt of silk or silk 
waste, whether or not knitted or crocheted 
 
 
Note :  All the tariff lines mentioned above correspond to the tariff structure notified by the European 
Communities and the United States to the Integrated Databa se (IDB) for the year 2005, which is in the HS2002 
nomenclature.  The product descri ptions are indicative only.   
   TN/MA/W/103/Rev.3/Add.1 
 Page 43 
 
 
                ANNEX 5  
 
NTB TEXTUAL PROPOSALS12 
 
 This compilation is without prejudice to the positions of Members and to their rights and 
obligations under the WTO Agreement.   The inclusion of a proposal in this Annex does not presume 
a consensus around it.  
 
Table of contents  Page  
 
I. MINISTERIAL DECISION ON PROCEDURES FOR THE FACILITATION 
OF SOLUTIONS TO NON-TARIFF BARRIERS ..............................................................44  
II. NEGOTIATING PROPOSAL ON NON-TARIFF BARRIERS IN THE 
CHEMICAL PRODUCTS AND SUBSTANCES SECTOR ..............................................49  
III. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN 
FIREWORKS...................................................................................................................... ....52  
IV. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT 
ON  TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN 
LIGHTER PRODUCTS  ........................................................................................................55  
V. DECISION ON THE ELIMINATION OF NON-TARIFF BARRIERS 
IMPOSED AS UNILATERAL TRADE MEASURES .......................................................57  
VI. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN ELECTRONICS .................................................................................................................... .58
 
VII. REVISED SUBMISSION ON EXPORT TAXES................................................................67  
VIII.  UNDERSTANDING ON THE INTERPRETATION OF  THE AGREEMENT 
ON TECHNICAL BARRIERS TO TRADE WITH RESPECT TO THE LABELLING OF TEXTILES, CLOTHING, FOOTWEAR, AND TRAVEL GOODS .......................................................................................................................... ..........70
 
IX. PROTOCOL ON TRANSPARENCY IN EXPORT LICENSING TO THE 
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 ........................................75  
X. DECISION ON NON-TARIFF BARRIERS AFFECTING FORESTRY PRODUCTS USED IN BUILDI NG CONSTRUCTION ....................................................78
 
XI. AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO THE 
ELECTRICAL SAFETY AND ELECTROMAGNETIC COMPATIBILITY (EMC) OF ELECTRONIC GOODS ....................................................................................80
 
XII. MINISTERIAL DECISION ON TRADE  IN REMANUFACTURED GOODS ..............87  
XIII.  AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO 
STANDARDS, TECHNICAL REGULATIONS, AND CONFORMITY ASSESSMENT PROCEDURES FOR AUTOMOTIVE PRODUCTS
 .............................88  
 
                                                      
12 The proposals have been compiled in alphabetical order of the submitting Member(s).  TN/MA/W/103/Rev.3/Add.1 
Page 44  
 
   
I. MINISTERIAL DECISION ON PROCED URES FOR THE FACILITATION OF 
SOLUTIONS TO NON-TARIFF BARRIERS
 13 
Ministers , 
 
 Recalling that in paragraph 16 of the Doha Mini sterial Declaration, Annex B of the 
Framework Agreement and paragra ph 22 of the Hong Kong Ministerial Declaration, Members agreed 
to negotiations on, inter alia , reduction or as appropriate elimin ation of non-tariff barriers, in 
particular on products of export in terest to developing countries, 
  
Conscious of the fact that non-tariff measures vary significantly in form, effects and 
objectives, and that non-tariff measures can serve legitimate and important purposes pursued by 
Members, whilst non-tariff measures may also c onstitute barriers that affect market access 
opportunities for other WTO Members and potentially impair benefits sought to be achieved from the 
reduction or elimination of tariffs, 
  
Recognizing that flexible and expeditious procedures of  a conciliatory and non-adjudicatory 
nature, involving a facilitator, may promote mutu ally acceptable solutions to Members' concerns 
regarding non-tariff barriers that aid exporters  and importers, while respecting the legitimate 
objectives of the Members maintaining the measures,  
 
Recognizing  that these procedures neither alter nor  address the rights and obligations of 
Members under the WTO Agreement, 
 
Recognizing  that these procedures build upon and further the objectives of existing 
procedures in WTO bodies, 
 
Emphasizing that the procedures under this Decision are not intended to replace or otherwise 
affect the Understanding on Rules and Procedur es Governing the Settlement of Disputes, and 
Members’ rights and obligations thereunder, 
 
Decide  as follows: 
 
GENERAL PROVISIONS  
 
1. Pursuant to this Decision, any Member  may seek to address through recourse to the 
procedures set out below its concerns regarding any non-tariff barrier (‘NTB’), as specified in 
Annex 1 of this Decision, which it be lieves adversely affects its trade. 
  2. These procedures shall neither enforce any ri ghts or obligations under the WTO Agreement 
nor add to or diminish the rights and obligations  of Members, and shall be without prejudice to 
Members’ rights and obligations under the Unde rstanding on Rules and Procedures concerning the 
Settlement of Disputes ("DSU"). 
 
3. These procedures shall be applied in the context of relevant WTO Committees
14.  
 
                                                      
13 Submitted by the African Group, Canada, European Communities, LDC Group, NAMA-11, 
Group of Developing Countries, New Zealand, Norway, Pakistan and Switzerland (document TN/MA/W/106). 
14 The relevant WTO Committee is the one overseei ng the operation of the WTO agreement most 
closely related to the measure at issue. If there is no such Committee for a particular measure, the request shall 
be notified to the Council for Trade in Goods.  TN/MA/W/103/Rev.3/Add.1 
 Page 45 
 
 
  4. Any time limit referred to in this Decision ma y be modified by mutual agreement between the 
Members involved in these procedures.   5. At all stages of these procedures, the special  situation of least-developed country Members 
involved in these procedures shall be given particular  consideration. In this regard, Members shall 
exercise due restraint in raising matters under these procedures involving a least-developed country 
Member and solutions explored shall take into consideration the specific situation of the least 
developed country Member involved, if any.    
P
ROCEDURES FOR ADDRESSING CONCERNS REGARDING NTB S 
 
Stage I:  Request and Response on a Specific NTB  
 
6. Any Member (the ‘requesting Member’) may, individually or jointly with other Members, 
initiate Stage I of these procedures by submitting in writing to another Member (the ‘responding 
Member’) a request for information regarding a non-tariff barrier. The request shall identify and 
describe the specific measure at i ssue and provide a detailed description of the requesting Member's 
concerns regarding the measure's impact on trade.   
7. The responding Member shall provide, within [2 0] days, to the extent practicable, a written 
response containing its comments on the information contained in the request.  Where the responding 
Member considers that a response within [20] days  is not practicable, it shall inform the requesting 
Member of the reasons for the delay, together with  an estimate of the period within which it will 
provide its response.   
 
8. Upon submission, the requesting Member sh all notify its request to the relevant WTO 
Committee,
15 which shall circulate it to all Members.  The responding Member shall equally notify its 
response to the relevant WTO Committee, which sh all circulate it to all Members. Following the 
receipt of these notifications, upon the request of either the requesting or the responding Member (hereinafter referred to as “the parties”), the Ch airperson or one of the Vice Chairpersons of the 
relevant WTO Committee shall convene  a meeting with the parties to inter alia  address any 
outstanding issues and explore possible next steps.  
Stage II:  Resolution Procedures 
 
9. Following this initial information exchange unde r Stage I, the parties shall decide on whether 
to proceed to Stage II of these procedures. Stag e II of these procedures ma y only be initiated by 
mutual agreement of the parties. However, if one of the parties requests to proceed to Stage II of these 
procedures, the other party shall accord symp athetic consideration to that request.  
 10. The parties shall notify 
any decision to proceed to Stage II to  the relevant WTO Committee.     
 
11. Any other Member may submit a written request  to the parties, within [10] days of 
notification under paragraph 10, that  it be permitted to participate in these procedures as a third party.  
Such other Member may participate in these proce dures if both parties so agree and on the terms 
agreed to by the parties. 
 
                                                      
15 If the Committee to which these communications were notified considers itself not to be the relevant 
Committee, it shall forward the notifications to the Co mmittee overseeing the opera tion of the WTO agreement 
most closely related to the measure at issue, or if it is  unclear which WTO agreement is  most closely related, to 
the Council for Trade in Goods. TN/MA/W/103/Rev.3/Add.1 
Page 46  
 
  11bis.  Once initiated, Stage II shall be term inated upon request of either party. 
 
Appointment of a Facilitator 
 
12. Upon their agreement to initiate Stage II of these procedures, the parties may request that the 
Chairperson of the relevant WTO Committee, (or if  it is unclear which agreement is most closely 
related, the Chairperson of the Council for Trade in Goods), or one of the Vice Chairpersons, serve as 
facilitator. Alternatively, the par ties may request that a Friend of th e Chair agreed upon by the parties 
serve as facilitator. If the parties cannot agree on th e appointment of a facilitator within [15] days of 
the initiation of Stage II of these procedures, and if on e of the parties so requests, the [Chairperson of 
the Council for Trade in Goods] shall appoint the fac ilitator within an additional [10] days and after 
consulting the parties. The selection of facilitator sha ll take place in accordance with Annex 2 of this 
Decision.  
Seeking Mutually Agreed Solutions 
 
13. The facilitator, in consultation with the par ties, shall have full flexibility in organizing and 
conducting the deliberations under these procedures, which normally should take place at the WTO 
headquarters, unless the parties agree on any other place of mutual convenience, taking into account 
possible capacity constraints of developing country pa rties. The facilitator and the parties may rely on 
existing working procedures of any WTO Committee con cerned, to the extent they are relevant for the 
prompt resolution of the NTB in question. Vide o conferencing and other telecommunication facilities 
may be utilized, if considered suitable and agreed to between the parties.  
 14. Either party may present to the facilitator a nd the other party any in formation that it deems 
relevant. 
  
15. In assisting the parties, in an impartial and tr ansparent manner, in bringing clarity to the NTB 
concerned and its possible trade-related impact, the facilitator may:   
(a) offer advice and propose possible solutions for the parties’ consideration, taking into 
account the information presented by the parties; provided  any such opinion shall not 
pertain to the WTO consistency of the NTB,  the parties' rights and obligations under 
the WTO Agreement, or to any possible leg itimate objectives for the maintenance of 
the measure;  
 (b) organize meetings between, and meet individuall y or jointly with, the parties, in order 
to facilitate discussions on the NTB and to assist in reaching mutually agreed 
solutions;  
 (c) seek assistance of the WTO Secretariat and, after consulting with the parties, consult 
with relevant experts and stakeholders; and 
 
(d) provide any additional support requested by the parties.  
 
16. All meetings and information (whether provided in oral or written form) acquired pursuant to 
paragraphs 14, 15 and 16 of these procedures shall be  confidential and without prejudice to the rights 
of any party or other WTO Member in any dispute settlement proceeding under the DSU. 
  
17. The parties shall endeavour to reach a mutua lly agreed solution within [60] days from the 
appointment of the facilitator. Pending final resoluti on of the NTB, the parties may consider possible 
interim solutions, especially if th e NTB relates to perishable goods. 
  TN/MA/W/103/Rev.3/Add.1 
 Page 47 
 
 
  Outcome and Implementation 
 
18. Upon termination of Stage II of these procedur es by a party or in the event that the parties 
reach a mutually agreed solution, the facilitator shall issue to the pa rties, in writing, a draft factual 
report, providing a brief summary of (1) the NTB at  issue in these procedures; (2) the procedures 
followed; and (3) any mutually agreed solution re ached as the final outcome of these procedures, 
including possible interim solutions. The facilitator shall provide the parties [15] days to comment on the draft report. After considering the comments of th e parties, the facilitator shall submit, in writing, 
a final factual report to the relevant WTO Committee.   
19. If the parties reach a mutual ly agreed solution, such solu tion shall be implemented in 
conformity with the WTO Agreement.   
F
INAL PROVISIONS  
 
Transparency 
 
20. Notifications pursuant to this Decision an d the facilitators’ final factual reports shall 
constitute regular items on the agenda of the re levant WTO Committees. Adequate opportunity shall 
be provided for an exchange of views amongst Members in the relevant WTO Committee. 
 
21. For the purpose of transparency , the Chairpersons of the rele vant WTO Committees [or, when 
applicable, the Council for Trade in Goods] shall pr ovide to Members, on an annual basis, a status 
report of notified requests and r esponses and of ongoing and recently completed procedures, together 
with a list of any reports from facilitators.  
 
Technical Assistance 
 
22. Developing country Members and in par ticular least-developed country Members may 
request assistance from the WTO Secretariat to promote their understanding of the use and 
functioning of these procedures. Technical assist ance required by least-developed country Members 
will be made available through the Technical Assistance Programmes of the WTO. Developed 
country Members are encouraged to provide technical assistance , inter alia , to share with developing 
country Members their experience for effective participation in these procedures.  
Application and Review 
 
23.  The Council for Trade in Goods and the relevant Committees
15 shall apply this Decision and 
implement it within the framework of their work fro m the date of the adoption of this Decision.  The 
Council for Trade in Goods and each Committee to which this Decision applies may decide, by 
consensus, to modify certain procedural aspects of this Decision.  Any modifications shall apply only 
within the Council or Committee that has adopted the modifications and only to procedures initiated 
after the date of effectiveness of the decision on the modifications.  
 
24. In light of experience gained from the opera tion of these procedures, the [Council for Trade in 
Goods] will undertake a review of the effectivene ss of the procedures under this Decision no later 
than [5] years after the adoption of this Decisi on. Based on this review, Members may decide on 
whether to extend these procedures to other matte rs falling under the WTO Agreement or otherwise 
modify these procedures.  TN/MA/W/103/Rev.3/Add.1 
Page 48  
 
  Annex 1
 
 
  These procedures shall cover all NTBs affecti ng trade in goods and falling under the remit of 
the Council for Trade in Goods, except: 
 
• Any measure regulated by th e Agreement on Agriculture; 
• Countervailing measures adopted pursuant to Part V of the Agreement on Subsidies 
and Countervailing Measures; 
• Antidumping measures within the meaning of Article 1 of the Agreement on 
Implementation of Article VI of the GATT 1994;  and 
• Safeguard measures within the meaning of Article 1 of the Agreement on Safeguards. 
 
 
Annex 2
 
 
  In so far as the facilitator agreed upon by the parties or appointed by the Chairperson of the 
Council for Trade in Goods in accordance with paragr aph 12 of this Decision is not the Chairperson 
of the relevant WTO Committee, or one of the Vice Chairpersons: 
 1. Facilitator shall be well-qualified govern mental or non-governmental individuals. 
 2. Facilitator shall serve in their individual capacity and not as government representatives, nor 
as representatives of any organization.  
 3. Facilitator shall not be citizens of Memb ers whose governments are parties to these 
procedures, unless the parties agree otherwise.  4. Facilitator’s expenses, including travel and subsistence allowance, shall be met from the 
WTO budget in accordance with the criteria adopted  for panellists under Article 8.11 of the DSU. 
     TN/MA/W/103/Rev.3/Add.1 
 Page 49 
 
 
  II. NEGOTIATING PROPOSAL ON NON-TARIFF BARRIERS IN THE CHEMICAL 
PRODUCTS AND SUBSTANCES SECTOR 16 
A. INTRODUCTION  
 Pursuant to paragraph 16 of the Work Pr ogramme adopted at the Doha Ministerial 
Conference and paragraph 22 of the Decision adopted at the Hong Kong Ministerial Conference, Member States agreed to conduct negotiations to reduce or eliminate tariff and non-tariff barriers, 
particularly with regard to prod ucts of export interest to develo ping countries.  This document is a 
specific negotiating proposal by the Argentine Republ ic on non-tariff barriers in the chemicals sector. 
  Non-tariff barriers distort international trade inasmuch as they impede access to markets of 
vital importance to developing and least developed countries, increase export-related transaction costs 
and place domestic industries at a clear disadvantage at the expense of other WTO Members' 
producers.  Consequently, the elimination of non- tariff barriers is essential to achieve a fairer 
distribution of the benefits of opening up international trade.   In the chemicals sector, the continued existen ce of non-tariff barriers acts as a disincentive to 
participation in international trade, to the point of  preventing any type of commercial exchange.  This 
has a seriously adverse impact on the internationa l competitive environment in a sector of vital 
importance for developing countries, whose chemical  industries are mainly composed of small and 
medium-sized enterprises.   The global chemical industry is essential to a broad range of manufacturing and agricultural industries, which use chemical inputs for practically all their products.  By virtue of their capacity to 
transfer state-of-the-art technology to all parts of  the world, chemical industries in countries at all 
levels of development can be  internationally competitive.
17  The global output of this sector for 2006 
is estimated at US$3 billion, 41 per cent of which – US$1.2 billion – is traded internationally.  
Chemical exports account for 10.6 per cent of total world goods exports and 15.1 per cent of world 
trade in manufactures.  Moreover, this sector employs more than 7 million people throughout the 
world.  Developing countries' share of world trade in chemicals has increased  considerably in recent 
years, from 16.5 per cent in 1990 to nearly 2 per cent in 2006.18 
  The negotiating proposal set out below is aime d at addressing distortions in the international 
trade in chemical products.  A coherent and r easonable line of action would provide guarantees for 
trade in chemical products and substances, enabli ng other industrial sectors to  diversify and produce 
finished goods at lower cost. 
 B. 
PRODUCT COVERAGE  
 Given the complexity of the sector, this proposal covers only chemical substances and 
preparations on which sufficient information is available and which pose minimum risk to human 
health and the environment.  The list of such substances should be agreed by consensus between 
WTO Members and their minimum risk status shoul d be substantiated by technical reports with 
appropriate scientific authority.  
                                                     
 
16 Submitted by Argentina (document TN/MA/W/104). 
17 Based on the United States communication in the NAMA negotiations (TN/MA/W/58). 
18 Based on WTO statistics. TN/MA/W/103/Rev.3/Add.1 
Page 50  
 
  C. 
PRINCIPAL OBSTACLES TO NAMA NEGOTIATIONS ON NON -TARIFF BARRIERS  
 On the basis of an analysis conducted for th e chemicals sector, a number of obstacles have 
been identified which could usefully be considered  in the NAMA negotiations on non-tariff barriers. 
 
1. Substance labelling requirements 
 Although the labelling of chemical substances a nd preparations has the function of informing 
the consumer and/or user of essential product characteristics, labelling requirements may in many instances be excessive.  This probl em in exacerbated by the multiple requirements of certain 
Members, which bear no relation to internationall y agreed standards.  It is further compounded by 
constant changes in labelling regulations for such substances, which leads to a considerable increase 
in production costs. 
 
2. Requirements with regard to conformity assessment procedures 
 Conformity assessment procedures play an impor tant role in ensuring that products pose no 
risk to human health or the environment.  They  may, however, create unnecessary trade barriers by 
virtue of:  (i) the use of standards that are not in ternationally recognized;  (ii) non-recognition of third 
party tests and certificates;  (iii) wastage of samp les due to excess sampling;  and (iv) unnecessary 
testing and certification procedures.  All these re quirements constitute a major obstacle to trade, 
particularly for small and medium-sized enterprises.  
3. Substance registration and cost of registration 
 The registration requirement for chemical substances and preparations may constitute a 
complicated and costly market access procedure.  If the costs of conformity assessment, laboratory accreditation and labelling are added to the registra tion cost, the feasibility of market access is 
practically undermined.  4. Laboratory accreditation 
 In some cases, laboratories are required to co mply with national regulations which often go 
beyond the national requirements, thereby placing an additional obligation on enterprises through 
increased market access costs.  At the sa me time, laboratory accreditation becomes a sine qua non  for 
the products to gain access to the markets concerned.  
D. P
ARAMETERS FOR DISMANTLING NON -TARIFF BARRIERS IN THE CHEMICALS SECTOR  
1. Substance labelling requirements 
 Labelling requirements should be should be kept to the minimum necessary to meet the policy 
objective sought.  Members should agree on the maximum coverage of compulsory labelling 
requirements.  In addition, as regards the conten t of their respective requirements, Members should 
undertake to start negotiations in order to  define new standards where none exists. 
 
2. Requirements with regard to conformity assessment procedures 
 Members should undertake to: 
  - Agree on the nature of minimum risk s for which a supplier declaration may 
be regarded as sufficient;  as mentioned under heading II (Product Coverage), the list 
of minimum-risk products should be subs tantiated by sound scientific evidence;  TN/MA/W/103/Rev.3/Add.1 
 Page 51 
 
 
   - gradually phase out conformity assessm ent procedures for products posing no 
serious risk to human health and/or the environment; 
  - use internationally recognized test methods for conformity assessment;  
 - recognize third country test methods, to the extent that they comply with 
international standards; 
  - abolish re-certification and re-decl aration requirements for products which 
have not substantially changed. 
 
3. Substance registration and cost of registration 
 The mandatory registration of chemical substan ces and preparations should be standardized in 
such a way that each Member's domestic regulations  comply with internationally accepted standards.  
Once approved in the producer's country of origin, regi stration should be valid internationally, with no 
need for re-registration in third countries.  The ex cess costs that affect international trade in such 
products would thus be eliminated.  
4. Laboratory accreditation 
 Agreement should be reached on laboratories be ing required to comply with internationally 
agreed standards and to phase out requirements base d on national regulations.  The principles of good 
laboratory practice (GLP), adopted under Decision C(97)114/Final of the Organisation for Economic 
Co-operation and Development (OECD), are a good benchmark for ha rmonizing laboratory 
accreditation on the basis of the proced ures set forth in Standard ISO 17025. 
  TN/MA/W/103/Rev.3/Add.1 
Page 52  
 
  III. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN FIREWORKS
19   
 
Members,  
Recalling  Paragraph 16 of the Doha Ministeria l Declaration and Paragraph 22 of the 
Hong Kong Ministerial Declaration, where Members agr eed to negotiate with a view to reducing or as 
appropriate eliminating tariffs  and non-tariff barriers to trade in non-agricultural products; 
 
Considering the significant impact of fireworks on human safety, property and the 
environment and the lack of applicable  international standards on fireworks;  
 
Noting  that unreasonable and duplicative technica l regulations, standards and conformity 
assessment procedures on fireworks greatly impede  the international trade in fireworks;  
 
Desiring  to facilitate international trade in firewo rks through the establishment of universally 
accepted technical regulations, standards a nd conformity assessment procedures;   
 
Hereby agree  as follows: 
 
Article 1 - General Provisions 
 
1.1  The Understanding applies to fireworks under HS 360410.   1.2  The Understanding applies to technical re gulations, standards, and conformity assessment 
procedures related to the production and trade of fireworks that impede international trade. 
 
1.3  The provisions specified in the Understa nding shall constitute an interpretation of the 
Agreement on Technical Barriers to Trade set out  in Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization. 
 
Article 2 - Terms and Definitions 
 2.1  Firework  refers to any article cont aining explosive substances or  an explosive mixture of 
substances designed to produce heat, light, sound, gas,  or smoke, or a combination of such effects, 
through self-sustained exothermic chemical reactions intended for entertainment purposes. 
 
2.2  The terms and definitions referred to in the WTO Agreement on Technical Barriers to Trade 
and those in relevant ISO/IEC standard s shall apply to this Understanding. 
 
Article 3 - International Standards 
 
3.1  The WTO shall draw the attention of relevant  international standard- setting organizations to 
the absence of international standards of firewo rks and encourage them to prioritize fireworks 
standards development.   3.2  WTO Members are encouraged to participat e actively in the development of international 
standards for fireworks. 
 
 
                                                     
 
19 Submitted by the People's Republic of China (document TN/MA/W/102).   TN/MA/W/103/Rev.3/Add.1 
 Page 53 
 
 
  Article 4 - Conformity Assessment Procedures 
 
4.1  Given the risks and costs inherent in long- distance transportation of hazardous fireworks test 
samples, a Member shall give positive considerati on to recognize an assurance of conformity issued 
by a conformity assessment body approved for that purpose by the authorities of another Member in 
accordance with relevant international standard s (e.g. ISO/IEC17025). A Member may, however, 
require as a condition for accepting such a declaratio n of conformity that the conformity assessment 
body that issued it participates in or being a memb er of relevant international accreditation systems 
(e.g., systems linked to the International Laboratory Accreditation Cooperation, ILAC). 
 
4.2  A Member shall accept fireworks hazard classification certificates issued by competent 
laboratories of another Member in accordance with UN Series 6 Test of the United Nations Recommendations on the Transport of Dangerous Goods.  4.3  In case that there is a registration requirem ent on fireworks, a Member should finish its 
registration process and release the registration c ode within 60 days upon the acceptance of relevant 
documents.  4.4  A Member shall avoid re-testing fireworks on which another Member are competent to carry out compliance testing according to the technical requirements of that Member and has already undertaken the relevant testing accordingly. 
 
Article 5 - Labelling  
 
5.1  Considering the difficulty of manufacturers  and exporters to meet Members’ divergent 
labelling requirements with respect to the inform ation, format, colour difference and position of 
labelling, Members shall take positive measures to harmonize their labelling requirements. 
 
5.2  Before the imposition of interna tional labelling standards on fireworks, a Member shall make 
best effort to ensure the consistency of its dom estic labelling requirements. If a Member proposes to 
adopt or amend a technical regulation or conformity  assessment procedures with respect to labelling, 
it shall notify other Members through the Secretaria t or through its WTO Enquiry Point no less than 
60 days before the formal adoption of the requirements.  
 
Article 6 -Transparency 
 
6.1  Before amending an existing or adopting a ne w technical regulation, standards or conformity 
assessment procedure, Members shall allow reasonabl e time for consultations with and interested 
party and take other Members’ comments into cons ideration. A Member shall notify the WTO of the 
technical regulations, standards and conformity  assessment procedures on fireworks adopted or 
amended thereafter.  6.2  Upon request of other Members, a Member shall provide in a timely manner copies of:  
 
- its latest versions of its technical regulations , standards and test manuals on fireworks, and 
- the deadline for conducting each conformity assessment procedure. 
 
Article 7 - Technical Cooperation 
 
7.1  A Member shall conduct necessary consultati ons with interested Members in developing 
domestic technical regulations, standards and conformity assessment procedures on fireworks. 
 TN/MA/W/103/Rev.3/Add.1 
Page 54  
 
  7.2  As provided for in Article 11 of the TB T Agreement, developed country Members shall 
provide, on request and on mutually agreed terms and conditions with devel oping and least-developed 
country Members, technical cooperation in the prep aration of the plans as well as the implementation 
of the commitments under this Understanding.  
 
7.3  WTO Members should strengthen exchange of  technology, experience and information with 
respect to technical regulations, standards a nd conformity assessment procedures on fireworks. 
 
Article 8 - Final Provisions 
 8.1  The Committee on Technical Barriers to Trade shall review the operation and implementation 
of this Understanding on an annual basis.    TN/MA/W/103/Rev.3/Add.1 
 Page 55 
 
 
   
IV. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON  
TECHNICAL BARRIERS TO TRADE AS  APPLIED TO TRADE IN LIGHTER 
PRODUCTS  20 
Members, 
 
 Recalling Paragraph 16 of the Doha Ministerial Declaration and Paragraph 22 of the 
Hong Kong Ministerial Declaration, where Members agr eed to negotiate with a view to reducing or as 
appropriate eliminating tariffs  and non-tariff barriers to trade in non-agricultural products; 
 
 Considering  the significant impact of lighter products on human life, safety and health, and 
on transportation;   Noting  that some members apply diverse technical measures which greatly affect the 
international trade of lighter products; 
 
 Desiring to facilitate international trade of light er products through the establishment of 
universally accepted technical regulations, sta ndards and conformity assessment procedures; 
  Hereby  agree  as follows: 
 
Article 1 - General Provisions 
 
1.1  The products covere d by this understanding: 
 HS Code
   Description  
961310   Pocket lighters, non refillable 
961320   Pocket lighters, gas fuelled, refillable 961380   Other lighters 
 1.2  This understanding applies to the technical regulations, standards and conformity assessment 
procedures concerning lighter products. 
 
1.3  The provisions specified in the Understa nding shall constitute an interpretation of the 
Agreement on Technical Barriers to Trade set out  in Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization. 
 
Article 2 - Technical Regulations 
 
2.1  According to Article 2.4 of the TBT Agreem ent, members shall use the existing international 
standard ISO9994 as basis for the preparation and revision of their technical regulations and standards, with a view to facilitating th e international trade of lighter products. 
 
2.2  Recognized that the international standard  ISO9994 has already satisfied the safe use of 
lighter products, the importing members shall allow the access to their markets of products manufactured by the exporting members according to ISO9994.  2.3  According to Article 2.8 of the TBT Agreem ent, members shall specify technical regulations 
based on product requirements in terms of perform ance rather than price or outward appearance. 
 
                                                     
 
20 Submitted by the People's Republic of China (document TN/MA/W/90/Add.1). TN/MA/W/103/Rev.3/Add.1 
Page 56  
 
   
Article 3 - Conformity Assessment Procedures 
 
3.1  To facilitate international trade and reduce th e risk and cost of sample lighter products being 
transported to other countries for test, importing me mbers shall positively consider the possibilities of 
accrediting laboratories, designated or accredited by the government of the exporting members and 
run under ILAC agreements as per Standard ISO/ IEC17025, and on this basis recognize their testing 
results.  3.2  Where the importing members do not have the testing capacities, priority shall be given to 
accrediting testing reports issued by laboratories in compliance with ISO/IEC17025 and accredited by 
ILAC and designated or accredited by government of the exporting members.   3.3  Importing members shall avoid duplicative testing where the exporting members are capable 
of meeting their technical requirements and ha ve already carried out the relevant tests. 
 
3.4  The importing members shall make full use of the technical resources (such as the laboratory) of the exporting members, conduct joint tests or comparative tests, etc. 
 
Article 4 - Transparency 
 4.1  According to Articles 2.9 and 5.6 of the TBT Agreement, when preparing lists of types or 
models of lighter products forbidden to put on thei r markets, members shall fulfil their obligation of 
transparency and notify the WTO, and offer a period for comments of at least 60 days, and publish the 
results of their treatment of the comments.  
4.2  To facilitate international trade of lighter  products, the importing members shall provide the 
exporting members with the list of lighter products and its updates denied by their regulations to their 
markets.  
Article 5 - Technical Cooperation 
 5.1  When developing members have difficulties in  meeting the requirements of lighter products 
imposed by developed members in the technical regulations, standards and conformity assessment 
procedures they prepared, upon request, the deve loped members shall provide necessary technical 
assistance.  
 Members shall take effective measures to e nhance the exchange of technology, experience 
and information in the field of technical regulati ons, standards and conformity assessment procedures 
for lighter products.    TN/MA/W/103/Rev.3/Add.1 
 Page 57 
 
 
  V. DECISION ON THE ELIMINATION OF NON-TARIFF BARRIERS IMPOSED AS 
UNILATERAL TRADE MEASURES 21 
Members, 
  Recalling  that the Marrakesh Agreement is desi rous of contributing to sustainable 
development and growth in international trade by en tering into reciprocal and mutually advantageous 
arrangements directed to the substantial reduction of  tariffs and other barriers to trade and to the 
elimination of discriminatory treatment in international trade relations;   Noting  that, pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed to 
negotiations on non-agricultural products aimed at re ducing or, as appropriate, eliminating tariffs and 
non-tariff barriers on non-agricultural products, in pa rticular on products of interest to developing 
countries;   Stressing that the international community has rep eatedly called for urgent and effective 
measures to ensure that its members refrain from applying and eliminate unila teral coercive economic 
measures;   Emphasizing  that such actions not only undermine basic WTO principles and principles 
enshrined in the Charter of the United Nations and international law, but also severely threaten the 
freedom of trade and transit; 
 
 Mindful of the fact that the WTO Agreements do not authorize the application of unilateral 
measures;  Agree as follows: 
 
1. Members shall not adopt or apply any unilate ral economic or trade measures against any other 
Member, given that such measures are inconsistent with the letter and spirit of the WTO Agreements. 
2. Members shall eliminate all unilateral trad e measures imposed on other Members within the 
first year following the adoption of this Decision,  thereby enhancing market access opportunities, in 
particular for developing countries, and shall notif y this fact in writing to the Council for Trade in 
Goods. 
3. Members shall regularly review their non-tari ff measures to ensure that they do not constitute 
disguised restrictions on international trade. 
4. Members shall ensure that no trade measure against another Member affects the commercial 
interests or the rights and obligations of third parties. 
5. Members shall refrain from having recour se to Articles XX and XXI of the GATT 1994 in 
order to impose unilateral trade measures in a manne r which would constitute a means of arbitrary or 
unjustifiable discrimination, unless the grounds theref or are substantiated or there is a general 
international understanding with regard to the ju stification for recourse thereto, respectively. 
6. Members seeking to apply a unilateral measure shall notify the Council for Trade in Goods of 
their intention in writing, indicating the nature of th e measure and its legal basis, scope and objectives, 
so that Members' considerations can be taken into account. 
7. The Council for Trade in Goods shall conduct an annual review of the progress made in 
respect of compliance with the provisions of th is Decision and report to the General Council. 
                                                     
 
21 Submitted by Cuba (document TN/MA/W/94/Rev.1). TN/MA/W/103/Rev.3/Add.1 
Page 58  
 
  VI. UNDERSTANDING ON THE INTERPRETATION OF THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE AS APPLIED TO TRADE IN ELECTRONICS
22 
Members , 
 
 Recalling  that pursuant to paragraph 16 of the Doha  Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropria te eliminating tariffs and non-tariff barriers on 
non agricultural products;   Desiring  to further the expansion of production and trade in the area of electrical and 
electronics equipment, electrical household appliances and consumer electronics (hereinafter 
electronics), so as to promote growth and employment and bridge global digital divides;   Convinced  that reduction and, as appropriate, elimin ation of obstacles to trade in electronics 
caused by divergent, duplicative and burdensome na tional standards, technical regulations and 
conformity assessment procedures will be to the be nefit of all Members, taking into account the 
importance of trade in electronics for developing countries and of the global nature of the industry;   Recalling  the current obligations in the Agreem ent on Technical Barriers to Trade that 
standards, technical regulations and conformity assessment procedures be based, where appropriate, 
on relevant international standards and be perfo rmance-based rather than prescriptive, and not 
prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to 
international trade;   Recalling  the work by the ITA Committee on conformity assessment procedures and the 
guidelines on electromagnetic compatibility agreed among ITA Members;  
 
 Recognizing  the important role of the TBT Committee in providing Members an opportunity 
to consult on matters related to the operation of  the TBT Agreement and the furtherance of its 
objectives, as well as the Committee’s ability to establish working parties or other bodies as may be 
appropriate;  
 Noting  that the reduction and, as appropriate, elim ination of non-tariff barriers in electronics 
does not prevent Members from taking measures consis tent with the Agreement on Technical Barriers 
to Trade that are necessary to, inter alia , protect human, animal, or plant life or health or the 
environment; or to prevent deceptive practices; or to protect essential security interests; 
 
 Desiring  to interpret the provisions of the Agreem ent on Technical Barriers to Trade as they 
apply to standards, technical regulations and conformity assessment procedures for trade in 
electronics products;   Hereby agree  as follows: 
 
1. This Understanding ap plies to standards, technical re gulations, and conformity assessment 
procedures related to the safety of electrical equipment and their electromagnetic compatibility 
(EMC) and covers the electrical and electronics equipment, electrical household appliances and consumer electronics specified in Annex 1 of this Understanding.  
 
2.  The terms used in this Understanding sha ll have the same meaning as in the Agreement on 
Technical Barriers to Trade, unless otherwise specified in Annex 2 of this Understanding. 
                                                     
 
22 Submitted by the European Communities (document JOB(07)/42/Rev.1).  TN/MA/W/103/Rev.3/Add.1 
 Page 59 
 
 
  Relevant International Standard s and Standard-Setting Bodies 
 
3. For the purpose of applying Articles 2.4, 5. 4 and point F of Annex 3 of the TBT Agreement 
regarding safety of electrical equipment and their electromagnetic compatibility for the products under this Understanding, the International Or ganization for Standards (ISO), International 
Electrotechnical Commission (IEC) and the Intern ational Telecommunication Union (ITU) shall be 
considered relevant interna tional standard-setting bodies.
23  
 
Conformity Assessment Procedures 
 4.  In respect to all products covere d under this Understanding, where a Member
24 requires 
positive assurance of conformity with its applicable  technical regulations or standards relating to 
safety of electrical equipment and electromagnetic compatibility (EMC) for accepting the product on its market, that Member shall for the purpose of applying Article 5.1.2 of the TBT Agreement accept 
any one or more of the following options as a means for providing such positive assurance of 
conformity:  
 
(a)  a supplier's declaration of conformity as assurance of conformity with such standards 
or technical regulations;  
and/or  
(b)  an assurance of conformity
25 with such standards and technical regulations issued by 
a conformity assessment body approved for th at purpose by the authorities of another 
WTO Member. 
 
5.  Where a supplier’s declaration is accepted in accordance with paragraph 4(a), the Member 
shall accept that the supplier in that country ha s sole responsibility for issuing, changing or 
withdrawing the declaration of conformity. The Member may require that the declaration of 
conformity shall identify the supplier, or the suppl ier’s authorised representative, the goods covered 
by the declaration, and the technical regulations with which conformity is declared.26 Registration of 
the product with the authorities of the Member sh all not be required. Testing of the product by 
recognized testing laboratories on the territory of th e Member shall not be mandatory; if testing is 
undertaken, the choice of the test laboratory shall rest with the supplier. 
 6.  Where a declaration of conformity is required in accordance with paragraph 4(b), the Member 
shall accept that the supp lier declares that the product meets the technical regulations on the basis of 
an assurance of conformity issued by a conform ity assessment body approved for that purpose by the 
authorities of another Member. A Member may, however, require as a condition for accepting such a declaration of conformity that the conformity assess ment body that issued it participates in relevant 
international accreditation systems (e.g., systems li nked to the Internationa l Laboratory Accreditation 
Cooperation, ILAC, and the Interna tional Accreditation Forum, IAF) or is signatory of international 
accreditation schemes (such as multilateral agreements  (MLA) of regional accreditation associations, 
or the IECEE Certification Body (“CB”) scheme for the conformity testing and certification of 
                                                     
 
23 This does not preclude that Member s, individually or collectively, may also recognize other relevant 
international standard-setting bodies.  
24 These paragraphs only apply in so far and wh en a Member has adopted standards, technical 
regulations or conformity assessment procedures on  any product falling under this Understanding.  
25 This may be in the form of certificate or other forms of statements of conformity. 
26 When a suppliers' declaration of conformity is for a batch of products, it shall cover each article of 
the batch. TN/MA/W/103/Rev.3/Add.1 
Page 60  
 
  electrical equipment or the 
IEC Ex Scheme for certification to standa rds relating to equipment for use 
in explosive atmospheres).27 Testing of the product by recognised testing laboratories on the territory 
of the Member shall in no case be mandatory. Regi stration of the product with the authorities of the 
Member shall not be required.  
 7. When practicable, especially taking into ac count possible capacity constraints of developing 
countries, Members requiring positive assurance of  conformity for produc ts covered by this 
Understanding should endeavour to accept supplier’s declaration of conformity in accordance with 
paragraphs 4(a) and 5 of this Understanding. 
 
Transparency 
 
8.  Notwithstanding Articles 2.9 and 5.6 of the TBT Agreement, before amending an existing or 
adopting a new standard, technical regulation or c onformity assessment procedure that may have a 
significant effect on trade, Members shall allow reas onable time for consultations with any interested 
party and, whenever possible, conduct an assessment of their expected impact.  
 
9.  For the purpose of enabling interested par ties to become acquainted with all technical 
regulations, in accordance with Article 2.11 of th e TBT Agreement, Members shall ensure that any 
standard, technical regulation or conformity assessment procedure in force is publicly available and 
easily accessible to interested parties.  
 
Transitional Arrangements and Technical Cooperation 
 
10.  No Member shall be obliged to apply the pr ovisions of this Understanding before the expiry 
of a period of one year following its entry into force.  
 
11.  Developing country Members are entitled to extend the transition period provided for in 
paragraph 10 by one additional year for the applica tion of paragraphs 3 of this Understanding and two 
years for the application of paragra phs 4 to 7 of this Understanding.  
 12.  Developing country Members shall, no later than the expiry of the period provided for in 
paragraph 10, notify a plan for the implementation of  the commitments undertaken in paragraphs 4 to 
7 of this Understanding. As provided for by Artic le 11 of the TBT Agreement, developed country 
Members shall provide, on request and on mutually agreed terms and conditio ns with developing and 
least-developed country Members, technical cooperation in the preparation of the plans as well as the implementation of the commitmen ts under this Understanding.  
 
Working Party on Electrical and Electronics Goods  
 
13.  Pursuant to Article 13.2 of the TBT Agre ement, the TBT Committee, in coordination with 
the ITA Committee, shall establish a Working Party on Electrical and Electronics Goods. The Working Party shall oversee the operation and implem entation of this Unders tanding and the list of 
                                                     
 
27 Members shall encourage their comp etent bodies to participate in international accreditation systems 
and to become signatories of international accreditation schemes.  TN/MA/W/103/Rev.3/Add.1 
 Page 61 
 
 
  products contained in Annex 1, a nd to address any developments in global trade in electronics of 
importance to this Understanding, with particular  emphasis on issues of interest and concern to 
developing Members. 
 14. On a triennial basis following the expiry of  the general period provided in paragraph 10 of 
this Understanding, the Working Party shall ex amine Members’ regimes with respect to the 
paragraphs contained here in and the listed products contained in  Annex 1 of this Understanding with 
the aim of gradually expanding the product list.   
 15.  The Annexes to this Understanding constitute an integral part thereof. TN/MA/W/103/Rev.3/Add.1 
Page 62  
 
  A
NNEX 1 
ELECTRICAL AND ELECTRONIC EQUIPMENT , ELECTRICAL HOUSEHOLD APPLIANCES  
AND CONSUMER ELECTRONICS COVERED UNDER THIS AGREEMENT  
 
[Scope to be determined :  
  This Agreement covers the products cont ained in the WTO Information Technology 
Agreement and the products listed below, except fo r those with a voltage range of higher than 1000 
voltage for alternating current a nd 1500 voltage for direct current, parts and components for motor 
vehicles, and products for specific uses when duly justified and appropriate to the potential level of 
risk.]   
HS2002 
No. PRODUCT DESCRIPTION 
841451 Table, floor, wall, window, ceiling or roof fans,  
841459 Fans (excl. Table, floor, wall, window, ceiling or roof fans) 
841460 Hoods incorporating a fan 
841510 Window or wall air conditioning machines, self-contained 
841581 Air conditioning machines incorporating a refrigerating unit and valve for reversal of the 
cooling/heat cycle, nes. 
841582 Air conditioning machines incorporating a refrigerating unit, nes. 
841583 Air conditioning machines comprising a motor-drive 
841810 Combined refrige rator-freezers, with separate external doors 
841821 Household refrigerators, compression-type 
841822 Household electrical re frigerators, absorption-type 
841829 Household refrigerators, non-electrical, absorption type 
841830 Freezers of the chest type, of a capacity <= 800 l 
841840 Freezers of the upright type, of a capacity <= 900l 
841850 Refrigerated or freezing chests, cabinets, display 
842211 Dish-washing machin es of the household type 
842219 Dish-washing machines (excl. Those of the household) 
842430 Water cleaning appliances with built-in motor 
845011 Fully-automatic household or laundry-type washing machines 
845012 Household or laundry-type washing machines, with built-in centrifugal dryer 
845019 Household or laundry-type washing machines, of a dry linen capacity <=10kg, nes. 
845020 Laundry-type washing machines, of a dry linen capacity >10kg 
845121 Drying machines, of a dry linen capacity <= 10 kg  
845129 Drying machines for textile yarns, fabrics or made up textiles articles 
846912 Typewriters, automatic (excl. Word-processing machines) 
846920 Typewriters, electric (excl. Automatic typewriters 
850110 Motors of an output <= 37,5 w 
850120 Universal ac/dc motors of an output > 37,5 w 
850131 Dc motors of an output > 37,5 w but <= 750 w  
850132 Dc motors and dc generators of an output > 750 w b 
850133 Dc motors and dc generators of an output > 75 kw b 
850134 Dc motors and dc generators of an output > 375 kw 
850140 Ac motors, single-phase, of an output > 37,5 w 
850151 Ac motors, multi-phase, of an output > 37,5 w but  
850152 Ac motors, multi-phase, of an output > 750 w but <75kw 
850153 Ac motors, multi-phase, of an output > 75 kw 
850161 Ac generators "alternators", of an output <= 75 kva 
850162 Ac generators 'alternators', of an output > 75 kva 
850163 Ac generators 'alternators', of an output > 375 kva  TN/MA/W/103/Rev.3/Add.1 
 Page 63 
 
 
  HS2002 
No. PRODUCT DESCRIPTION 
850164 Ac generators 'alternators', of an output > 750 kva 
850231 Generating sets, wind-powered 
850239 Generating sets (excl. Wind-powered and powered by spark-ignition internal combustion piston 
engines) 
850240 Electric rotary converters 
850421 Liquid dielectric transformers, having a power handling capacity <=650kva 
850422 Liquid dielectric transformers, having a power handling capacity>650kva to 1600kva 
850423 Liquid dielectric transformers, having a power handling capacity>1600kva to 10,000kva 
850431 Transformers having a power handling capacity <= 1kva  
850432 Transformers, having a power handling capacity > 1kva to 16kva 
850433 Transformers having a power handling capacity > 16kva 
850434 Transformers having a power handling capacity > 500kva,nes. 
850440* Static converters 
850450* Inductors (excl. Inductors for discharge lamps or tubes) 
850490 Parts of electrical tran sformers and inductors, nes. 
850530 Electro-magnetic lifting heads 
850590 Electromagnets and their parts (excl. Magnets for medical use) 
850610 Manganese dioxide cells and batteries (excl. Spent) 
850630 Mercuric oxide cells and batteries (excl. Spent) 
850640 Silver oxide cells and batteries (excl. Spent) 
850650 Lithium cells and batteries (excl. Spent) 
850660 Air-zinc cells and batteries (excl. Spent) 
850680 Primary cells and primary batteries, electric (excl. Spent) 
850690 Parts of primary cells and primary batteries, n.e. 
850710 Lead-acid accumulators of a kind used for starting piston engines 
850720 Lead acid accumulators (excl. Spent and starter batteries) 
850730 Nickel-cadmium accumulators (excl. Spent) 
850740 Nickel-iron accumu lators (excl. Spent) 
850780 Electric accumulators (excl. Spent and lead-acid, nickel-cadmi um, nickel-iron, nickel-hydride, 
lithium-ion accumulators) 
850910 Domestic vacuum cleaners,  incl. Dry cleaners and wet vacuum  cleaners, with self-contained 
electric motor 
850920 Domestic floor polishers, with self-contained electric motor 
850930 Domestic kitchen waste disposers, with self-contained electric motor 
850940 Domestic food grinders and mixers and fruit or  vegetables juice extractors, with self-contained 
electric motor 
850980 Electro-mechanical ho usehold appliances, with self-contained electric motor 
851010 Electric shavers 
851020 Hair clippers with self-contained electric motor 
851030 Hair-removing appliances w ith self-contained electric motor 
851090 Parts of electric shavers, hair clippers and hair-removing appliances 
851310 Portable electrical lamps, battery or magneto powered, nes. 
851410 Resistance heated industrial  or laboratory furnaces and ovens 
851420 Furnaces and ovens functioning  by induction or dielectric loss 
851430 Electric industrial or laboratory furnaces and ovens 
851440 Industrial or laboratory induction or dielection heating equipment, nes. 
851511 Soldering irons and guns, electric 
851519 Brazing or soldering mach ines (excl. Soldering irons) 
851521 Fully or partly automatic machines for resi stance welding of metal, fully or partly automatic 
851529 Machines for resistance welding of metals, neither fully nor partly automatic 
851531 Fully or partly automatic machines for arc welding of metals 
851539 Machines for arc welding of  metals, incl. Plasma arc welding 
851580 Electric machines and apparatus for laser or other TN/MA/W/103/Rev.3/Add.1 
Page 64  
 
  HS2002 
No. PRODUCT DESCRIPTION 
851610 Electric instantaneous or storag e water heaters and immersion heaters 
851621 Electric storage heating radiators, 
851629 Electric space -heating and soil-heating apparatus  
851631 Electric hairdryers 
851632 Electro-thermic hair dressi ng apparatus (excl. Hairdryers) 
851633 Electric hand-drying apparatus 
851640 Electric smoothing irons 
851650 Microwave ovens 
851660 Electric ovens, cookers, cooking plates and boiling rings and hobs 
851671 Electro-thermic coffee or tea makers, for domestic use 
851672 Electric toaste rs, for domestic use 
851679 Electro-thermic app liances, for domestic use  
851680 Electric heating resistors (excl. Th ose of agglomerated carbon or graphite) 
851810* Microphones and stands therefore (excl.  Cordless microphones with built-in transmitter) 
851821 Single loudspeakers, mounted in their enclosures 
851822 Multiple loudspeakers, mounted in the same enclosures 
851829 Loudspeakers, without enclosure 
851830* Headphones and earphones, whether or not combined  
851840 Audio-frequency electric amplifiers 
851850 Electric sound amplifier sets 
851910 Coin-operated or disc-operated record-players 
851921 Record player s without loudspeaker 
851929 Record players with loudspeaker (excl. Coin-operated) 
851931 Turntables 'r ecord-decks', with automatic record-changer 
851939 Turntables 'record-decks', without automatic record-changer 
851940 Transcribing machines 
851992 Pocket-size cassette players 'dimensions <= 170 mm 
851993 Cassette players "play only" (exc l. Pocket-size and dictating machines) 
851999 Sound-reproducing apparatus, not incorporating a sound recording device) 
852010 Dictating machines not capable of operating without external power source 
852032 Magnetic tape recorders incorporating sound-reproducing 
852033 Cassette recorders incorporating sound-reproducing 
852039 Magnetic tape recorders incorporating sound-reproducing 
852090 Magnetic sound recording or reproducing equipment, nes. 
852110 Magnetic tape-type video recording or reproducing apparatus for magnetic tape 
852190 Video recording or reproducing apparatus, whether or not incorporating a video turning 
852510* Transmission apparatus for radio-telephony, radio-broadcasting or television 
852530 Television cameras (e xcl. Video camera recorders) 
852540* Still image video cameras and other video camera recorders 
852610 Radar apparatus 
852691 Radio navigational aid apparatus 
852692 Radio remote control apparatus 
852712 Pocket-size radiocassette players  
852713 Radio-broadcast receivers capable of ope rating without external source of power, nes 
852719 Radio-broadcast receivers capable of operating with batteries 
852731 Radio-broadcast receivers, for mains opera tion only, with analogue/digital reading system 
852732 Radio-broadcast receivers, fo r mains operation only, with clock 
852739 Radio-broadcast receivers, fo r mains operation only, without clock 
852790 Receivers for radio-te lephony, radio-telegraphy  
852812 Television receivers, colour, whether or not incorporating a video recorder or reproducer 
852813 Television receivers, black and white or other monochrome  
852821 Video monitors, colour 
852822 Video monitors, black and white or other monochrome  TN/MA/W/103/Rev.3/Add.1 
 Page 65 
 
 
  HS2002 
No. PRODUCT DESCRIPTION 
852830 Video projectors 
852910* Aerials and aerial reflectors of all kinds; parts  
852990* Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528, others 
853110 Burglar or fire alarms and similar apparatus 
853180 Electric sound or visual signalling apparatus (excl. Flat/indicator LEC/LED panels) 
853510 Fuses for a voltage > 1.000 v 
853521 Automatic circuit breakers for a voltage > 1.000 v 
853529 Automatic circuit breakers for a voltage >= 72,5 k 
853530 Isolating switches and make-and-break switches, for a voltage >1000v 
853540 Lightning arresters, voltage limiters and surge suppressors for a voltage>1000v 
853590 Electrical apparatus for switching, protecting or making connections to or in electrical circuits, for a 
voltage >1000v 
853610 Fuses for a voltage <= 1.000 v 
853620 Automatic circuit breakers for a voltage <= 1000 v 
853630 Apparatus for protecting electri cal circuits for a voltage <1000v 
853641 Relays for a voltage <= 60 v 
853649 Relays for a voltage > 60 v but <= 1.000 v 
853650* Switches for a voltage <= 1.000 v (exc l. Relays and automatic circuit breakers) 
853669* Plugs and sockets for a voltage <= 1.000 v (excl. Those for coaxial cables and printed circuits) 
853690* Electrical apparatus for switching electrical circuits 
853710 Boards, cabinets and similar combinations of apparatus (excl. Numerical control panels) 
853720 Boards, cabinets and similar combinations of apparatus for electric control or the distribution of 
electricity 
853810 Boards, panels, consoles, desks, cabinets and other bases for electric control 
853910 Sealed b eam lamp units 
853921 Tungsten halogen filament lamps (excl. Sealed beam lamps units) 
853922 Filament lamps of a power <= 200 w and for a voltage >100v 
853929 Filament lamps, electric (excl. Tungsten halogen lamps) 
853931 Discharge lamps, fluorescent, hot cathode 
853932 Mercury or sodium vapour lamps; metal halide lamps 
853939 Discharge lamps (excl. Fluorescent, hot cathode lamps 
853941 Arc-lamps 
853949 Ultraviolet or infra-red lamps 
854011 Cathode ray television picture tubes, incl. Video, colour 
854012 Cathode-ray television picture tubes, incl. Video, black and white or other monochrome 
854020 Television camera tubes; image converters and intensifiers and other photo cathode tubes 
854040 Data/graphic display tubes, colour , with a phosphor dot screen pitch<0.4mm 
854050 Data/graphic display tubes, black and white or other monochrome 
854060 Cathode-ray tubes (excl. Television and video-monitors) 
854071 Magnetrons 
854072 Klystrons 
854079 Microwave tubes 
854081 Receiver or amplifier tubes 
854089 Electronic valves and tubes (e xcl. Receiver or amplifier tubes) 
854320 Signal generators, electrical 
854330 Machines and apparatus for electroplating 
854340 Electric fence energisers 
854381 Proximity cards and tags, generally consisting of an integrated circuit 
854389* Electrical machines and apparatus, having individual functions 
854420 Coaxial cabl es, antenna feeders 
854441* Telecommunications cabl es, optical cables (other elect ric conductors, voltage <80v) 
900912 Laser multifunction printers 
* These are, in part, covered by ITA.  TN/MA/W/103/Rev.3/Add.1 
Page 66  
 
  A
NNEX 2 
TERMS AND THEIR DEFINITIONS FOR THE PURPOSE OF THIS UNDERSTANDING  
 
 For the purpose of this Understanding, the following definitions28 shall apply: 
 
 "Safety of electrical equipment" means that equipment, having been constructed in accordance with good engineering practice in safety  matters, does not endanger the safety of persons, 
domestic animals or property when properly installe d and maintained and used in applications for 
which it was made. 
 
 "Electromagnetic compatibility" means the ability of a device, unit of equipment or system to function satisfactorily in its electromagnetic environment without introducing intolerable 
electromagnetic disturbances to anything in that environment.   "Supplier" means any party that supplies the product and may be a manufacturer, distributor, 
importer, assembler, etc., as defined in ISO/IEC Guide 22:1996 
  "Conformity assessment" means the demonstration that specified requirements relating to a product, process, system, person or body are fulfille d. Conformity assessment can be performed as a 
first-party, second-party or third-party activity a nd covers activities such as testing, inspection and 
certification. [Why is the definition different from Annex 1, para 3 of the TBT?] 
  "Test laboratory" means a conformity assessment body that performs testing services and which has received attestation conveying formal de monstration of its competence to carry out these 
specific tasks.  
 
 "Designation" means governmental authorisation of a conformity assessment body or test laboratory to perform specified conformity assessment activities.   "International accreditation system": IL AC, International Laboratory Accreditation 
Cooperation, and IAF, Intern ational Accreditation Forum. 
 
 "International accreditation scheme": ILAC In ternational Mutual Recognition Agreements 
and IAF Multilateral Rec ognition Arrangement (MLA) 
   "Interested party" means any legal or natural person affected by the policy, those who will be 
involved in implementation of the policy, and bodies that have stated objectives giving them a direct 
interest in the policy. 
                                                     
 
28 Based on ISO/IEC 17000:2004.  TN/MA/W/103/Rev.3/Add.1 
 Page 67 
 
 
  VII. REVISED SUBMISSION ON EXPORT TAXES29 
A. INTRODUCTION  
1. All import-dependent WTO Members are sensitive to the measures imposed by a few 
countries that restrict exports. In the extreme case, export taxes may be set at prohibitive levels and, 
hence, be tantamount to export restrictions or ev en export prohibitions. Expor t taxes can thus have 
serious distortive effects on global commodity trad e when applied by major suppliers. In addition, 
when used for industrial or trade policy purposes, e xport taxes can serve as indirect subsidization of 
processing industries and influence international trad ing conditions of these goods. As in the case of 
import tariffs, export taxes have similar effect to ta riff escalation. Thereby, the measures may obstruct 
the aspirations of WTO Members, in particular deve loping countries, to build new (infant) processing 
industries in specific sectors where export taxes by  other countries are prevalent on the raw materials 
or other inputs (as illustrated by the Joint Statement by the leather associations of West Africa and the 
EU previously submitted by the EC to the NGMA). Furthermore, export taxes can serve to displace 
imports on the market of the country imposing th e taxes, both for imported goods in direct 
competition with the taxed products and for impor ted processing products. In such cases, export taxes 
are similar other forms of NTBs on imports. 
 2. These various negative effects of export tax es are not new. But among the reasons for the 
growing importance of export taxes today are inter alia : 
 
• the recent proliferation in the use of these inst ruments, which is possible under the weaker 
WTO rules on export taxes compared to those on import restrictions or other forms of NTBs; 
and  
 
• the short global supply of some specific commodities, despite their abundance in a few 
countries – a situation that is aggravated by export taxes in key supplying countries. 
 3. Finally, it should be underscored that the current proliferation of export taxes and their 
increased distortions to global trade are in contra diction to the developments on import barriers. 
Serious efforts are underway in DDA to reduce duti es, eliminate tariff escalation and minimise NTBs 
on import. In contrast, very little progress has so far been made on export taxes.   B. 
EC POSITION ON EXPORT TAXES  
4. The EC proposal on export taxes in the NAMA  negotiations tabled in April 2006, and the 
subsequent legal draft tabled in March 2007, aims to fully reflect the importance of establishing balanced and proportionate WTO rules for Members’ use of export taxes. The main elements of the 
EC proposal on export taxes are threefold:   
(1) Confirmation and operationalisation of basic GATT disciplines to apply to those 
situations where WTO Members use export taxes for industrial or trade policy 
purposes with negative effects on other WTO Members and especially on developing countries. In line with core objectives of the WTO and GATT, this would prevent “beggar thy neighbour” practices. In partic ular, the approach proposed builds upon 
existing GATT rules on export duties and charges, inter alia  GATT Articles I, VII, 
VIII and XVII, as well as incorporates othe r key elements of the GATT acquis. Under 
the EC proposal, this also includes a number of legitimate situations under existing GATT rules where export taxes could be main tained or introduced, such as financial 
                                                     
 
29 Submitted by the European Communities (document TN/MA/W/101). TN/MA/W/103/Rev.3/Add.1 
Page 68  
 
  crises, infant industry, environment (preserva tion of natural resources) and local short 
supply.  
(2) Incorporation of additional flexibility for small developing country Members and 
least-developed country Members to mainta in or introduce export taxes in other 
situations, i.e. over and beyond what would be allowed through the strict application 
of GATT rules to export taxes.  
(3) Limitation of the GATT disciplines for e xport taxes to non-agricultural products in 
recognition of the mandate for NAMA (hen ce, agricultural products are excluded 
where export taxes are currently in force in many developing countries).  
5. Thereby, the EC proposal seeks to establis h a workable compromise in the area of export 
taxes between those many countries affected by th e “beggar thy neighbour” measures adopted by a 
few major suppliers and other large economies, a nd the use of export taxes by small economies, 
which includes the majority of developing countries. Nothing in the EC proposal prejudges the use of export taxes for legitimate policy reasons under re levant GATT provisions. As such, it should be 
recalled that the current proposal represents a major refinement of the initial EC submission on export 
taxes in NAMA in 2003, in reflection of the cons tructive engagement by and discussions with many 
Members, not least small and vulnerable developing countries.    C. 
POSSIBLE FURTHER REVISIONS OF THE EC PROPOSAL  
6. The EC remains ready to explore with Memb ers other approaches, whether alternative or 
complementary, for addressing the global trade problems caused by export taxes. Of course, in doing 
so, the EC considers that any revised proposal woul d still have to provide appropriate remedies to the 
specific problem related to the use of export tax es as “beggar thy neighbour” instruments. As for 
possible horizontal approaches to NTBs in line with paragraph 14 of the July Framework, the EC also 
believes that any negotiated solution for expor t taxes would have to build upon existing GATT 
concepts and rules. Therefore, any revised a pproach should ensure, as a minimum, increased 
transparency and predictability. 
 7. Concerning transparency, it is a core objectiv e of the WTO to ensure that Members are fully 
informed of measures taken by any other Member that may influence trade. In this context, it is also 
worth recalling that all WTO Members have already agreed to notify export taxes, as well as other export measures. The Ministerial Decision on No tification Procedures adopted on 15 December 1993 
establishes that the introduction or modification of  such measures is subj ect to the notification 
undertakings of the Understanding Regarding the No tification, Consultation, Dispute Settlement and 
Surveillance adopted on 28 November 1979 (BISD 26S /210). On the other hand, the Ministerial 
Decision of 1993 has had little, if any, practical eff ect on Members’ level of transparency. Hence, the 
EC believes that future transparency provisions on  export taxes would need to ensure that existing 
obligations are made operational and enforced  in a satisfactory manner. The Uruguay Round 
Understanding on the Interpretation of Article XVII of GATT 1994, whic h pertains to the notification 
requirements of Members’ state trading enterprises that influence the level or direction of imports and exports, could serve as a point of reference in this  respect. Finally, the EC considers that all WTO 
Members would be able to comply with such basi c transparency commitments, in line with what 
already applies for other trade policy instrument s, although appropriate special and differential 
treatment should be envisaged for developing c ountry and least-developed country Members.    
 8. Regarding predictability, it is a core obj ective of the WTO to en sure that Members can 
reasonably expect what measures any other Member may impose that influence trade. Therefore, EC 
considers that scheduling and binding of Members’ export taxes could offer an appropriate route of 
ensuring adequate predictability. Under such a nego tiated solution, similar to import duties, the EC  TN/MA/W/103/Rev.3/Add.1 
 Page 69 
 
 
  deems that export taxes would have to be bound at a level that “reduce or eliminate tariff peaks, high 
tariffs, and tariff escalation” in line with paragra ph 16 of the DDA mandate. Moreover, in accordance 
with the spirit of the July Framework and in reco gnition that export taxes have to date only been 
scheduled or bound by a few Members, the EC wo uld be ready to support specific flexibilities for 
small and vulnerable economies. 
 
9. Thereby, this revised approach would repr esent a shift from a general prohibition of export 
taxes, albeit with exceptions based on GATT rules, to the establishment of rules on transparency and 
predictability based on WTO objectives, concepts and principles. In practical terms, besides 
maintaining the right of WTO Members to apply export taxes when exceptional circumstances under 
GATT rules are invoked, the approach would imply that: 
 
(1) WTO Members should notify the introduction or modification of export taxes; 
(2) WTO Members should undertake to sch edule export taxes on non-agricultural 
products in their Schedules of Concessions a nd bind the export taxes at a level to be 
negotiated, except that: 
(a) Least-developed countries would undertake to schedule export taxes but may 
maintain these export taxes unbound; and 
(b) Paragraph 6 countries would schedule e xport taxes but may maintain these 
export taxes unbound for a certain number of tariff lines (the number is to be negotiated), in reflection of their specific developmental interests and 
concerns.     
D. 
CONCLUDING REMARKS  
10. Finally, the EC would like to underline that , in line with paragraph 16 of the DDA mandate, 
Members have agreed to “to reduce or as appropriate eliminate tariffs, including the reduction or elimination of tariff peaks, high ta riffs, and tariff escalation, as well as non-tariff barriers, in particular 
on products of export interest to developing countries”. Hence, no matter how Members may want to 
define export taxes, tariffs and non-tariff barri ers are included in the DDA mandate, which has no 
reference as to whether such measures are imposed on imports or exports. As clearly demonstrated in 
the introduction, apart from other effects including dist ortions to global trade, export taxes also often 
displace exports of other WTO members through the artificial price advantage provided to domestic 
industries. Therefore, the EC considers claims  that export taxes are a priori excluded from 
negotiations to be in contradiction with the manda te. Such claims could set a dangerous precedent for 
other mandated parts of the nego tiations on non-agricultural market access. However, the EC fully 
recognizes that Members’ positions may differ on the appropriate level of ambition and approach to 
export taxes. To respond to Members’ different inte rests and concerns, the EC is thus prepared to 
thoroughly revise its proposal following the general pa rameters set out above a nd to consult with all 
interested Members on specific legal drafting. TN/MA/W/103/Rev.3/Add.1 
Page 70  
 
  VIII.  UNDERSTANDING ON THE INTERPRETATION OF  THE AGREEMENT ON 
TECHNICAL BARRIERS TO TRADE WITH RESPECT TO THE LABELLING OF TEXTILES, CLOTHING, FOOTWEAR, AND TRAVEL GOODS
30 
Members, 
 
 Recalling  that pursuant to paragraph 16 of the Doha  Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or, as appropria te, eliminating tariffs and non-tariff barriers on 
non-agricultural products;   Recognizing  the important contribution of the textile, clothing, footwear, and travel goods 
sectors to global economic growth and development; 
 
Desiring  to promote cooperative and effective a pproaches to address unnecessary obstacles to 
international trade and enhance trade in tex tiles, clothing, footwear, and travel goods; 
 
Taking into account  that labelling has an important f unction of informing consumers of 
certain characteristics of textiles, clothing, footwear, and travel goods; 
 
Reaffirming  their existing obligation under the Agre ement on Technical Barriers to Trade 
(TBT Agreement) to ensure that technical regula tions and conformity assessment procedures are not 
prepared, adopted, or applied with a view to or  with the effect of creating unnecessary obstacles to 
international trade;   
 Desiring  to interpret the provisions of the TB T Agreement as they apply to labelling 
requirements for textiles, clothing, footwear, and travel goods; 
 
 Hereby agree  as follows: 
 
Scope 
 
1. This Understanding applies to  the labelling of products specified in the Annex to this 
Understanding.  
 
Labelling 
 
2. If a Member requires information on a label, a Member’s requirement to include any of the 
following information shall be rebuttably presumed to  be not more trade-restrictive than necessary 
under Articles 2.2 and 2.5 of the TBT Agreement: 
 
2.1 with respect to textiles and clothing, fiber content, country of origin, and care 
instructions31;  
2.2 with respect to footwear, predominant materials of core parts32 and country of origin;  
and 
 
2.3 with respect to travel goods, fiber content and country of origin. 
                                                      
30 Submitted by the European Communities, Sri Lanka  and the United States (document TN/MA/W/93 
and TN/MA/W/93/Add.1). 
31 This presumption covers requirements using relevant international standards, or the relevant parts of 
such standards, as a basis for the Me mber’s technical regulations regarding care instructions on labels.    
32  There are three “core parts” of footwear: (1 ) upper, (2) lining and sock, and (3) outer sole.  TN/MA/W/103/Rev.3/Add.1 
 Page 71 
 
 
  A Member may only require additional information on a label when it is not inconsistent with 
Article 2.2 of the TBT Agreement. 
 
3. Members shall give positive consideration to permitting any require d information to be 
included on a non-permanent33 label rather than a permanent label.34   
 
4. A technical regulation of a Member that:  
 
4.1 prohibits the information included on a la bel from being in more than one language, 
for example by prohibiting such information from being in a language other than the 
Member’s official language(s);  
 
4.2 requires a label to be pre-approved, registered or certified;  
 
4.3 prohibits a label from including information that is not required by the Member, such 
as brand names;35 or 
 
4.4 specifies requirements that a label be of one or more materials;  
  
shall be rebuttably presumed to be more trade-rest rictive than necessary to fu lfil a legitimate objective 
within the meaning of Article 2.2 of the TBT Agreement.   
 
5. Notwithstanding Articles 2.9 and 5.6 of the TBT Agreement, if a Member proposes to adopt 
or amend a technical regulation or conformity asse ssment procedure with respect to labelling, in 
whole or in part, it shall:  
 
 5.1 publish the proposed technical regulati on or conformity assessment procedure in a 
publication at the earliest appropriate stage, in such a manner as to enable interested 
persons in other Members to become ac quainted with it and to submit comments 
before the Member finalizes the technical regulation or conformity assessment procedure; 
 
 5.2 notify other Members through the Secretar iat of the products to be covered by the 
proposed technical regulation or conformity assessment procedure, together with a brief indication of the measure’s objective a nd rationale and an identification of the 
parts of the regulation or procedure wh ich in substance deviate from relevant 
international standards and, in the case of a permanent label, the reason for requiring 
information other than that covered by pa ragraphs 2.1-2.3 of this Understanding.  
Such notifications shall take place at an early appropriate stage, when amendments 
can still be introduced and comments taken into account;  
 
                                                     
 
33 "Non-permanent label" means any label on a product attached or affixed through stickers, hangtags, 
or through other similar means that can be removed or on the package of the product. 
34 "Permanent label" means any label on a product that is securely attached or affixed through gluing, 
printing, sewing, embossing, silk screening, or other similar means. 
35 “Information” for purposes of subparagraph 4.3 means information related to the product or the 
marketing of the product and does not include information that is false, deceptive or misleading.  TN/MA/W/103/Rev.3/Add.1 
Page 72  
 
  5.3 allow no less than 60 days for Members to submit comments in writing.  The Member 
shall give favourable consideration to reasonable requests to extend the comment period; and 
 5.4 discuss these comments upon request with the Member or interested person providing 
them, and take these written comments and the results of these discussions into 
account in finalizing the measure, and publis h or otherwise make available to the 
public, either in print or electronically , its responses to significant comments it 
receives no later than the date it publishes th e final technical regulation or conformity 
assessment procedure.   
 
6. Notwithstanding Articles 2.10 and 5.7 of the TBT Agreement, where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for a Member, 
that Member may omit such of the steps enumerated in paragraph 5 as it finds necessary, provided that the Member upon adoption of a technical re gulation or conformity assessment procedure shall: 
 
6.1  publish the final technical regulation or conformity assessment procedure in a 
publication at the earliest appropriate time, in  such a manner as to enable interested 
persons in other Members to become acquainted with it; 
 6.2  notify other Members through the Secretar iat of the products to be covered by the 
final technical regulation or conformity assessment procedure, together with a brief 
indication of the measure’s objective and rati onale, including the nature of the urgent 
problems, and an identification of the part s of the regulation or procedure which in 
substance deviate from relevant international standards. 
 
6.3  allow interested persons and other Members to submit comments in writing and 
discuss these comments upon request with the Member or interested person providing them, and take these written comments and the results of these discussions into account in deciding whether to modify the regulation or procedure, and publish or otherwise make available to the public, either  in print or electronically, its responses 
to significant comments it receives at the earliest appropriate date after it publishes 
the final technical regulation or conformity assessment procedure. 
 
Final Provisions 
 
7. The Committee on Technical Barriers to Trade shall review the operation and implementation 
of this Understanding, including the list of products contained in the Annex, on an annual basis.  The 
Committee shall also review other developments in  technical regulations and conformity assessment 
procedures involving international trade in textiles, clothing, footwear, and tr avel goods of importance 
to this Understanding in accordance with the Committee’s procedures.
36   
 
8. The Annex to this Understanding c onstitutes an integral part thereof. 
                                                      
36 It is understood that, for this purpose and to facilitate transparency, exchanges of information, and 
discussions among Members, the WTO Secretariat will prepar e an annual report of the notifications received by 
the WTO Secretariat with respect to the labelling of textiles, clothing, footwear, and travel goods.   TN/MA/W/103/Rev.3/Add.1 
 Page 73 
 
 
  Annex  
 
TEXTILES, CLOTHING, FOOTWEAR AND  
TRAVEL GOODS SUBJECT TO THE UNDERSTANDING   
 
1. With respect to textiles and clothing, this Understanding shall cover a ll products contained in 
the Annex to the former WTO Agreement on Textiles and Clothing. 
 
2. With respect to footwear, this Understandi ng shall cover all products contained in Chapter 64 
of Harmonized Commodity Description and Coding System (HS) Nomenclature, except for HS6406 
(Footwear Parts). 
 
3. With respect to travel goods, this Understa nding shall cover all prod ucts listed below:   
 HS Number
 Product Description  
 
ex 3926.90 Handbags made of beads, bugles and spangles, of plastics  42.02    Trunks, suit-cases, vanity-cases, ex ecutive-cases, brief-cases, school satchels, 
spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, 
holsters and similar containers; travelling- bags, insulated food or beverage bags, 
toilet bags, rucksacks, handbags, shoppi ng bags, wallets, purses, map-cases, 
cigarette-cases, tobacco-pouches, tool ba gs, sports bags, bottle-cases, jewellery 
boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly cove red with such materials or with paper. 
 
- Trunks, suit-cases, vanity-cases, executiv e-cases, brief-cases, school satchels and 
similar containers: 
 4202.11  With outer surface of leather, of composition leather, or of patent leather 4202.12  With outer surface of plastics or of textile materials 
4202.19  Other  
- Handbags, whether or not with shoulder strap, including those without handle: 
4202.21  With outer surface of leather, of composition leather or of patent leather 4202.22  With outer surface of sheeting of plastic or of textile materials 4202.29  Other 
- Articles of a kind normally carried in the pocket or in the handbag: 
4202.31  With outer surface of leather, of composition leather or of patent leather 4202.32  With outer surface of sheeting of plastic or of textile materials 4202.39  Other 
- Other: 
4202.91  With outer surface of leather, of composition leather or of patent leather 
4202.92  With outer surface of sheeting of plastic or of textile materials 
4202.99  Other ex 4602.11 Luggage, handbags and flat goo ds, whether or not lined, of bamboo  
ex 4602.12 Articles of a kind normally carried in  the pocket or in the handbag, of rattan  
ex 4602.12 Luggage, handbags and flat goods, whether or not lined, of rattan, nesoi  
ex 4602.19 Luggage, handbags and flat goods, whether or not lined, of willow   
ex 4602.19 Articles of a kind normally carried in the pocket or in the handbag, of palm leaf 
ex 4602.19 Luggage, handbags and flat goods, wh ether or not lined, of palm leaf, nesoi  
 TN/MA/W/103/Rev.3/Add.1 
Page 74  
 
  ex 4602.19 Luggage, handba gs and flat goods, whether or not lined, made from plaiting materials 
nesoi  
9605.0  Travel sets for personal toilet, sewing or shoe or clothes cleaning 
  TN/MA/W/103/Rev.3/Add.1 
 Page 75 
 
 
  IX. PROTOCOL ON TRANSPARENCY IN EXPORT LICENSING TO THE GENERAL 
AGREEMENT ON TARIFFS AND TRADE 1994 37 
Protocol on Transparency in Export Licensing  
to the General Agreement on Tariffs and Trade 1994 
 
Members, 
  Desiring to ensure that export licensing pro cedures are not utilized in a manner contrary to 
the principles and obligations of GATT 1994;  
 Convinced that export licensing should be im plemented in a transparent and predictable 
manner; and;   Desiring to bring transparency to the procedures and practices related to export licensing so as to inform traders and Members and facilitate trade in these products; 
 
 Hereby agree as follows: 
 
Article 1:  Definition of Export Licensing
 
 
 For the purposes of this Protocol, export licensing means any administrative procedures 
involving the submission of an application or othe r documentation (i.e., other than that required for 
customs purposes) to the relevant administrative body or bodies as a prior condition for exportation 
from the customs territory of the exporting Member.   Article 2:  Notification
 
 
1. Within 60 days after the entry into force of  this Protocol, each Member shall notify, in 
writing, the [Committee on Market A ccess] (referred to in this Protoc ol as [“the Committee”]) of its 
existing measures on export licensing, if any.  Ther eafter, each Member shall notify the [Committee] 
in writing of any new measures on export licensing or  modification to an existing measure on export 
licensing within 60 days after the effective date  of the new measure or modification thereof.  
 
2. Members shall include in a notification under paragraph 1 the:   
(a) list of products subject to the licensing procedure, including to the extent possible by 
HS number; 
(b) description of the procedures for the submission of appli cations or other 
documentation, including eligibility criteria fo r applicants (including any criteria that 
reflect requirements that differ from tho se applied to products that are exported 
without a requirement of a license (e.g., requirements for an activity license, investment or a particular form of estab lishment in the exporting Member, or other 
similar requirements)); 
(c) contact point for information on eligibility; 
(d) administrative body(ies) to which applications must be submitted; (e) date and name of publication(s) in which the licensing procedure is published; 
                                                     
 
37 Submitted by Japan; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and the 
United States (TN/MA/W/15/Add.4/Rev.2) TN/MA/W/103/Rev.3/Add.1 
Page 76  
 
  (f) description of the measure, if any, being implemented through the export license and 
 the reasons for the measure; 
(g) expected duration of the export licensing if this can be estimated with some 
probability, and if not, reason(s) why this information cannot be provided; 
(h) overall amount of the quota to be applied by quantity and/or value and the opening 
and closing dates of the quota if a Member administers a quota by means of export 
licensing;  and 
(i) possibility, if any, for persons, firms or institutions to request exceptions or 
derogations from an export licensing require ment, as well as information on how to 
make such a request and a description of  the circumstances under which requests 
would be granted.  
 
3. When a Member notifies a new or existing measure on export licensing or modification thereto, the Member shall provide a copy of the relevant measure (e .g., law and implementing 
regulations) to the [Committee]. 
 
4. Any interested Member which considers th at another Member has not notified a new or 
existing measure on export licensing or modificatio n thereto in accordance with the provisions of 
paragraphs 1 and 2 may bring the matter to the atte ntion of such other Member.  If notification is not 
made promptly thereafter, the interested Member  may itself notify the measure on export licensing or 
changes therein, including all relevant information.  
 
Article 3:  Requests for Information
 
 1. A Member shall provide to any Member, upon request:  
 (a) All relevant information concerning: 
(i)   the administration of the measure on export licensing , including the 
information listed in Paragraph 2 of Article 2; 
(ii)   the export licenses granted over a recent period; and (iii)   measures, if any, taken in conj unction with export licensing, including but 
not limited to restrictions on domest ic production or consumption, and 
governmental stabilization plans for a good; and 
 
 (b) Where available, all relevant information concerning: 
(i)   the distribution of such licenses among importing countries, including 
importing countries’ shares, i.e., by quantity and/or value as relevant, of any 
quota currently allocated; and 
(ii)   the most recent available statisti cs (i.e., value and/or volume) on the amount 
expected to be produced, actually pro duced, expected to be exported, and 
actually exported with respect to the product subject to export licensing. 
 Article 4:  Confidential Information
 
 
1. Nothing in this Protocol shall be construed to require any Member to disclose confidential 
information the disclosure of which would impede la w enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate comme rcial interests of particular enterprises, public 
or private.  
  TN/MA/W/103/Rev.3/Add.1 
 Page 77 
 
 
  2. Nothing in this Protocol shall be construed to require any Member to furnish any information 
the disclosure of which it considers cont rary to its essential security interests. 
 Article 5:  Review
 
 
1. The [Committee] shall review as necessary,  but at least once every two years, the 
implementation and operation of this Protocol, taking into account the objectives thereof, and the 
rights and obligations contained therein.  2. To facilitate the [Committee]’s review and to help ensure that inter ested parties can become 
acquainted with each Member’s requirements, if any, for export licensing, the [Committee] shall 
establish a registry of notifications submitted pursuant to Article 2.    3. The Secretariat shall record in the regist ry and make available to the public, through the 
internet or other electronic means, the inform ation notified by Members under this Protocol.
38 
 
  
 
                                                     
 
38 The URL (Uniform Resource Locater) of the official internet site wh ere relevant information of such 
measure is sufficiently available may be recorded alterna tively, but this is without prejudice to the notification 
obligation under the Article 2.  TN/MA/W/103/Rev.3/Add.1 
Page 78  
 
  X. DECISION ON NON-TARIFF BARRIERS AFFECTING FORESTRY PRODUCTS 
USED IN BUILDING CONSTRUCTION 
39 
 
 Recalling  the requirements in the Agreement on Tec hnical Barriers to Trade that standards 
and technical regulations should, where appropriate, be based on international standards and be 
performance-based rather than prescriptive, facilitate international harmonisation and improve 
transparency of standards;    Recognising  that voluntary prescriptive standards can ha ve a facilitative role in building codes 
when they are cited as one method of conf ormance with overarching performance-based 
requirements. 
  Desiring  to contribute towards the development of  safe and affordable dwellings in WTO 
Member economies;  
 Recognising Members’ rights and obligations under the TBT Agreement; 
  Recognising  the important, sustainable, environmentally beneficial, and low cost role that 
timber building construction does play and could pl ay in Member economies and the importance to 
such economies of free and open trade in component materials;  
 Recognising  that differences in, and proliferation of, domestic standards and technical 
regulations, can lead to market segmentation and unintentional barriers to trade;   Recognising  the leading role that International St andardisation Organisation (ISO) technical 
committees play in the development of performance -based international timber, timber product, and 
timber building construction standards; 
  Recognising  mutual recognition arrangements alread y in place, and wishing to strengthen 
their status;   Recognising  the trade benefits that wider Intern ational Laboratory Accreditation Cooperation 
(ILAC) and International Accreditation Fo rum (IAF) membership would provide; 
  Members decide:  
• To recognise, among the appropriate intern ational standard setting bodies developing 
performance-based standards in respect of the forest products sector,, ISO Technical 
Committees [TC 89, 165, 218] as [lead ing] bodies developing international 
performance-based standards for timber,  timber products and timber building 
construction as they relate to building codes. 
• To give primary consideration to adop tion of standards developed by these 
committees when upgrading or replacing existing regulations that make use of domestic timber, timber product and timbe r building construction standards and 
related tests; 
• To increase the resources available to those committees through participation 
pursuant to Article 2.6 of the Agreement on Technical Barriers to Trade in order to 
accelerate work on the development of new standards and the enhancement of existing ones; 
                                                     
 
39 Submitted by New Zealand (document JOB(07)/158).  TN/MA/W/103/Rev.3/Add.1 
 Page 79 
 
 
  • The Committee on Technical Barriers to Trad e (TBT) will invite the aforementioned 
technical committees to consult with it on at least an annual basis.  The purpose of those consultations will be to identify a nd progress ways to work together towards 
accelerating the adoption of performance-based timber, timber product and timber building construction standards in Member economies.   
• Timber products tested and certified by any facility accredited by a signatory to an 
International Laboratory Accreditation Co operation (ILAC) mutual recognition 
arrangement, or certified by a signatory to an International Accreditation Forum 
(IAF) multilateral arrangement shall be ac corded no less favourable treatment than 
products tested or certified by facilities accredited by the domestic accreditation 
agency of any WTO Member.  
• To promote acceleration of wider ILAC and IAF membership as a way of ensuring 
universal mutual recognition of accreditation agencies. 
• To establish a list of internationally accepted test and certification methods for timber 
products where these are used in relation to building codes. This list will be 
developed by an internationally recogni sed group of timber experts.  Members will 
nominate experts including members of th e aforementioned technical committees, for 
participation in this group. The list of internationally accepted test and certification 
methods will be available via Members’ TBT enquiry points.  The list shall be 
updated by the designated expert group b ased on biannual notifications from WTO 
Members of additional internationally accep ted test and certification methods for 
timber products proposed for inclusion in the list.  The timber products tested using 
the methods identified on the list will be accepted for use in building construction 
without the need for further testing by the importing country. 
 TN/MA/W/103/Rev.3/Add.1 
Page 80  
 
  XI. AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO THE 
ELECTRICAL SAFETY AND ELECTROMAG NETIC COMPATIBILITY (EMC) OF 
ELECTRONIC GOODS 
40 
Members,  
 
Recalling that pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropriate eliminating ta riffs and non-tariff barriers on non-
agricultural goods; 
 
Recognizing the important contribution of electroni c goods to global economic growth and 
development;  
 
Desiring to ensure that technical regulations, standards, and conformity assessment 
procedures do not create unnecessary obstacles to international trade  in electronic goods;  
 
Affirming their existing rights and obligations under the WTO Agreement, including the 
Agreement on Technical Barriers to Trade (TBT Agreement); 
 Recognizing  that no Member should be prevented fro m taking measures that are necessary for 
the protection of human, animal or plant life or hea lth, of the environment, at the levels it considers 
appropriate, subject to the requirement that they are not applied in a manner which would constitute a 
means of arbitrary or unjustifiable discrimina tion between countries where the same conditions 
prevail or a disguised restriction on internationa l trade, and are otherwise in accordance with the 
provisions of this Agreement, or that are necessar y for the protection of its essential security interest; 
 Recognizing  that a Member’s selection of an appropriate conformity assessment procedure 
may involve the consideration of a number of factors, such as the risks associated with 
non-conformity or the product for wh ich conformity is sought;     
 
Seeking  to supplement and elaborate on the TBT Ag reement with respect to standards, 
technical regulations, and conformity assessment  procedures affecting electronic goods; and 
 
With a view to expanding the products liste d in Members' schedules to Annex I, II, III, and IV 
to this Agreement in the future.  
Agree as follows:  
 
I. D
EFINITIONS  
 For purposes of this Agreement: 
  Central government body means a central government body as defined in Annex 1 of the 
TBT Agreement;  
 Electronic good  means any information technology, telecommunications, audio-visual, or 
other electronic or electrical product, whether for bus iness or personal use, listed in Annex I of this 
Agreement; [Note: Annex I would cover a range of pr oducts falling under Chapter 84, 85, or 90 of 
the World Customs Organization's Harmonized Co mmodity Description and Coding System and 
apply to all Members] ; 
 
                                                     
 
40 Submitted by the United States (document TN/MA/W/105/Rev.1).  TN/MA/W/103/Rev.3/Add.1 
 Page 81 
 
 
   Supplier  means any party that supplies the product and may include a manufacturer, 
distributor, or importer;   Supplier's declaration of conformity (SDoC) means  a declaration by a supplier based on an 
evaluation of the results of conformity assessment  procedures that a product meets a specified 
standard or technical regulation or other specification;  
  Standard, technical regulation, or  conformity assessment procedure  means respectively a 
standard, technical regulation, or conformity assess ment procedure as defined in Annex 1 of the TBT 
Agreement that pertains to the electrical safety or electromagnetic compatibility (EMC) of an 
electronic good; and 
  Third-party certification  means a declaration by a body, which the Member accepting the 
declaration has determined is independent of suppl iers and users, that a product meets a specified 
standard or technical regulation or other specifi cation based on an evaluation of the results of 
conformity assessment procedures. 
 
II. S
COPE AND COVERAGE  
A. This Agreement shall apply to any standard, technical regul ation, or conformity assessment 
procedure, as defined in paragraph I.    
B. This Agreement shall impose obligations on  Members only with respect to standards, 
technical regulations, and conformity assessme nt procedures of central government bodies. 
 C. This Agreement shall not apply to purchasing specifications prepared by governmental bodies 
for production or consumption re quirements of governmental bodies. 
 
D. Any reference in this Agreement to standard s, technical regulations, or conformity assessment 
procedures shall be construed to include any amen dment thereto and any additions to the rules or 
product coverage thereof, except am endments and additions of an in significant nature, to the extent 
such amendment or addition pertains to electrical safety or EMC for electronic goods.  III. S
TANDARDS , TECHNICAL REGULATIONS , AND CONFORMITY ASSESSMENT PROCEDURES  
Assessing Costs  
 
A. Where a Member proposes to prepare or adopt a technical regulation or conformity assessment procedure, it shall take into account, inter alia , costs of complying with the proposed 
technical regulation or conformity assessment procedure.  
 
International Standards 
 
B. In determining whether an international standard, guide or recommendation within the 
meaning of Articles 2 and 5 and Annex 3 of the TB T Agreement exists pertaining to electrical safety 
or EMC of an electronic good, each Member shall base its determination on the principles set out in 
Decisions and Recommendations adopted by the Committee since 1 January 1995 , G/TBT/1/Rev.8, 
23 May 2002, Section IX (Decision of the Committee on Principles for the Development of 
International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of 
the Agreement ) (Committee Decision ) issued by the WTO Committee on Technical Barriers to Trade 
(TBT Committee).   
   
 TN/MA/W/103/Rev.3/Add.1 
Page 82  
 
  Transparency   
 
C. This paragraph shall apply in lieu of Artic les 2.9 and 5.6 and Para graphs L through N of 
Annex 3 of the TBT Agreement where a Member proposes to prepare or adopt a standard, technical regulation or conformity assessment procedure, and shall apply regardless of whether relevant 
international standards, guides, or recommendations  exist or the technical content of the proposed 
technical regulation or conformity assessment proce dure is in accordance with relevant international 
standards, guides, or recommendations.  Where a Member proposes to prepare or adopt a standard, 
technical regulation or conformity assessment procedure that may have a significant effect on trade of other Members, the Member shall, with a view to providing meaningful opportunity for comment:  
 
(1) publish, in print or electronically, the proposed  standard, technical regulation or conformity 
assessment procedure at the earliest appropria te stage, in such a manner as to enable 
interested parties in other Members to b ecome acquainted with it and to submit written 
comments before the Member finalizes the standard, technical regulation or conformity 
assessment procedure; 
 
(2) notify other Members through the Secretariat at  the earliest appropriate stage of the proposed 
standard, technical regulation or conformity assessment procedure, including the electronic good or goods the proposal covers, together w ith a brief indication of its objective and 
rationale and, to the extent applicable, any prov isions of the standard, technical regulation or 
conformity assessment procedure that deviate in substance from relevant international 
standards, guides, or recommendations;  
(3) upon request from another Member, provide  copies of and particulars concerning the 
proposed standard, technical regulation or conf ormity assessment procedure, including how it 
took into account the costs of complying with the proposed technical regulation or conformity 
assessment procedures pursuant to paragraph A;  
 (4) (i) allow reasonable time (normally not less than 60 days) for Members and interested parties 
to comment in writing on the proposal,
41 and (ii) take into account any such comments in 
finalizing the standard, technical regulati on or conformity assessment procedure;  
 
(5) upon request, discuss written comments it receives from Members and take the results of 
those discussions into account; and 
 (6) publish, in print or electronically, an y written comments it received from Members or 
interested persons on the proposed standard, technical regulation or conformity assessment 
procedure. 
 D. Where urgent problems of safety, health, envi ronmental protection, or national security arise 
or threaten to arise for a Member, that Member may omit such steps enumerated in paragraph C as it 
finds necessary, provided that the Member, upon fi nalizing the standard, technical regulation or 
conformity assessment procedure, shall: 
 (1) immediately following preparation or adoptio n of the measure, notify other Members through 
the Secretariat of the standard, technical regulation or conformity assessment procedure, including the electronic good or goods the standard, technical regulation or conformity 
assessment procedure covers, together with: (i) a brief indication of its objective and 
rationale; (ii) to the extent applicable, any prov isions of the standard, technical regulations or 
                                                     
 
41 Each Member shall publish, in print or electronically, a notifica tion specifying the comment period 
and give favourable consideration to reasonable requests to extend the comment period.   TN/MA/W/103/Rev.3/Add.1 
 Page 83 
 
 
  conformity assessment procedure that deviate in substance from relevant international 
standards, guides, or recommendations; and ( iii) the nature of the urgent problem; 
 (2) upon request, provide other Members with copi es of and particulars concerning the standard, 
technical regulation or conformity assessment procedure; 
 
(3) (i) allow other Members and interested pers ons to submit comments in writing on the final 
standard, technical regulation or conformity assessment procedure; and (ii) take these 
comments into account in deciding whether to modify the standard, technical regulation or conformity assessment procedure; and 
 
(4)  upon request, discuss written comments it receives from Members and take the results of 
those discussions into account.   
E. When publishing a technical  regulation or conformity assessment procedure, or if 
paragraph D applies, as soon as possible after publicati on of the final standard, technical regulation or 
conformity assessment procedure, each Member shall publish, in print or electronically: 
 (1) its responses to any significant and relevant issues raised in comments it received from 
Members or interested parties during the comment period;
42 and 
 
(2) the objective and rationale for preparing or  adopting the particular standard, technical 
regulation or conformity assessment procedure.  
Treatment of Conformity Assessment Bodies 
 
F. Each Member shall accord to conformity assessment bodies in the territory of any other 
Member treatment no less favourable than that it accords to conformity assessment bodies in its own 
territory with respect to the procedures, criteri a, and other conditions with which conformity 
assessment bodies must comply in order for the Memb er to accredit or otherwise approve them as 
competent to test or certify that a product confor ms with the Member's standard or technical 
regulation.  This paragraph shall apply only with respect to products listed for electrical safety, EMC 
or both in the Member's schedule to Annex II.  
 
Test Results  
 
G. If a Member requires test results (alone or in conjunction with other assurances of 
conformity) or other assurances of conformity that are based on test results as an assurance that a 
electronic good conforms with a standard or technical regulation, it shall not require the testing to be 
performed in a testing facility within its territory an d shall accept the test results if they are performed 
by a facility that the Member deems competent, or otherwise approves, for that purpose.  If the 
Member requires the testing facility to comply with requirements concerning the testing of electronic goods for conformity with the standard or technical regulations or requires the body that accredits the 
testing facility to comply with requirements concer ning that accreditation, it shall ensure that such 
requirements are based on:  (1) a relevant international standard, guide or  recommendation that has been developed in 
accordance with the TBT Agreement and the Committee Decision; or  
                                                     
 
42 For greater certainty, if raised in comments received from a Member or an interested person, a 
Member's response shall include: (i) where applicable an explanation of why deviation from relevant 
international standards was necessary an d (ii) how it took into account the co sts of complying with the standard, 
technical regulation or conformity assessment procedure. TN/MA/W/103/Rev.3/Add.1 
Page 84  
 
  (2) a conformity assessment procedure establis hed by the Member in accordance with the 
procedures set out in paragraphs III.C and III.E.  
 
SDoC 
 H. If a Member requires a positive assurance that a product listed for electrical safety, EMC or 
both in its schedule to Annex III conforms with a sta ndard or technical regulation, it shall accept as 
such assurance a supplier's declaration of conf ormity (SDoC).  The Member shall base any 
requirements for an SDoC on a relevant interna tional standard, guide or recommendation that has 
been developed in accordance w ith the TBT Agreement and the Committee Decision , and may refuse 
to accept a declaration from any supplier if, upon request from the Member's regulatory or 
enforcement authorities, the supplier does not provi de to those authorities documentation necessary to 
demonstrate the basis for a declaration or declarations (e.g., relevant test results) within a reasonable period after the date of the request. 
 
Third-Party Certification 
 
I. If a Member requires third-party certification as positive assurance that a product listed for 
electrical safety, EMC, or both, in its schedule to  Annex IV, conforms with a standard, technical 
regulation, or conformity assessment procedure, it shall not require the body performing the third-
party certification to be within its territory and shall accept the third party certification if it is 
performed by a body that the Member deems competent,  or otherwise approves, for that purpose.  The 
Member shall ensure that it bases any requirements that the body must meet to be deemed competent 
or otherwise approved on:   (1) a relevant international standard, guide or  recommendation that has been developed in 
accordance with the TBT Agreement and the Committee Decision; or 
 (2) a conformity assessment procedure establis hed by the Member in accordance with the 
procedures set out in paragraphs III.C and III.E.  
 Members shall give positive consideration to a llowing certification bodies to base certifications, 
where such certifications are required, on test results from any testing facility that the certification 
body deems competent or otherwise approves.   
Procedures for Review  
 J.  
 (1) Each Member shall establish or maintain judicial, quasi-judicial, or administrative tribunals 
and procedures for the purpose of the review of its administrative actions relating to technical 
regulations and conformity assessment procedures.  Each Member shall ensure that such tribunals are impartial and indepe ndent of the office or authorit y entrusted with administrative 
enforcement and not have any substantial inte rest in the outcome of the matter and that 
proceedings before such tribunals comply with due process of law. 
 (2) Each Member shall also establish or maintain procedures for it to review, at 
regularly-scheduled intervals, its technical re gulations and conformity assessment procedures 
to determine whether such measures should be mo dified or eliminated so as to make the 
Member’s regulatory program more effective in  achieving the legitimate objective(s) pursued. 
  TN/MA/W/103/Rev.3/Add.1 
 Page 85 
 
 
  IV. I NFORMATION AND ASSISTANCE  
 Nothing in this Agreement shall be construed to require a Member to furnish or allow access 
to confidential information the disclosure of whic h would impede law enforcement or otherwise be 
contrary to the public interest or which woul d prejudice the legitimate commercial interests of 
particular enterprises, public or private. 
 
[We may want to include other provisions und er this heading along the lines of those in TBT 
Articles 10 and 11 ] 
 
V. M ONITORING AND OVERSIGHT  
 A Subcommittee on Electronic Goods (Subc ommittee) is hereby established as a 
subcommittee to the TBT Committee to oversee the operation and implementation of this Agreement 
and further its objectives and to provide a foru m for discussions on any matter related to this 
Agreement.  The Subcommittee shall: 
 
(1) comprise representatives of each Member; 
 (2) elect its own Chairman and apply the TBT Committee working procedures;  (3) meet 12 months after the date of entry into force of this Agreement, and at the end of each 
one-year period thereafter, or earlier as necessary, to: 
 
 (a) review the implementation and ope ration of this Agreement, and where 
appropriate, consider pro posals for amending it; and 
 
 (b) review Annexes I, II, III, and IV  and consider whether they should be 
modified; and 
 
(4) report to the TBT Committee and the Committee of  Participants on the Expansion of Trade in 
Information Technology Products established pursuant to the Communication to the 
Chairman of the Council on Trade in Goods: Im plementation of the Ministerial Declaration 
on Trade in Informati on Technology Products G/L/160 (March 26, 1997) (ITA Committee) 
with a view to complementing and not duplicati ng the work of those committees, and to this 
end, communicate to the TBT and ITA Committees the results of its review conducted pursuant to subparagraph (3) and, as appropr iate, any proposed amendments to this 
Agreement or recommendations to modify Annex I, II, III, or IV. 
 VI. D
ISPUTE SETTLEMENT  
 Article 14 of the TBT Agreement shall apply mutatis mutandis to this Agreement. 
 
[Note:  Need to further consider relations hip with Dispute Settlement Understanding]  
 VII. F
INAL PROVISIONS  
Annexes 
 
 Annexes I, II, III, and IV shall constitute an inte gral part of this Agreement.  To the extent a 
Member seeks to modify its schedule to Annex II, III, or IV and the modification would expand the 
products subject to this Agreement, the Member  may do so by notifying other Members through the 
Secretariat of the Member's modified schedule.  Th e Secretariat shall modify Annex II, III, or IV, as TN/MA/W/103/Rev.3/Add.1 
Page 86  
 
  necessary, to include the Member's modified sched ule. A Member may modify its schedule to Annex 
II, III, or IV in a manner that would reduce the pr oducts subject to this Agreement in accordance with 
Article [ ] (Modification of Sche dules) of this Agreement.  
 
[Note: Need to consider additional "final provisions" to be included in this Agreement, such as entry 
into force, withdrawal, amendment, modificati ons of schedules,  WTO Secretariat to service 
Agreement, deposit etc. - items included, for example, in the various UR WTO agreements]  
  
Annex I - Electronic Goods 
 
 [ Add positive list of electronic goods subject to the Agreement.  This list would apply to all 
Members.]  
 
Annex II - Treatment of Conformity Assessment Bodies 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.F. Each agency and its covere d products may be listed separately with respect to 
EMC and electrical safety.]  
 
Annex III - Acceptance of SDoC 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.H. Each agency and its affect ed products may be listed separately with respect 
to EMC and electrical safety.  For example, SDoC  accepted for x product with respect to EMC and 
for y product with respect to electrical safety.] 
 
Annex IV – Acceptance of Third-Party Certification 
 
 [Add positive list of electronic goods covered for each agency of the Member with respect to 
the obligations in III.I. Each agency and its affected  products may be listed separately with respect to 
EMC and electrical safety.  For example, Third- Party Certification accepted for x product with 
respect to EMC and for y product with respect to electrical safety.]   
   
  TN/MA/W/103/Rev.3/Add.1 
 Page 87 
 
 
  XII. MINISTERIAL DECISION ON TRADE IN REMANUFACTURED GOODS 43 
 
Members,  
 
Recalling  that pursuant to paragraph 16 of the Doha  Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropria te eliminating tariffs and non-tariff barriers on 
non-agricultural products;    
Recognizing  the objectives of protecting and preserving the environment, promoting 
sustainable development by preventing unnecessary w aste and conserving energy and raw materials, 
raising standards of living, and expanding  the production of and trade in goods; 
 
Noting  the development of remanufacturing as an important new field in manufacturing; 
 
Considering  the benefits to the environment and to consumers of the production of and trade 
in remanufactured goods; 
 Recognizing  that remanufacturing takes place in deve loped and developing countries alike, 
creating jobs and facilitating economic growth; 
 
 Desiring  to enhance opportunities for trade in remanufactured products by reducing 
or, as appropriate, eliminating non-tariff barriers in respect of those goods;   
  Mindful  of Members’ right to adopt measures for the protection of human, animal or 
plant life or health, or of the environmen t, consistent with the WTO Agreement; 
 
 Decide as follows: 
 1. Each Member’s trade regime should evolve  in a manner that enhances market access 
opportunities for remanufactured goods.
44 
2. Members should review their non-tariff measure s with a view to ensuring that they do not 
impose prohibitions or restrictions on the importati on of remanufactured goods that are proscribed by 
the Multilateral Agreements on Trade in Goods. 
3. Members shall meet every six months  under the auspices of the Council on Trade in Goods to 
discuss  Members’ progress in reducing or, as appropriate, eliminating non-tariff barriers in respect of 
remanufactured goods.  The discussions shall be c onducted using procedures that take fully into 
account the special needs and interests of developi ng and least-developed country participants.   
4. Members shall afford sympathetic considera tion to any request for consultation from other 
Members concerning their non-tariff measures aff ecting remanufactured goods.  Such consultations 
shall be without prejudice to a Member’s rights and obligations under the WTO Agreement.  
5. For purposes of this Decision, remanufactured good  means  [a non-agricultural good that 
(1) is entirely or partially comprised of parts (i) that have been obtained from the disassembly of used 
goods; and (ii) that have been processed, cleaned, inspect ed, or tested to the ex tent necessary to ensure 
they are in original working c ondition; and (2) has a warranty.] 
[NB:  Definition subject to further discussion.]    
                                                      
43 Submitted by the Japan, Switzerland and the United States (document TN/MA/W/18/Add.16/Rev.2) 
44 This paragraph does not require a Member to redu ce or eliminate tariffs on  remanufactured goods. TN/MA/W/103/Rev.3/Add.1 
Page 88  
 
  XIII.  AGREEMENT ON NON-TARIFF BARRIERS PERTAINING TO STANDARDS, 
TECHNICAL REGULATIONS, AND CO NFORMITY ASSESSMENT PROCEDURES 
FOR AUTOMOTIVE PRODUCTS
 45   
 Members,  
 
Recalling that pursuant to paragraph 16 of the Doha Ministerial Declaration, Members agreed 
to negotiations aimed at reducing or as appropria te eliminating tariffs and non-tariff barriers on 
non-agricultural products; 
 
Recognizing the important contribution of automotiv e products to global economic growth 
and development;  
 
Desiring to ensure that technical regulations, standards, and conformity assessment 
procedures do not create unnecessary obstacles to international trade  in automotive products;  
 
Affirming their existing rights and obligations under the WTO Agreement, including the 
Agreement on Technical Barriers to Trade (TBT Agreement);  
Recognizing  that no Member should be prevented fro m taking measures that are necessary for 
the protection of human, animal or plant life or health, of the environment, or for the prevention of deceptive practices, at the levels it considers appropria te, subject to the requirement that they are not 
applied in a manner which would constitute a mean s of arbitrary or unjustifiable discrimination 
between countries where the same conditions prevail or  a disguised restriction on international trade, 
and are otherwise in accordance with the provisions of this Agreement;  
 Recognizing  that no country should be prevente d from taking measures necessary for the 
protection of its essential security interests; and    
 
Seeking  to supplement and elaborate on the TBT Ag reement with respect to standards, 
technical regulations, and conformity assessment procedures pertaining to automotive products;  
 
Agree as follows:  
 
I. DEFINITIONS 
 For purposes of this Agreement: 
 
 Appropriate international standardizing body means a body that when preparing a 
standard applies the principles set out in the Decisions and Recommendations adopted by the 
Committee since 1 January 1995 , G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the 
Committee on Principles for the Development of International Standards, Guides and 
Recommendations with relation to Artic les 2, 5 and Annex 3 of the Agreement ) (Committee Decision ) 
issued by the WTO Committee on Technical Barriers to Trade (TBT Committee), including paragraph 11 of the Committee Decision  as elaborated in paragraph III.A, and observes the principle of openness 
set out in paragraph 6 of the Committee Decision ;  
  
 Automotive product  includes any product classifiable under the Harmonized System 
subheadings specified in Annex I of this Agreement;  
                                                     
 
45 Submitted by the United States (document JOB(08)/46).   TN/MA/W/103/Rev.3/Add.1 
 Page 89 
 
 
   Central government body means a central government body as defined in Annex 1 of the 
TBT Agreement;   Standard, technical regulation, or  conformity assessment procedure  means respectively a 
standard, technical regulation, or conformity assess ment procedure as defined in Annex 1 of the TBT 
Agreement that pertains to an automotive product; and 
  Supplier  means any party that supplies the product and may include a manufacturer, 
distributor, or importer.  II. SCOPE AND COVERAGE    
A. This Agreement shall apply with respect to any automotive product.   
 B. Members assume obligations under this Agreem ent only with respect to standards, technical 
regulations, and conformity assessment pr ocedures of central government bodies. 
 
C. This Agreement shall not apply to purchasing specifications prepared by governmental bodies 
for production or consumption re quirements of governmental bodies. 
 D. Any reference in this Agreement to standard s, technical regulations, or conformity assessment 
procedures shall be construed to include any am endment thereto and any additions to product 
coverage or other provisions thereo f, except amendments and additions  of an insignificant nature, to 
the extent such amendment or additio n pertains to an automotive product. 
 
III. STANDARDS, TECHNICAL REGULATIONS, AND CONFORMITY ASSESSMENT 
PROCEDURES 
International Standards 
 
A. In determining whether an international standard, guide or recommendation within the 
meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists pertaining to automotive 
products, each Member shall base its determination on the principles set out in the Committee 
Decision , including whether the standardizing body takes into account relevant regulatory or market 
needs and scientific and technological devel opments as set out in paragraph 11 of the Committee 
Decision  when preparing a standard, guide or recomme ndation.  “Relevant regulatory or market needs 
and scientific and technological developments” sha ll include the technical and economic feasibility of 
alternative approaches to the standard under developm ent, the relative benefits  and cost-effectiveness 
of alternative approaches, and the best available technology. 
 
Good Regulatory Practice  
 
B. Where a Member prepares or proposes to adopt a technical regulation or conformity 
assessment procedure, it shall:  
(1) consider, inter alia , costs of complying with the proposed technical regulation or 
conformity assessment procedure; and 
 (2) assess the available regulatory and non-re gulatory alternatives to the proposed 
technical regulation or conformity assessment procedure that may fulfil the Member’s 
legitimate objective, such as market incen tives or other voluntary mechanisms, or 
considering a product to meet the Member’s  requirements if it conforms with a 
relevant alternative in ternational standard. TN/MA/W/103/Rev.3/Add.1 
Page 90  
 
   Members are also encouraged to ensure that their technical regulations and conformity 
assessment procedures are based on the princi ples of “good regulation” set out in the OECD Guiding 
Principles for Regulatory Quality and Performance  (2005).   
 
Harmonizing Technical Regulations a nd Conformity Assessment Procedures 
 
C. With a view to harmonizing technical regul ations and conformity assessment procedures on 
as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the 
preparation by appropriate international standardiz ing bodies of international standards, guides and 
recommendations pertaining to automotive products.   
 
D. Where a technical regulation or conformity assessment procedure is required and a relevant 
international standard, guide or recommendation does not  exist or its completion is not imminent or it 
would be an ineffective or inappropriate means fo r the fulfilment of the legitimate objectives pursued, 
a Member shall consider using, as a basis for its technical regulation or conformity assessment 
procedure, another Member’s technical regulation or  conformity assessment procedure, or the relevant 
parts of it, that is not inconsistent with the WTO Agreement [ Note: need to reference this agreement 
and other DDA agreements as well, with the precise na me of those agreements to be determined later ] 
and has been developed in accordance with paragraphs E and G.    
Transparency   
 E. This paragraph shall apply in lieu of Artic les 2.9 and 5.6 and paragraphs L through N of 
Annex 3 of the TBT Agreement where a Member prepares or proposes to adopt a standard, technical regulation, or conformity assessment procedure, and shall apply regardless of whether relevant 
international standards, guides or recommendations exist or the technical content of the proposed 
standard, technical regulation, or conformity assess ment procedure is in accordance with relevant 
international standards, guides or recommendations.  Where a Member prepares or proposes to adopt 
a standard, technical regulation, or conformity assess ment procedure that may have a significant effect 
on trade of other Members, the Member shall, with a view to providing meaningful opportunity for comment and without discrimination am ong Members or interested parties: 
 
(1) publish, in print or electronically, the proposed standard, technical regulation, or 
conformity assessment procedure at the earliest appropriate stage, in such a manner as to enable interested parties in other Me mbers to become acquainted with it and to 
submit written comments before the Member finalizes the standard, technical regulation, or conformity assessment procedure; 
 
(2) notify other Members through the Secretaria t at the earliest appropriate stage of the 
proposed standard, technical regulation,  or conformity assessment procedure, 
including the automotive product(s) the proposal covers, together with a brief indication of its objective and rationale and,  to the extent applicable, any provisions 
of the standard, technical regulation, or conformity assessment procedure that deviate 
in substance from relevant internationa l standards, guides or recommendations; 
 
(3) upon request from another Member or interested party, provide copies of and 
particulars concerning the proposed standard, technical regulation, or conformity assessment procedure, including: 
 
(i) how the Member took into account the elements set out in paragraph B;  (ii) where applicable, the Member’s r easons for determining that relevant 
international standards, guides or recommendations do not exist or are not  TN/MA/W/103/Rev.3/Add.1 
 Page 91 
 
 
  imminent or that using relevant inte rnational standards, recommendations or 
guides as a basis for its measure would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued; and 
 (iii) any provisions of the measure that  are based on another Member’s standard, 
technical regulation, or conformity assessment procedure and, if the Member 
based its measure on two or more Members’ standards, technical regulations, or conformity assessment procedures, the Member’s reasons therefore. 
 (4) (i) allow reasonable time (normally at least 60 days) for Members and interested 
parties to comment in writing on the proposal,
46 and (ii) take into account any such 
comments;  
 (5) upon request, discuss written comments it r eceives from Members and take the results 
of those discussions into account; and 
 
(6) publish, in print or electronically, any written comments it received from Members or 
interested parties on the proposed standard, technical regulation, or conformity assessment procedure. 
 F. Where urgent problems of safety, health, envi ronmental protection, or national security arise 
or threaten to arise for a Member, that Member ma y omit such steps enumerated in paragraph E as it 
finds necessary, provided that the Member shall w ithout discrimination among Members or interested 
parties:  
(1) immediately following adoption of the measure, notify other Members through the 
Secretariat of the standard, technical regulation, or conformity assessment procedure, 
including the automotive product(s) the standard, technical regulation, or conformity assessment procedure covers, together with: (i) a brief indication of its objective and rationale; (ii) to the extent applicable, any provisions of the standard, technical 
regulation, or conformity assessment pr ocedure that deviate in substance from 
relevant international standards, guides or  recommendations; and (iii) the nature of 
the urgent problem; 
 (2) upon request, provide other Members and interested parties with copies of and 
particulars concerning the standard, techni cal regulation, or conformity assessment 
procedure; 
 
(3) (i) allow other Members and interested parties to submit comments in writing on the 
standard, technical regulation,  or conformity assessment pro cedure; and (ii) take these 
comments into account in deciding whether to modify the standard, technical regulation, or conformity assessment procedure; and 
 
(4)  upon request, discuss written comments it r eceives from Members and take the results 
of those discussions into account.  
 
G. When publishing a standard, technical regulation,  or conformity assessment procedure that it 
has adopted, or if paragraph F applies, as soon as possible after publication of the adopted standard, 
technical regulation, or conformity assessment pro cedure, each Member shall publish, in print or 
electronically: 
                                                     
 
46 Each Member shall publish, in print or electronically, a notifica tion specifying the comment period 
and give favourable consideration to reasonable requests to extend the comment period. TN/MA/W/103/Rev.3/Add.1 
Page 92  
 
   (1) its responses to any significant issues raised in comments it received from Members 
or interested parties during the comment period;
47 and  
 
(2) the objective and rationale for prepari ng or adopting the standard, technical 
regulation, or conformity assessment procedure.  
 
H. Each Member shall ensure that its proposed  and final standards, technical regulations and 
conformity assessment procedures, as well as any relevant penalties, are published in a single official journal of national circulation, and shall encourag e their distribution through additional outlets.   
 
I. Except in those urgent circumstances referre d to in paragraph F, Members shall allow a 
reasonable period of time between the publication of  a technical regulation or conformity assessment 
procedure and the date(s) on which compliance w ith the technical regulation or conformity 
assessment procedure becomes mandatory to allo w time for producers in exporting Members, and 
particularly in developing country Members, to adapt to the requirements of the importing Member.  
Where conformity with a technical regulation would re quire a substantial change in automobile design 
or technology, a reasonable period of time shall usua lly be not less than 18 months after the date of 
publication.  A Member shall consider reasonable requests from a Member or interested party to 
extend the period between publication and the da te(s) on which compliance with the technical 
regulation or conformity assessment procedure be comes mandatory, particularly in circumstances 
where conformity with the technical regulation wo uld require a substantial change in automobile 
design or technology.  
 J. Each Member shall publish, on an annual basis, a regulatory agenda which includes any 
standard, technical regulation, or  conformity assessment procedure that it reasonably expects to issue 
in proposed or final form within no less than the following 12 month period.   
 
Testing    
 
K. If a Member requires test results (alone or in conjunction with other assurances of 
conformity) or other assurances of conformity that are based on test results as an assurance that an automotive product conforms with a standard or techni cal regulation, it shall not require the testing to 
be performed in a testing facility within its territory  and shall accept the test results if the testing is 
performed in another Member’s territory by a fac ility that the importing Member deems competent or 
approves for that purpose.  Each Member shall permit  a testing facility in another Member’s territory 
to demonstrate that it meets any requirements to be deemed competent or otherwise approved by the 
Member.  If the importing Member requires the testing facility to comply with requirements 
concerning the testing of automotive products for conformity with the standard or technical 
regulations or requires the body that accredits the testing facility to comply with requirements 
concerning that accreditation, it shall ensure  that such requirements are based on: 
 (1) a relevant international standard, guide or recommendation that has been developed 
in accordance with the TBT Agreement and the Committee  Decision ; or  
 
(2) a conformity assessment procedure that the Member has adopted and published in 
accordance with the provisions of paragraphs E and G.  
 
                                                     
 
47 For greater certainty, if raised  in comments received from a Member or an interested party, a 
Member's response shall include a response to the items described in subparagraphs 3(i)-(iii).  TN/MA/W/103/Rev.3/Add.1 
 Page 93 
 
 
  L. If a Member determines that: 
 
(1) test results or other information that a supplier of an automotive product has 
submitted to the Member to demonstrate that  the product conforms to the Member’s 
technical regulations fails to de monstrate such conformity; or 
 
(2) a testing facility in the territory of another Member does not meet the Member’s 
requirements to be deemed competent or otherwise approved, 
  it shall immediately notify, in the case of subparagraph (1), the supplier of the automotive 
product and, in the case of subparagraph (2), the test ing facility the reasons for its determination and 
indicate the corrective action that if taken would remedy the deficiency.  
National Treatment of Conformity Assessment Bodies 
 
M. Each Member shall accord to conformity assessment bodies in the territory of any other 
Member treatment no less favourable than that it accords to conformity assessment bodies in its own 
territory with respect to the procedures, criteri a, and other conditions with which conformity 
assessment bodies must comply in order for the Memb er to accredit or otherwise approve them as 
competent to test or certify that an automotive product conforms with the Member's standard or 
technical regulation. 
 
Procedures for Review  
 
N.   
(1) Each Member shall establish or maintain  judicial, quasi-judicial, or administrative 
tribunals and procedures for the purpose of the prompt review and, where warranted, 
correction of its final administrative acti ons relating to technical regulations and 
conformity assessment procedures.  Each Memb er shall ensure that such tribunals are 
impartial and independe nt of the office or authority entrusted with administrative 
enforcement and do not have any substantial interest in the outcome of the matter, 
and that proceedings before such tribuna ls are transparent and comply with due 
process of law.   
 
(2) Each Member shall establish or maintain procedures for it to review, at 
regularly-scheduled intervals, its techni cal regulations and conformity assessment 
procedures to determine whether such measur es should be modified or eliminated so 
as to make the Member’s regulatory pr ogram more effective in achieving the 
legitimate objective(s) pursued.  In reviewi ng its technical regulations and conformity 
assessment procedures to determine whethe r such measures should be modified or 
eliminated, relevant elements of consid eration include whether such technical 
regulations and conformity assessment pr ocedures have become unnecessary or 
outdated by reason of changed circumstances, such as fundamental changes in 
technology.   
 
IV. INFORMATION  
  Nothing in this Agreement shall be construed to require a Member to furnish or allow access 
to confidential information the disclosure of whic h would impede law enforcement or otherwise be 
contrary to the public interest or which woul d prejudice the legitimate commercial interests of 
particular enterprises, public or private.  TN/MA/W/103/Rev.3/Add.1 
Page 94  
 
  V. MONITORING AND OVERSIGHT 
 
 A Subcommittee on Automotive Products (S ubcommittee) is hereby established as a 
subcommittee to the TBT Committee to oversee the operation and implementation of this Agreement 
and further its objectives and to provide a foru m for discussions on any matter related to this 
Agreement.  The Subcommittee shall: 
 
(1) comprise representatives of each Member; 
 
(2) elect its own Chairman and apply the TBT Committee working procedures; 
  
 (3) meet to review the implementation and ope ration of this Agreement (a) at least every 
six months during the first 30 months after th e date this Agreement enters into force, 
and (b) thereafter at least once every 12 months; and   
(4) report to the TBT Committee with a view to complementing and not duplicating the 
work of that Committee, and to this e nd, communicate to the TBT Committee the 
results of its review conducted pursuant to subparagraph (3). 
  
VI. DISPUTE SETTLEMENT 
  Article 14 of the TBT Agreement shall apply mutatis mutandis to this Agreement. 
 
[Note:  need to further consider relations hip with Dispute Settlement Understanding]  
 
VII. FINAL PROVISIONS  
 
[Note: Need to consider Afinal provisions @ to be included in this Agreemen t, such as entry into force, 
withdrawal, amendment, WTO Secretariat to service Agreement, deposit etc. B items included, for 
example, in the various UR WTO agreements]  
 
   TN/MA/W/103/Rev.3/Add.1 
 Page 95 
 
 
  Annex I 
 
Harmonized System Subheadings 
Vehicles Parts Parts Parts 
870120 381900 842123 854430 
870210 382000 842131 870710 
870290 400950 842139 870790 
870322 401010 842549 870810 
870323 401110 842691 870821 
870324 401120 843110 870829 
870331 401210 848210 870831 
870332 401220 848220 870839 
870333 401310 848240 870840 
870390 401593 848250 870850 
870421 401693 848310 870860 
870422 401699 850132 870870 
870423 681310 850710 870880 
870431 681390 850730 870891 
870432 700711 850790 870892 
870490 700721 851110 870893 
870600 700910 851120 870894 
 731816 851130 870899 
 732010 851140 871690 
 732020 851150 871899 
 830120  851180 902910 
 830210 851190 902920 
 830230 851220 902990 
 840734 851230 910400 
 840820 851240 940120 
 840990 851290 940190 
 840991 851991 940340 
 840999 851993 940350 
 841330 852520 940390 
 841391 852721 980200 
 841430 852729  
 841459 853180  
 841520 853641  
 841583 853910  
 841590 853921  
 
 
 
 TN/MA/W/103/Rev.3/Add.1 
Page 96  
 
  ANNEX 6
 
 
SECTORAL PROPOSALS48 
  
 
    
Table of Contents
 Page  
 
I. DRAFT MODALITIES FOR THE SECTORAL TARIFF ELIMINATION IN 
AUTOMOTIVES AND RELATED PARTS ........................................................................97  
II. DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE 
BICYCLE AND RELATED PARTS SECTOR.................................................................102  
III. DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE 
CHEMICALS SECTOR ......................................................................................................104  
IV. DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE ELECTRONICS/ELECTRICAL PRODUCTS .................................................................106
 
V. DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS ON FISH 
AND FISH PRODUCTS.......................................................................................................120  
VI. DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE 
FOREST PRODUCTS SECTOR ........................................................................................122  
VII. DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE GEMS AND JEWELLERY SECTOR................................................................................124
 
VIII.  DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE HAND TOOLS SECTOR.....................................................................................................127
 
IX. DRAFT MODALITIES FOR OPEN ACCESS TO ENHANCED HEALTHCARE ....................................................................................................................1 30
 
X. DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE 
INDUSTRIAL MACHINERY SECTOR............................................................................133  
XI. DRAFT MODALITIES FOR THE SECTORAL TARIFF ELIMINATION IN THE RAW MATERIAL SECTOR.....................................................................................139
 
XII. DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE SPORTS EQUIPMENT SECTOR......................................................................................143
 
XIII.  DRAFT MODALITIES FOR THE LIBERALIZATION OF TARIFFS IN THE 
TEXTILES, CLOTHING AND FOOTWEAR SECTOR.................................................145  
XIV.  DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE 
TOYS SECTOR .................................................................................................................... 146 
                                                      
48 The proposals have been compiled in alphabetical order by subject.  This compilation is without prejudice to the positions of Members and to their rights and 
obligations under the WTO Agreement.  The inclusion of a proposal in this Annex does not 
presume a consensus around it.  TN/MA/W/103/Rev.3/Add.1 
 Page 97 
 
 
   
I. DRAFT MODALITIES FOR THE SECTORAL TARIFF ELIMINATION IN 
AUTOMOTIVES AND RELATED PARTS49 
1. As proposed in the previous communication of 13 April 2006 (JOB(06)/87), tariff elimination 
in the automotives and related parts sector is an important component of a successful outcome of the 
Doha Development Agenda. The automotives and rela ted parts sector is a highly globalized sector 
that makes a significant contribution to quality of life.  Elimination of tariffs world-wide will play an 
important role for the benefit of consumers as well as the industry.  2. In accordance with paragraph [12(a)] of  the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tari ffs on automotives and related parts identified in 
paragraph 9 (“covered products”) as one of the non-mandatory sectoral initiatives. 
 
Procedure/Process 
 
3. Participants in automotives and related part s sectoral initiative are expected to fulfil the 
commitments described in these modalities if “critic al mass” is reached, that is, if WTO Members 
representing [99] per cent of global trade in auto motives (Annex 1) and [98] per cent of global trade 
in related parts (Annex 2) have indicat ed their intent to participate.  
 4. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
in the automotives and related parts sectoral initiativ e no later than two months after the establishment 
of NAMA modalities. When submitting its comprehens ive draft schedule, each Member that notified 
its participation (“participants”) shall have its commitments relating to au tomotives and related parts 
incorporated on a conditional basis in conformity with the modalities therein.  
5. Participants should meet no later than one m onth after the submission of comprehensive draft 
schedules to review the state of par ticipation and decide how to proceed. 
 
Principal Sectoral Modality 
 
6. Participants will eliminate tariffs on the produc ts identified in paragraph 9 in [5] equal rate 
reductions. The first reduction will be  implemented on 1 January of the year following entry into force 
of the DDA results and each successive reduction shall be made effective on 1 January of each of the 
following years.  
Special and Differential Treatment 
 
7. Developing Member participants may apply th e following flexibility options with respect to  
paragraph 6:   
 
(i) Bind up to [1] six-digit sub-heading of cove red products in Annex 1 at [10] per cent. 
 (ii) Bind up to [10] per cent of national tariff lin es of covered products in Annex 2 at [5] per cent, 
provided that these lines do not exceed [10] pe r cent of the total value of the Members 
imports of covered pr oducts in Annex 2.  
 8. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from agreed NAMA modalities than by  these sectoral modalities, the lower of the resulting tariffs will 
be applied to the affected tariff line. 
                                                     
 
49 Submitted by Japan (document JOB(08)/59). TN/MA/W/103/Rev.3/Add.1 
Page 98  
 
  Product Coverage
 
 
9. A possible product coverage list is contained in  the attached annexes. The ultimate decision 
on product coverage rests with the participants in the agreement. 
 
Annex 1  
 
Product coverage for automotives 
 
TL Description 
870321 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with spark-ignition internal combustion r eciprocating piston engine, of a cylinder 
capacity not exceeding 1,000 cc 
870322 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with spark-ignition internal combustion r eciprocating piston engine, of a cylinder 
capacity exceeding 1,000 cc but not exceeding 1,500 cc 
870323 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with spark-ignition internal combustion r eciprocating piston engine, of a cylinder 
capacity exceeding 1,500 cc but not exceeding 3,000 cc 
870324 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with spark-ignition internal combustion r eciprocating piston engine, of a cylinder 
capacity exceeding 3,000 cc 
870331 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with compression-ignition internal combusti on piston engine, of a cylinder capacity not 
exceeding 1,500 cc 
870332 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with compression-ignition internal combustion piston engine, of a cylinder capacity 
exceeding 1,500 cc but not exceeding 2,500 cc 
870333 Motor cars and other motor vehicles principa lly designed for the transport of persons 
with compression-ignition internal combustion piston engine, of a cylinder capacity exceeding 2,500 cc 
870390 Motor cars and other motor vehicles principa lly designed for the transport of persons, 
including incomplete motor vehicles without engine, other than those with sporkignition internal combustion recipro cating piston engine and with compression-
ignition internal combustion piston engine 
 
Annex 2  
 
Product coverage for related parts 
 
TL Description 
400912 Tubes, pipes and hoses, of vulcanised rubber other than hard rubber, not reinforced or 
otherwise combined with other materials, with fittings 
400922 Tubes, pipes and hoses, of vulcanised rubber other than hard rubber, reinforced or 
otherwise combined only with metal, with fittings 
400931 Tubes, pipes and hoses, of vulcanise rubber other than hard rubber, reinforced or 
otherwise combined only with textile materials, without fittings 
400932 Tubes, pipes and hoses, of vulcanise rubber other than hard rubber, reinforced or 
otherwise combined only with textile materials, with fittings  TN/MA/W/103/Rev.3/Add.1 
 Page 99 
 
 
  TL Description 
400941 Tubes, pipes and hoses, of vulcanised rubber other than hard rubber, reinforced or 
otherwise combined with other materials, without fittings 
400942 Tubes, pipes and hoses, of vulcanised rubber other than hard rubber, reinforced or 
otherwise combined with other materials, with fittings 
401110 New pneumatic tyres, of rubber, of a kind used on motor cars (including station wagons 
and racing cars) 
401161 New pneumatic tyres, of rubber, other, ha ving a “herring-bone” or similar tread, of a 
kind used on agricultural or forestry vehicles and machines 
401162 New pneumatic tyres, of rubber, other, ha ving a “herring-bone” or similar tread, of a 
kind used on construction or industrial handling vehicles and machines and having a rim 
size not exceeding 61cm 
401163 New pneumatic tyres, of rubber, other, ha ving a “herring-bone” or similar tread, of a 
kind used on construction or industrial handling vehicles and machines and having a rim 
size exceeding 61cm 
401169 Other new pneumatic tyres, of rubber, ot her, having a “herring-bone” or similar tread: 
401192 New pneumatic tyres, of rubber, without a “herring bone” or similar tread, of a kind used 
on agricultural or forestry vehicles and machines 
401193 New pneumatic tyres, of rubber, without a “herring bone” or similar tread, of a kind used 
on construction or industrial handling vehicl es and machines and having a rim size not 
exceeding 61cm 
401194 New pneumatic tyres, of rubber, without a “herring bone” or similar tread, of a kind used 
on construction or industrial handling vehi cles and machines and having a rim size 
exceeding 61cm  
401199 New pneumatic tyres, of rubber, without  a “herring bone” or similar tread, other 
401211 Retreaded pneumatic tyres, of rubber, of a kind used on motor cars (including station 
wagons and racing cars) 
401310 Inner tubes, of rubber, of a kind used on motor cars (including station wagons and racing 
cars), buses or lorries 
401691 Floor coverings and mats, of vulcan ised rubber other than hard rubber 
401699 Other articles, of vulcanised rubber other than hard rubber 
6813 Friction material and articles thereof (for exam ple, sheets, rolls, strips, segments, discs, 
washers, pads), not mounted, for brakes, for cl utches or the like, with a basis of asbestos, 
of other mineral substances or of cellulose, wh ether or not combined with textile or other 
materials 
700711 Toughened (tempered) safety glass, of size and shape suitable for incorporation in 
vehicles, aircraft, spacecraft or vessels 
700721 Laminated safety glass, of size and shape suita ble for incorporation in vehicles, aircraft, 
spacecraft or vessels 
700910 Rear-view mirrors for vehicles 
7320 Springs and leaves for springs, of iron or steel 
830120 Locks of a kind used for motor vehicles, of base metal 
830230 Mountings, fittings and si milar articles suitable for motor vehicles, of base metal 
840731 Spark-ignition reciprocating internal combustion piston engines of a kind used for the 
propulsion of vehicles of Chapter 87 of a cylinder capacity not exceeding 50 cc 
840732 Spark-ignition reciprocating internal combustion piston engines of a kind used for the 
propulsion of vehicles of Chapter 87, of a cylinder capacity exceeding 50 cc but not 
exceeding 250 cc 
840733 Spark-ignition reciprocating internal combustion piston engines of a kind used for the 
propulsion of vehicles of Chapter 87, of a cylinder capacity exceeding 250 cc but not 
exceeding 1,000 cc TN/MA/W/103/Rev.3/Add.1 
Page 100  
 
  TL Description 
840734 Spark-ignition reciprocating internal combustion piston engines of a kind used for the 
propulsion of vehicles of Chapter 87, of a cylinder capacity exceeding 1,000 cc 
840790 Spark-ignition reciprocating or rotary internal combustion piston engines, other than 
those for aircraft or for marine propulsion or reciprocating engines for the propulsion of vehicles of chapter 87 
840820 Compression-ignition internal combustion piston  engines (diesel or semi-diesel engines), 
of a kind used for the propulsion of vehicles of Chapter 87 
840991 Parts suitable for use solely or principally with spark-ignition internal combustion piston 
engines other than those for aircraft engines 
840999 Parts suitable for use solely or principally with the engines of heading 84.07 or 84.08, 
other than suitable for use solely or principa lly with spark-ignition internal combustion 
piston engines and those for aircraft engines 
841330 Fuel, lubricating or cooling medium pumps for internal combustion piston engines 
841430 Compressors of a kind used in refrigerating equipment 
841459 Fans(other than table, floor, wall, window , ceiling or roof fans, with a self-contained 
electric motor of an output not exceeding 125 W) 
841520 Air conditioning machines, comprising a motor-driven fan and elements for changing the 
temperature and humidity, of a kind used for persons, in motor vehicles 
841581 Air conditioning machines, comprising a motor-driven fan and elements for changing the 
temperature and humidity, other than those of subheadings 8415.10 and 8415.20, incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle 
(reversible heat pumps) 
841582 Air conditioning machines, comprising a motor-driven fan and elements for changing the 
temperature and humidity, other than tho se of subheadings 8415.10 and 8415.20, not 
incorporating a valve for reversal of th e cooling/heat cycle but incorporating a 
refrigerating unit 
841583 Air conditioning machines, comprising a motor-driven fan and elements for changing the 
temperature and humidity, other than tho se of subheadings 8415.10 and 8415.20, not 
incorporating a refrigerating unit 
841590 Parts of air conditioning machines 
842123 Oil or petrol-filters for internal combustion engines 
842129 Filtering or purifying machinery and apparatus for liquids, other than those for filtering, 
purifying water or beverages 
842131 Intake air filters for internal combustion engines 
842199 Parts of filtering or purifying machinery and apparatus for liquids or gases, other than 
those of centrifuges 
848310 Transmission shafts (including cam shafts and crank shafts) and cranks 
848320 Bearing housings, incorpora ting ball or roller bearings 
848330 Bearing housings, not incorporating ball or roller bearings; Plain shaft bearings 
848350 Flywheels and pulleys, including pulley blocks 
848390 Toothed wheels, chain sprockets and other transmission elements presented separately; 
parts 
848490 Sets or assortments of gaskets and similar joints, dissimilar in composition, put up in 
pouches, envelopes or similar packings 
850710 Lead-acid electric accumulators, of a kind used for starting piston engines 
8511 Electrical ignition or starting equipment of a kind used for spark-ignition or 
compression-ignition internal combustion engines (for example, ignition magnetos, magneto-dynamos, ignition coils, sparking pl ugs and glow plugs, starter motors); 
generators (for example, dyna mos, alternators) and cut-outs of a kind used in conjunction 
with such engines  TN/MA/W/103/Rev.3/Add.1 
 Page 101 
 
 
  TL Description 
851220 Lighting or visual signalling equipment, other than those of a kind use on bicycles and  
articles of heading 85.39 
851230 Sound signalling equipment of a kind use for cycles or motor vehicles 
851240 Windscreen wipers, defrosters and demisters of a kind use for cycles or motor vehicles 
851290 Parts of electrical lighting or signalling equi pment (excluding articles of heading 85.39), 
wind-screen wipers, defrosters and demisters, of a kind used for cycles or motor vehicles 
851821 Single loudspeakers, mounted in their enclosures 
851822 Multiple loudspeakers, mounted in the same enclosure 
851829 Loudspeakers whether or not mounted in their enclosure other than those of subheadings 
8518.21 and 8518.22 
851840 Audio-frequency electric amplifiers 
852721 Radio-broadcast receivers, combined with s ound recording or repr oducing apparatus not 
capable of operating without an external source of power, of a kind used in motor vehicles 
852729 Radio-broadcast receivers not capable of ope rating without an external source of power, 
of a kind used in motor vehicles, other than those combined sound recording or 
reproducing apparatus 
853910 Sealed beam lamp units 
853921 Tungsten halogen filament lamps, excluding u ltra-violet or infra-red lamps, other than 
sealed beam lamp units 
853929 Filament lamps, excluding ultra-violet or infra-red lamps, other than those of 
subheadings 8539.21 and 8539.22 
853990 Parts of electric filament lamps, electric discharge la mps or arc lamps 
854221 Monolithic integrated circuits, digital 
854430 Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships 
8707 Bodies (including cabs), for the motor vehicles of headings 87.01 to 87.05 
8708 Parts and accessories of the motor ve hicles of headings 87.01 to 87.05 
902910 Revolution counters, production counters, ta ximeters, mileometers, pedometers and the 
like 
902990 Parts and accessories of revolution count ers, production counters, taximeters, 
mileometers, pedometers and the like 
903180 Measuring or checking instruments, applian ces and machines not specified or included 
elsewhere in this chapter, other than mach ines for balancing mechanical parts , test 
benches and optical instruments and appliances 
903190 Parts and accessories of measuring or checking instruments, appliances and machines not 
specified or included elsewhere in this Chapter and of profile projectors 
903289 Automatic regulating or controlling instrument s and apparatus, other than hydraulic or 
pneumatic instruments 
9104 Instrument panel clocks and clocks of a similar type for vehicles, aircraft, spacecraft or 
vessels 
940120 Seats of a kind used for motor vehicles 
 TN/MA/W/103/Rev.3/Add.1 
Page 102  
 
  II. DRAFT MODALITIES FOR THE LIBE RALIZATION OF TARIFFS IN THE 
BICYCLE AND RELATED PARTS SECTOR
50 
1. As proposed in the  previous communicati ons of 5 April 2007 (ref. TN/MA/W/85) and 
21 September 2005 (ref. JOB(05)/202), tariff eliminati on in the bicycle and related parts sector would 
help to create greater economic value and lower pr oduction costs for this industry, present customers 
with a wider and more affordable choice of produ cts, and bring about cons iderable benefits for 
developing countries and for WTO Members in general. 
2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tariffs on bicycle and related parts products identified in 
paragraph 10 as part of a non-mandatory bicy cle and related parts sectoral initiative. 
Procedure/Process 
3. Participants in the bicycle and related part s sectoral initiative are expected to fulfil the 
commitments described in these modalities if ‘criti cal mass’ is reached, that is, if WTO Members 
representing at least [90] percent of world trade in bi cycle and related parts have indicated their intent 
to participate. 
4. Members are encouraged to notify proponents a nd the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant sha ll record its commitments relating to bicycle and 
related parts on a conditional basis in conformity with the modalities herein.51 
5. Participants should meet no later than one mont h after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
Principal Sectoral Modality 
 
6. Participants will eliminate tariffs on the products  identified in paragra ph 10 in [5] equal rate 
reductions or the final implementa tion period for general tariff reducti ons by formula, whichever is 
the shorter.  
7. The reduction will be implemented on 1 January of  the year following entry into force of the 
DDA results and each successive reduction shall be made effective on 1 January of each of the following years. 
Special and Differential Treatment 
 8. Developing Member participants may apply one of the following flexibility options with 
respect to paragraph 7: 
(i) Bind up to [5] percent of national bicycle and related parts product tariff lines at [5] 
percent, provided these lines do not exceed [5] percent of the total value of the 
Member’s bicycle and related parts product imports. 
(ii) Extend the implementation period for tariff reduction by up to an additional [2] 
annual rate reductions on up to [10] percent of national bicycle and related parts 
                                                     
 
50 Submitted by Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Mastu and Thailand (document JOB(08)/73). 
51 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat.  TN/MA/W/103/Rev.3/Add.1 
 Page 103 
 
 
  product tariff lines, provided these lines do not exceed [10] percent of the total value 
of the Member’s bicycle and related parts product imports. 
(iii) Another possible flexibility opti on could be further discussed while the participants in 
the agreement will ultimately decide all elem ents of special and differential treatment. 
9. In any year in which an affected tariff woul d be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line. 
Product Coverage 
 10. Without prejudice to the positions of co-sponsors,  the product coverage of the bicycle and 
related parts sectoral initiative should cover articl es contained in the table below. The ultimate 
decision on product coverage rests with the participants in the agreement. 
HS Code – 6 Digits Description 
4011.50  New pneumatic tyres, of rubber, of a kind used on bicycles  
4013.20  Inner tubes, of rubber, of a kind used on bicycles  
ex 6506.10*  Bicycle helmets  
ex 7315.11*  Roller chain of a kind used on bicycles  
ex 7320.20*  Stainless steel spring for bicycle valve inside core use  
ex 8306.10*  Bells for bicycles  
ex 8481.80*  Valves of inner-tubes, for bicycles  
8512.10  Lighting or visual signalling equipment of a kind used on bicycles  
ex 8512.90*  Parts of lighting or visual signalling equipment of a kind used on bicycles  
8712.00  Bicycles and other cycles (including delivery tricycles), not motorized  
8714.91  Frames and forks, and parts thereof  
8714.92  Wheel rims and spokes  
8714.93  Hubs, other than coaster braking hubs and hub brakes, and free-wheel 
sprocket-wheels  
8714.94  Brakes, including coaster braking hubs and hub brakes, and parts thereof  
8714.95  Saddles of cycles  
8714.96  Pedals and crank-gear, and parts thereof  
ex 8714.99*  Other parts and accessories of bicycles and other cycles, not motorized  
ex 8716.40* Other trailers and semi-trailers for bicycles  
ex 8716.90* Parts of other trailers and semi-trailers for bicycles  
* The product coverage of the specific tariff line is limited to only the description in the table.  
 TN/MA/W/103/Rev.3/Add.1 
Page 104  
 
  III. DRAFT MODALITIES FOR THE LIBE RALIZATION OF TARIFFS IN THE 
CHEMICALS SECTOR
52 
1. As proposed in the previous communications of 4 July 2005 (ref. TN/MA/W/58) and 
15 May 2006 (ref. TN/MA/W/72), tariff eliminati on in the chemicals sector is an important 
component of a successful outcome of the Doha Development Agenda.  The participation of Members 
that are major producers and/or traders of chemical s is essential to this initia tive, not only to advance 
the liberalization of global trade but also to pr omote global economic devel opment.  This initiative 
would produce substantial benefits for both developed and de veloping countries, increasing the 
competitiveness of both the chemicals sector and many downstream industries.  
2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tariffs on chemical products identified in paragraph 10 as 
part of a non-mandatory chem icals sectoral initiative. 
 
Procedures/Process 
 
3. Participants in the chemicals sectoral initiativ e are expected to fulfil the commitments described 
in these modalities if ‘critical mass’ is reached, that is, if WT O Members representing at least 
90 per cent of world trade in chemicals have  indicated their intent to participate. 
 4. Members are encouraged to notify proponents and the WTO Secretariat of their participation no 
later than two months after the establishment of NAMA modalities. When submitting its comprehensive 
draft schedule, each participant shall record its co mmitments relating to chemicals on a conditional basis 
in conformity with the modalities herein.
53 
 5. Participants should meet no later than one month after the submission of comprehensive draft 
schedules to review the state of participation and decide how to proceed.   
 
Principal Sectoral Modality 
 
6. Developed Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [6] equal rate re ductions. The first reduction will be implemented on 1 January of the 
year following entry into force of the DDA resu lts and each successive reduction shall be made 
effective on 1 January of each of the following years.  7. Developing Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [11] equal rate reductions.  The first reduction will be implemented on 1 January of 
the year following entry into force of the DDA resu lts and each successive reduction shall be made 
effective on 1 January of each of the following years.  
Special and Differential Treatment 
 
8. Developing Member participants may apply the following flexibility options with respect to 
paragraph 7:  
 
                                                     
 
52 Submitted by Canada; the European Communities; Japan; Norway; Singapore; Switzerland; the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Mastu and the United States (document 
JOB(08)/61). 
53 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat.  TN/MA/W/103/Rev.3/Add.1 
 Page 105 
 
 
   (i) Bind up to [4] percent of national ch emical product tariff lines at [4] percent, 
provided they do not exceed [4] percent of th e total value of the Member’s chemical 
product imports. 
  (ii) Extend the implementation period for tariff reductions by up to an additional 
[5] annual rate reductions on up to [5] pe rcent of national chemical product tariff 
lines. 
  Only one of the options may be used on an individual tariff line. 
 
9. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariff 
will be applied to the affected tariff line.    
Product Coverage 
 
10. Product coverage for the chemicals sectoral initiative includes all chemical lines covered by 
the Uruguay Round Chemical Tariff Harmonization Agreement (CTHA) in HS Chapters 28-39.  
Agricultural lines identified in Annex 1 of the Dr aft Modalities for Non-Agricultural Market Access 
(TN/MA/W/103) are not included in product coverage for this sectoral initiative.  The ultimate decision on product coverage rests with the participants in the initiative. 
 
 HS 2002 Illustrative Description 
  Ch. 28  Inorganic chemicals, organic or inorga nic compounds of precious metals such as: chlorine, 
flourine, sulfur, alkaline, hydrogen chloride 
  Ch. 29 Organic chemicals such as : ethane, butane, propane, octane 
  Ch. 30  Pharmaceutical products 
  Ch. 31  Fertilizers 
  Ch. 32  Tanning or dyeing extracts 
  Ch. 33  Essential oils 
  Ch. 34  Soap, organic surfacing agents, lubri cating preparations, artificial and prepared waxes,
candles 
  Ch. 35  Albuminoidal substances; modified starches; glues; enzymes  
  Ch. 36  Explosives 
  Ch. 37  Photographic or cinematographic goods 
  Ch. 38  Miscellaneous chemical products such as: pine oil, herbicides, insecticides 
  Ch. 39  Plastics and articles thereof such as: resins and polymers TN/MA/W/103/Rev.3/Add.1 
Page 106  
 
  IV. DRAFT MODALITIES FOR THE LIBE RALIZATION OF TARIFFS IN THE 
ELECTRONICS/ELECTRICAL PRODUCTS
54 
1. As proposed in the previous communications of 4 July 2005 (ref.TN/MA/W/59), 
11 October 2005 (ref. TN/MA/W/59/Add.1) and 28 Ap ril 2006 (ref. TN/MA/W/69), tariff elimination 
in the electronics/electrical products sector is an essential component of a successful outcome of the 
Doha Development Agenda.  The electronics/electrical sector is a dynamic sector featuring extensive 
global supply networks in both de veloping and developed countries,  and the products involved are 
critically important for a broad range of economic activities.  2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tari ffs on electronics/electri cal products identified in 
paragraph 10 (“covered produc ts”) as one of the non-manda tory sectoral initiatives. 
 
Procedure/Process 
 3. Participants in the electronic s/electrical products s ectoral initiative are expected to fulfill the 
commitments described in these modalities if ‘criti cal mass’ is reached, that is, if WTO Members 
representing [90] per cent of world tr ade in electronics/electrical products have indicated their intent to 
participate.  4. Members are enco uraged to notify proponents and the WTO S ecretariat of their participation in 
the electronics/electri cal products sectoral initiative no later than  two months after the establishment of 
NAMA modalities. When submitting its comprehensive draft schedule, each Member that notified its 
participation (“participan t”) shall have its commitm ents relating to electr onics/electri cal products 
incorporated on a conditional basis in conformity with the modalities herein.  
5. Participants should meet no later than one month after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
 
Principal Sectoral Modality 
 
6. Developed Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [3] equal rate re ductions. The first reduction will be implemented on 1 January of the 
year following entry into force of the DDA resu lts and each successive reduction shall be made 
effective on 1 January of each of the following years.  7. Developing Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [5] equal rate re ductions. The first reduction will be implemented on 1 January of the 
year following entry into force of the DDA resu lts and each successive reduction shall be made 
effective on 1 January of each of the following years.   
 All participants are encouraged to eliminate cu stoms duties autonomously prior to these dates. 
 
                                                     
 
54 Submitted by Hong Kong, China; Japan; Korea; Singapore; Thailand and the United States 
(document JOB(08)/67).  TN/MA/W/103/Rev.3/Add.1 
 Page 107 
 
 
  Special and Differential Treatment 
 
8. Developing Member participants may apply the following flexibility options with respect to 
paragraph 7:  
(i) Bind up to [5] percent of national tariff lines of covered products at [5] percent 
[, provided these lines do not exceed [5] percent of the total value of the Member's imports of covered products].  The particip ants are encouraged to further reduce or 
eliminate these duties autonomously at a later date. 
 
(ii) Extend the implementation period for ta riff reduction by up to an additional [4] 
annual rate reductions on up to [5] percent of national tariff lines of covered products. 
  Only one of the options may be used on an individual tariff line.  
9. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line.  
Product Coverage 
 10. Without prejudice to the positions of co-s ponsors, a possible produc t coverage list is 
contained in the attached annex. The ultimate decisi on on product coverage rest s with the participants 
in the agreement.
55 
 
Annex  
 
Note : It is understood that the entire heading " 8486" (semiconductor manufacturing machinery and 
parts thereof) under HS2007 shall be  covered, wherever they are cl assified under HS2002. (The items 
specified by "*" in the list are covered inso far as they are covered under that heading.) 
 
HS2002 * Description (for reference purpose) 
381800   Chemical elements doped for use in electronics, in the form of discs, 
wafers or similar forms: chemical compounds doped for use in electronics, of other substances other than those of silicon 
700991   unframed Glass mirrors, excluding rear-view mirrors for vehicles 
702000   Articles of glass, other than  those of headings 7001 to 7019 
841430   Compressors of a kind used in refrigerating equipment 
841451   Table, floor, wall, window, ceili ng or roof fans, with a self-contained 
electric motor of an output not exceeding 125 W 
841490   Parts of air or vacuum pumps, air or other gas compressors and fans; 
parts of ventilating or recyc ling hoods incorporating a fan 
841510   Air conditioning machines, comprising a motor-driven fan and elements 
for changing the temperature and humidity, of window or wall types, 
self-contained  or ""split-system"" 
                                                      
55 Some cosponsors have reservation as to the relevance of certain products included in the annex and 
this should be resolved before ultimate decision is taken on the product coverage. TN/MA/W/103/Rev.3/Add.1 
Page 108  
 
  HS2002 * Description (for reference purpose) 
841581   Air conditioning machines, comprising a motor-driven fan and elements 
for changing the temperature and humidity, incorporating a refrigerating 
unit and a valve for reversal of the cooling/heat cycle (reversible heat 
pumps), other than those of subheadings 8415.10 and 8415.20 
841590   Parts of air conditioning machines, comprising a motor-driven fan and 
elements for changing the temperature and humidity 
841810   Combined refrigerator-freezers,  fitted with separate external doors 
841821   Household type refrige rators of compression-type 
841822   Electrical household type refrigerators of absorption-type 
841829   Refrigerators, household type, othe r than those of compression-type and 
electrical ones of absorption-type 
841830   Freezers of the chest type, not exceeding 800 l capacity 
841840   Freezers of the upright type, not exceeding 900 l capacity 
841861   Refrigerating or freezing e quipment of compression type, whose 
condensers are heat exchangers, othe r than those of subheadings 8418.10 
to 8418.50; heat pumps 
841899   Parts of refrigerators, freeze rs and other refrigerating or freezing 
equipment, and parts of heat pumps, other than those of air conditioning machines of heading 84.15 and of  furniture designed to receive 
refrigerating or freezing equipment 
841989 * Machinery, plant or laboratory equipment, for the treatment of materials 
by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or 
plant of a kind used for domestic purposes. other than those of 
subheadings 8419.20 to 8419.81 
841990   Parts of machinery, plant or laboratory equipment, for the treatment of 
materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes, parts of 
instantaneous or storage water heaters, non-electric 
842112   Clothes-dryers 
842119 * Centrifuges, including centrifugal dryers, other than cream separators and 
clothes-dryers 
842191   Parts of centrifuges or centrifugal dryers 
842211   Dish washing machines of the household type 
842310   Personal weighing machines, including baby scales; household scales 
842489 * Mechanical appliances (whether  or not hand hand-operated) for 
projecting, dispersing or spraying liquids or powders, other than those for 
agricultural or horticultural use 
842490   Parts of mechanical applian ces (whether or not hand-operated) for 
projecting, dispersing or spraying liquids or powders; parts of fire 
extinguishers, whether or not charged; parts of spray guns and similar appliances; parts of steam or sand blasting machines and similar jet projecting machines  TN/MA/W/103/Rev.3/Add.1 
 Page 109 
 
 
  HS2002 * Description (for reference purpose) 
842839 * Continuous-action elevators and c onveyors, for goods or materials, other 
than those specially designed for underground use, those of bucket or belt 
type, pneumatic elevators and pneumatic conveyors 
842890 * Lifting, handling, loading or unloading machinery, other than those of 
headings 84.25 to84.27 and of subheadings 8428.10 to 8428.60 
843139   Parts of machinery of heading 84.28, n.e.s. 
845011   Fully-automatic washing machin es, each of a dry linen capacity not 
exceeding 10 kg 
845012   Washing machines, with built-in centrifugal drier, each of a dry linen 
capacity not exceeding 10 kg, othe r than fully-automatic ones 
845019   Washing machines, each of a dry linen capacity not exceeding 10 kg, 
other than those of subheadings 8450.11 and 8450.12 
845090   Parts of household or laundry-type washing machines 
845121   Drying machines, each of a dry linen capacity not exceeding 10 kg 
845190   Parts of machinery (other than machines of heading 84.50) for washing, 
cleaning, wringing, drying, ironing,  pressing (including fusing presses), 
bleaching, dyeing, dressing, finishing,  coating or impregnating textile 
yarns, fabrics or made up textile artic les; parts of machines for applying 
the paste to the base fabric or othe r support used in the manufacture of 
floor coverings such as linoleum; parts of machines for reeling, 
unreeling, folding, cutting or pinking textile fabrics. 
845210   Sewing machines of the household type  
845290   Parts of sewing machines, othe r than those of book-sewing machines of 
heading 84.40, sewing machine need les and furniture, base and covers 
for sewing machines and parts thereof 
845610 * Machine-tools for working any material by removal of material, by laser 
or other light or photon beam processes 
845691   Machine-tools for working any material by removal of material, for dry-
etching patterns on semiconductor materials, by electro-chemical, electron beam, ionic-beam or plasma arc processes,  
845699 * Machine-tools for working any material by removal of material by 
electro-chemical, electron beam, ionic-beam or plasma arc processes, 
other than for dry-etching patterns on semiconductor materials 
846221 * Numerically controlled bending, fo lding, straightening or flattening 
machines (including presses) for working metal 
846229 * Bending, folding, straightening, or flattening machines (including 
presses) for working metal, not numerically controlled 
846410 * Sawing machines for working stone, ceramics, concrete, asbestos-cement 
or like mineral materials or for cold working glass 
846420 * Grinding or polishing machines fo r working stone, ceramics, concrete, 
asbestos-cement or like mineral mate rials or for cold working glass 
846490 * Machine-tools for working stone, ceramics, concrete, asbestos-cement or 
like mineral materials or for cold working glass, other than sawing, grinding or polishing machines 
846610 * Self-opening die heads for use solely or principally with the machines of 
headings84.56 to 84.65 TN/MA/W/103/Rev.3/Add.1 
Page 110  
 
  HS2002 * Description (for reference purpose) 
846620 * Work holders for use solely or principally with the machines of 
headings84.56 to 84.65 
846630 * Dividing heads and other special attachments for machine-tools of 
heading 84.65 
846691   Parts and accessories suitable for use solely or principally with the 
machines of heading 84.64. other than those of subheadings 8466.11 to 
8466.30 
846693   Parts and accessories suitable for use solely or principally with the 
machines of headings84.56 to 84.61. other than those of subheadings 8466.11 to 8466.30.. 
846694   Parts and accessories suitable for use solely or principally with the 
machines of heading 84.62 or 84.63, i.e.. 
846911   Word-processing machines 
846920   Electric typewriters, other than automatic typewriters and printers of 
heading 84.71 
8470   Calculating machines and pocket-si ze data recording, reproducing and 
displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar 
machines, incorporating a calculating device; cash registers. 
8471   Automatic data processing machin es and units thereof; magnetic or 
optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included. 
847290   Office machines, other than those of subheadings8472.10 to 8472.30 
8473   Parts and accessories (other than  covers, carrying cases and the like) 
suitable for use solely or principally  with machines of headings 84.69 to 
84.72. 
847710 * Injection-moulding machines for rubber or plastics, not specified or 
included elsewhere in this Chapter 
847740 * Vacuum moulding machines and other thermoforming machines, for 
rubber or plastics, not specified or included elsewhere in this Chapter 
847759 * Machinery for moulding or otherwise forming rubber or plastics, not 
specified or included elsewhere in this Chapter 
847790   Parts of machinery for working ru bber or plastics or for the manufacture 
of products from these materials, not specified or included elsewhere in 
this Chapter 
847950 * Industrial robots, not elsewhere specified 
847989 * Machines and mechanical applia nces, having individual functions, not 
specified or included elsewhere in th is Chapter, other than those of 
headings 8479.10 to 8479.82 
847990   Parts of machines and mechan ical appliances, having individual 
functions, not specified or included elsewhere in this Chapter 
848071 * Moulds for rubber or plastics, of injection or compression types 
8501   Electric motors and generato rs (excluding generating sets). 
8502   Electric generating sets and rotary converters.  TN/MA/W/103/Rev.3/Add.1 
 Page 111 
 
 
  HS2002 * Description (for reference purpose) 
8503   Parts suitable for use solely or principally with the machines of heading 
85.01 or 85.02. 
850421   Liquid dielectric transformers, having a power handling capacity not 
exceeding 650 kava, other than ballasts for discharge lamps or tubes 
850422   Liquid dielectric transformers having a power handling capacity 
exceeding 650kVA but not exceeding 10,000kVA 
850423   Liquid dielectric transformers having a power handling capacity 
exceeding 10,000kVA 
850431   Electrical transformers, having a power handling capacity not exceeding 
1 kVA, other than those of liquid dielectric transformers and ballasts for discharge lamps or tubes 
850432   Electrical Transformers other than liquid dielectric transformers, having a 
power handling capacity exceeding 1 kVA but not exceeding 16 kVA 
850434   Other transformers having a power handling capacity exceeding 500kVA 
850440   Static converters 
850450   Inductors 
850490   Parts of electrical transformers, static converters or inductors 
8505   Electro-magnets; permanent magne ts and articles intended to become 
permanent magnets after magnetisatio n; electromagnetic or permanent 
magnet chucks, clamps and similar holding devices; electro-magnetic 
couplings, clutches and brakes; electro-magnetic lifting heads. 
8506   Primary cells and primary batteries. 
8507   Electric accumulators, including separators therefore, whether or not 
rectangular (including square). 
850910   Vacuum cleaners for domestic a ppliances, including dry and wet vacuum 
cleaners, with self-contained electric motor 
850920   Floor polishers for domestic app liance, with self-contained electric motor 
850940   Food grinders, mixers, and fruit or vegetable juice extractors, for 
domestic appliance, with self-contained electric motor 
850980   Electro-mechanical domestic a ppliances, with self-contained electric 
motor, other than those of subheadings8509.10 to 8509.40 
8510   Shavers, hair clippers and hai r-removing appliances, with self-contained 
electric motor. 
851310   Portable electric lamps designed to function by their own sources of 
energy, (for example, dry battery, accumulators  magnetos), other than lighting equipment of heading 8512 
851410 * Resistance heated furnaces and ovens 
851420 * Furnaces and ovens functioning by induction or dielectric loss, furnaces 
and ovens 
851430 * Other furnaces and ovens 
851440   Other equipment for the heat treatment of materials by induction or 
dielectric loss 
851490   Parts of industrial or laboratory electric furnaces and ovens (including 
those functioning by induction or dielectric loss) and other industrial or laboratory equipment for the heat treatment of materials by induction or dielectric loss TN/MA/W/103/Rev.3/Add.1 
Page 112  
 
  HS2002 * Description (for reference purpose) 
851519   Electric Brazing Or Soldering Machines Or Apparatus, other than 
soldering irons and guns 
851521   Electric Machines And Apparatus For Resistance Welding Of Metal, 
Fully Or Partly Automatic 
851529   Machines and apparatus for resistance welding of metal, other than those 
of fully or partly automatic type 
851531   Machines and apparatus for arc welding of metals, fully or partly 
automatic 
851580 * Electric (including electrically heated gas), laser or other light or photon 
beam, ultrasonic, electron beam, magnetic pulse or plasma arc welding machines and apparatus, whether or not capable of cutting other than 
those of subheadings 8515.21 to 8 515.39, and electric machines  and 
apparatus for hot spraying of metals or cermets, 
851590   Parts of electric (including electrically heated gas), laser or other light or 
photon beam, ultrasonic, electron be am, magnetic pulse or plasma arc 
soldering, brazing or welding machines and apparatus, whether or not capable of cutting, or of electric ma chines and apparatus for hot spraying 
of metals or cermets 
8516   Electric instantaneous or storage water heaters and immersion heaters; 
electric space heating apparatus a nd soil heating apparatus; electro-
thermic hair-dressing apparatus and hand dryers; electric smoothing 
irons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 85.45. 
8517   Electrical apparatus for line telephony or line telegraphy, including line 
telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systems; videophones. 
8518   Microphones and stands therefore; loudspeakers, whether or not mounted 
in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more 
loudspeakers; audio-frequency el ectric amplifiers; electric sound 
amplifier sets. 
851910   Coin- Or Token-Operated Record Players 
851921   Record Players not elsewhere specified or included, Without 
Loudspeaker 
851931   Turntables, With Automatic Record Changing Mechanism 
851992   Pocket-size cassette-players, not incorporating a sound recording device 
851993   sound reproducing apparatus of cassette-type, not incorporating a sound 
recording device, other than those of pocket-size cassette-players 
851999   Sound reproducing apparatus, not incorporating a sound recording 
device, other than those of subheadings 8519.10 to 8519.93 
8520   Magnetic tape recorders and other sound recording apparatus. 
8521   Video recording or reproduci ng apparatus of magnetic tape-type 
8522   Parts and accessories suitable for u se solely or principally with the 
apparatus of headings 85.19 to 85.21 
8523   Prepared unrecorded media for sound recording or similar recording of 
other phenomena, other than products of Chapter 37.  TN/MA/W/103/Rev.3/Add.1 
 Page 113 
 
 
  HS2002 * Description (for reference purpose) 
8524   Records, tapes and other recorded  media for sound or other similarly 
recorded phenomena, including matr ices and masters for the production 
of records, but excluding products of Chapter 37. 
8525   Transmission apparatus for radi o-telephony, radio-telegraphy, radio-
broadcasting or television; televisi on cameras; still image video cameras 
and other video camera recorders; digital cameras. 
852691   Radio navigational aid apparatus 
852692   Radio Remote Control Apparatus 
8527   Reception apparatus for radio-tele phony, radio-telegraphy or radio-
broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock. 
852812   Reception apparatus for television of colour, whether or not 
incorporating radio-broadcast receivers or sound or video recording or 
reproducing apparatus 
852813   Black And White Or Other Monochrome Reception Apparatus For 
Television, Whether Or Not Incorpor ating Radio-Broadcast Receivers Or 
Sound Or Video Recording Or Reproducing Apparatus. Reception apparatus for television of black a nd white or other monochrome whether 
or not incorporating radio-broad cast receivers or sound or video 
recording or reproducing apparatus 
852821   Colour video monitors 
852830   Video projectors 
8529   Parts suitable for use solely or principally with the apparatus of heading 
85.25 to 85.28. 
8530   Electrical signalling, safety or tr affic control equipment for railways, 
tramways, roads, inland waterways, parking facilities, port installations 
or airfields  (other than those of heading 86.08) 
8531   Electric sound or visual signaling apparatus, other than those of heading 
85.12 or 85.30 
8532   Electrical capacitors, fixed, variable or adjustable (pre-set). 
8533   Electrical resistors, other than heating resistors. 
8534   Printed circuits 
8535   Electrical apparatus for switching or protecting electrical circuits, or for 
making connections to or in electri cal circuits, for a voltage exceeding 
1,000 volts. 
853610   Fuses, For A Voltage Not Exceeding 1 000 V 
853620   Automatic Circuit Breakers For A Voltage Not Exceeding 1 000 V 
853630   Apparatus for protecting electrical circuits for a voltage not exceeding 
1,000 volts, other than fuses and automatic circuit breakers 
853641   Relays For A Voltage Not Exceeding 60 V 
853649   Relays For A Voltage Exceeding 60 V Or More But Not Exceeding 1000 
V 
853650   Switches for a voltage not exceed ing 1,000 volts, other than relays 
853669   Plugs and sockets for a voltage not exceeding 1,000 volts 
853690   Electrical apparatus forsaking connections electrical circuits, for a 
voltage not exceeding 1,000 volts, other than those of subheadings8536.10 to 8536.69 TN/MA/W/103/Rev.3/Add.1 
Page 114  
 
  HS2002 * Description (for reference purpose) 
8537   Boards, panels, consoles, desks, cabinets and other bases, equipped with 
two or more apparatus of heading 85.35 or 85.36, for electric control or 
the distribution of electricity, including those incorporating instruments 
or apparatus of chapter 90, and numer ical control apparatus, other than 
switching apparatus of heading 85.17. 
8538   Parts suitable for use solely or principally with the apparatus of heading 
85.35, 85.36 or 85.37. 
853921   Electric filament lamps of Tungsten halogen 
853922   Electric Filament Lamps not else where specified or included, Of A 
Power Not Exceeding 200 W And For A Voltage Exceeding 100 V 
853929   Electric Filament Lamps, excluding ultra-violet or infra-red lamps other 
than Tungsten halogen 
853931   Discharge lamps, other than ultra-violet lamps, of Fluorescent, hot 
cathode 
853932   Mercury or sodium va pour lamps; metal halide lamps 
853939   Electric Discharge Lamps, Other Than Ultra-Violet Lamps, and those of 
subheadings 8539.31 and 8539.32 
853941   A. Arc lamps 
853949   Ultra-violet lamps and infra-red lamps 
853990   Parts For Electric Filament, Discharge Or Arc Lamps 
8540   Thermionic, cold cathode or photo-cathode valves and tubes 
8541   Diodes, transistors and similar semiconductor devices; photosensitive 
semiconductor devices; light emitting diodes; mounted piezo-electric 
crystals. 
8542   Electronic integrated ci rcuits and microassemblies. 
8543   Electrical machines and apparatus, having individual functions, not 
specified or included elsewhere in this Chapter. 
854411   Insulated winding wire of copper 
854419   Insulated winding wire other than of copper 
854420   Insulated Coaxial Cable And Other Coaxial Electrical Conductors 
854441   Electric conductors fitted with c onnectors, for a voltage not exceeding 80 
V, other than those of subheadings 8544.20 and 8544.30 
854449   Electric conductors not fitted with connectors, for a voltage not 
exceeding 80 V, other than those of subheadings 8544.11 to 8544.30 
854451   Electric conductors fitted with c onnectors, for a voltage exceeding 80 V 
but not exceeding 1,000 V, other than those of  subheadings 8544.20 and 
8544.30 
854459   Insulated Electric Conductors, For A Voltage Exceeding 80 V But Not 
Exceeding 1,000 V, Not Fitted With Connectors 
854460   Insulated Electric Conductors , For A Voltage Exceeding 1,000 V 
854470   Optical fiber cables, made up of individually sheathed fibers 
8545   Carbon electrodes, carbon brushes, lamp carbons, battery carbons and 
other articles of graphite or other car bon, with or without metal, of a kind 
used for electrical purposes. 
8546   Electrical insulators of any material.  TN/MA/W/103/Rev.3/Add.1 
 Page 115 
 
 
  HS2002 * Description (for reference purpose) 
8547   Insulating fittings for electrical machines, appliances or equipment, being 
fittings wholly of insulating material apart from any minor components 
of metal incorporated during moulding solely for purposes of assembly, 
other than insulators of heading 85.46; electrical conduit tubing and joints therefore, of base metal lined with insulating material. 
8548   Waste and scrap of primary cells, primary batteries and electric 
accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included else where in this Chapter. 
900110   Optical Fibers, Optical Fiber Bundles And Cables, Other Than Optical 
Fiber Cables Made Up Of Individually Sheathed Fibers 
900120   Sheets And Plates Of Polarizing Material 
900190   Lenses (including contact len ses), prisms, mirrors and other optical 
elements of any material, unmounted, other than those of glass not optically worked  and of subheadings 9001.30 to 9001.50 
9002   Lenses, prisms, mirrors and othe r optical elements, of any material, 
mounted, being parts of or fittings fo r instruments or apparatus, other 
than such elements of glass not optically worked. 
9006   Photographic (other than cinematographic) cameras; photographic 
flashlight apparatus and flashbulbs othe r than discharge lamps of heading 
85.39. 
9007   Cinematographic cameras and projectors. 
9008   Image projectors, other than cinematographic; photographic (other than 
cinematographic) enlargers and reducers. 
900911   Electrostatic photo-copying appara tus, of operating by reproducing the 
original image directly onto  the copy (direct process) 
900912   Electrostatic photo-copying appara tus, of operating by reproducing the 
original image via an intermediate  onto the copy (indirect process) 
900921   Photo-copying apparatus incorporating an optical system, other than 
those of subheadings 9009.11 and 9009.12 
900991   Automatic document feeders for Photo-copying apparatus incorporating 
an optical system or of the contact type and for thermo-copying apparatus
900992   Paper feeders, Photo-copying a pparatus and thermo-copying apparatus 
900993   Sorters for Photo-copying apparatus incorporating an optical system or of 
the contact type and for thermo-copying apparatus 
900999   Parts and accessories of photocopyi ng apparatus (incorporating an optical 
system or the apparatus of the contact type) and thermo-copying apparatus, other than automatic doc ument feeders, paper feeders and 
sorters 
901010   Apparatus and equipment for automatically developing photographic( 
including cinematographic) film or paper in rolls or for automatically exposing developed film to rolls of photographic paper 
901041   Apparatus for the projection or drawing of circuit patterns on sensitised 
semiconductor materials, direct write -on-water apparatus, not specified 
or included elsewhere in this chapter TN/MA/W/103/Rev.3/Add.1 
Page 116  
 
  HS2002 * Description (for reference purpose) 
901042   Apparatus for the projection or drawing of circuit patterns on sensitised 
semiconductor materials, step and repeat aligners, not specified or 
included elsewhere in this chapter 
901049   Apparatus for the projection or drawing of circuit patterns on sensitised 
semiconductor materials, not specified  or included elsewhere in this 
chapter 
901050   Other apparatus and equi pment for photographic (including 
cinematographic) laboratories; negatoscopes 
901090   Parts and accessories for appa ratus and equipment for photographic 
(including cinematographic) laboratories (including apparatus for the projection or drawing of circuit patterns on sensitized semiconductor materials) not specified or included elsewhere in this chapter, and for 
negatoscopes and projection screens 
901110 * Stereoscopic microscopes 
901120 * Other microscopes, for photomicrography, cinephotomicrography or 
microprojection 
901180   Other microscopes 
901190   Parts and accessories for compound optical microscopes, including those 
for microphotography, micro cinematography or micro projection 
901210 * Microscopes other than optical microscopes and diffraction apparatus 
901290   Parts and accessories for microscopes other than optical micro-scopes; 
and diffraction apparatus 
9013   Liquid crystal devices not constituting articles provided for more 
specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in 
this Chapter. 
901410   Direction finding compasses 
901480   Other instruments and appliances 
901490   Parts and accessories for direction finding compasses and other 
navigational instruments and appliances excluding those of electrical instruments and apparatus 
9015   Surveying, hydrographic, oceanogra phic, hydrological, meteorological or 
geophysical instruments and appliances, excluding compasses; rangefinders. 
9016   Balances of a sensitivity of 5 cg or better, with or without weights. 
901710   Drafting tables and machines 
901720   Drawing, marking-out or mathematical calculating instruments, other 
than drafting tables and machines 
901780   Drawing, marking-out or mathemat ical calculating instruments other than 
drafting tables and machines, micrometers, calipers and gauges 
901790   Parts and accessories for drawing, marking-out or mathematical 
calculating instruments; parts and accessories for instruments for 
measuring length, for use in the hand  
901812   Ultrasonic Scanning Apparatus 
901819   Electro-Diagnostic Apparatu s (Including Apparatus For Functional 
Exploratory Examination Or For Checking Physiological Parameters), 
other than those subheadings 9018.11 to 9018.14 And Parts Thereof  TN/MA/W/103/Rev.3/Add.1 
 Page 117 
 
 
  HS2002 * Description (for reference purpose) 
9023   Instruments, apparatus and m odels, designed for demonstrational 
purposes, unsuitable for other uses. 
9024   Machines and appliances for testing the hardness, strength, 
compressibility, elasticity or other mechanical properties of materials. 
9025   Hydrometers and similar floating in struments, thermometers, pyrometers, 
barometers, hygrometers and psychrom eters, recording or not, and any 
combination of these instruments. 
9026   Instruments and apparatus for measuring or checking the flow, level, 
pressure or other variables of liquids or gases, excluding instruments and 
apparatus of heading 90.14, 90.15, 90.28 or 90.32. 
9027   Instruments and apparatus for physi cal or chemical analysis; instruments 
and apparatus for measuring or checki ng viscosity, porosity, expansion, 
surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light; microtomes. 
9028   Gas, liquid or electricity su pply or production meters, including 
calibrating meters therefore. 
9029   Revolution counters, production co unters, taximeters, mileometers, 
pedometers and the like; speed indicators and tachometers, other than those of heading 90.14 or 90.15; stroboscopes.  
903010   Instruments and apparatus for m easuring or detecting ionizing radiations 
903020   Cathode-ray oscilloscop es and cathode-ray oscillographs 
903031   Multimeters; instruments and a pparatus, for measuring or checking 
voltage, current, resistance or power, without a recording device 
903039   Instruments And Apparatus For Measuring Or Checking Voltage, 
Current, Resistance Or Power, Without A Recording Device (Excluding Multimeters), other than those of subheadings 9030.10 and 9030.20 
903040   Instruments and apparatus, speci ally designed for telecommunications, 
other than those of subheadings 9030.10 to 9030.39 
903082   Instruments and apparatus for measuring or checking semiconductor 
wafer or device, other than those of subheadings 9030.10 to 9030.40 
903083   Other instruments and apparatus for measuring or checking electrical 
quantities, with a recording device  
903090   Parts and accessories of instru ments and apparatus for measuring or 
checking electrical quantities, excluding meters of heading 90.28; parts and accessories of instruments and apparatus for measuring or detecting 
ionizing radiations 
9031   Measuring or checking instruments, appliances and machines, not 
specified or included elsewhere in this Chapter; profile projectors. 
9032   Automatic regulating or cont rolling instruments and apparatus. 
9033   Parts and accessories (not specified  or included elsewhere in this 
Chapter) for machines, appliances, in struments or apparatus of Chapter 
90. 
910111   Wrist-watches with mechanical di splay only, with case of precious metal 
or of metal clad with precious metal 
910112   Wrist-watches, electrically opera ted with opto-electronic display only, 
with case of precious metal or of metal clad with precious metal TN/MA/W/103/Rev.3/Add.1 
Page 118  
 
  HS2002 * Description (for reference purpose) 
910119   Wrist-watches, electrically opera ted, with case of precious metal or of 
metal clad with precious metal, other than those of subheadings 9101.11 
and 9101.12 
910191   Electrically operated pocket-wa tches and other watches, including 
stopwatches, with case of precious metal or of metal clad with precious 
metal 
910211   Electrically operated wrist-watches with mechanical display only, 
whether or not incorporating a stop-watch facility, other than those of heading 91.01 
910212   Electrically operated wrist-watch es with opto-electronic only, whether or 
not incorporating a stop-watch facility, other than those of heading 91.01 
910219   Electrically operated wrist-watches, whether or not incorporating a stop-
watch facility, other than those of  heading 91.01 and of subheadings 
9102.11 and 9102.12 
910291   Electrically operated pocket-wa tches and other watches, including 
stopwatches, other than those of heading 91.01 
910310   Electrically operated Clocks with  watch movements, excluding clocks of 
heading 91.04 
910511   Alarm clocks, electrically operated 
910521   Wall clocks, electrically operated 
910591   Clocks, electrically operated, not specified or included elsewhere in this 
chapter 
910811   Electrically operated Watch move ments, complete and assembled, with 
mechanical display only or with a device to which a mechanical display 
can be incorporated 
910812   Electrically operated Watch move ments, complete and assembled, with 
opto-electronic display only 
910819   Electrically operated Watch move ments, complete and assembled other 
than those of subheadings 9108.11 and 9108.12 
910911   Electrically operated Clock move ments, complete and assembled, of 
alarm clocks 
910919   Electrically operated Clock movements, complete and assembled, other 
than those of alarm clocks 
940510   Chandeliers and other electric ceiling or wall lighting fittings, excluding 
those of a kind used for lighting p ublic open spaces or thorough-fares, 
excluding those of base metal 
940520   Electric table, desk, bedside or floor-standing lamps 
940530   Lighting sets of a kind used for Christmas trees 
940540   Electric lamps and lighting fittings, n.e.s. 
940560   Illuminated signs, illumi nated name-plates and the like 
940592   Parts of lamps and lighting fittings , of plastics; parts of illuminated signs, 
illuminated name-plates and the like, of plastics 
940599   Parts of lamps and lighting fittin gs, n.e.s.; parts of illuminated signs, 
illuminated name-plate and the like, n.e.s. 
950410   Video games of a kind used with a television receiver  TN/MA/W/103/Rev.3/Add.1 
 Page 119 
 
 
  HS2002 * Description (for reference purpose) 
950490   Articles for funfair, table or parl our games, including pintables, billiards, 
special tables for casino games and automatic bowling alley equipment, 
other than those of subheadings 9504.10 to 9504.40 
961210   Typewriter or similar ribbons, in ked or otherwise prepared for giving 
impressions, whether or not on spools or in cartridges 
 TN/MA/W/103/Rev.3/Add.1 
Page 120  
 
   
V. DRAFT MODALITIES FOR THE LIBERALIS ATION OF TARIFFS ON FISH AND 
FISH PRODUCTS
56 
1. Following the communications on 18 October 2005 (TN/MA/W/63), 22 May 2006 
(TN/MA/W/63/Add.1), 13 June 2007 (TN/ MA/W/63/Add.2) and 8 April 2008 
(TN/MA/W/63/Add.3), this document sets out the moda lity proposal for tariff elimination in the fish 
and fish products sectoral initiative.   2. In accordance with paragraph [12(a)] of  the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tariffs on fish and fish products identified in paragraph 
10 as part of a non-mandatory fish and fish products sectoral initiative. 
 
Procedure/Process 
 
3. Participants in the fish and fish products sectoral initiative are expected to fulfil the 
commitments described in these modalities if ‘criti cal mass’ is reached, that is, if WTO Members 
representing at least [90] per cent of world trade in fi sh and fish products have indicated their intent to 
participate.   4. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant shall record its commitments relating to fish and fish 
products on a conditional basis in c onformity with the modalities herein.
57 
 5. Participants should meet no later than one m onth after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
 
Principal Sectoral Modality 
 
6. Developed Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [1] rate reduc tion. The reduction will be implemented on 1 January of the year 
following entry into force of the DDA results [and each successive reduction shall be made effective 
on 1 January of each of the following years].
58 
 7. Developing Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [5] equal rate reductions. The reducti on will be implemented on 1 January of the year 
following entry into force of the DDA results a nd each successive reduction shall be made effective 
on 1 January of each of the following years. 
 
                                                     
 
56 Submitted by Canada; Hong Kong, China; Iceland; New Zealand; Norway; Oman; Singapore; 
Thailand and Uruguay (document JOB(08)/62). 
57 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. 
58 Participants recognise the challenges that may be f aced by non-reciprocal preference beneficiaries as 
a result of MFN liberalisation.  With respect to the fish and fish product tariff lines identified in Annex 2 of the 
NAMA modalities, the relevant preference-granting Member  may commence the implementation of this sectoral 
modality no later than 1 January of the year following full implementation of paragraph 28 of the general 
NAMA modality.  TN/MA/W/103/Rev.3/Add.1 
 Page 121 
 
 
  Special and Differential Treatment 
 
8. Developing Member participants may apply the following flexibility options with respect to 
paragraph 7: 
(i) Bind up to [15] percent of national fish and fish product tariff lines at [5] percent. 
 
(ii) Choose one 6-digit sub-heading to bind at not more than [10] percent. 
 9. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line. 
 
Product Coverage 
 
10. Without prejudice to the positions of co-sponsors,  a possible product coverage list is contained 
in the table below.  The ultimate decision on pro duct coverage rests with the participants in the 
agreement. 
 
 
HS 2002 Description 
03 Fish and crustaceans, molluscs and other aquatic invertebrates 
0509 Natural sponges of animal origin 
0511.91 Animal products; of fish or crustacean s, molluscs or other aquatic invertebrates and 
dead animals of chapter 3, unfit for human consumption 
1504.10 Fish-liver oils and their fractions 
1504.20 Fats and oils and their fractions, of fish, other than liver oils 
1603 ex Extracts and juices of fish or crustaceans, molluscs or other aquatic invertebrates 
1604 Prepared or preserved fish; caviar and cavi ar substitutes prepared from fish eggs 
1605 Crustaceans, molluscs and other aquatic invertebrates, prepared and preserved 
2301.20 Flours, meals and pellets, of fish or  crustaceans, molluscs or other aquatic 
invertebrates 
 TN/MA/W/103/Rev.3/Add.1 
Page 122  
 
  VI. DRAFT MODALITIES FOR THE LIBERA LISATION OF TARIFFS IN THE 
FOREST PRODUCTS SECTOR
59 
1. As proposed in the previous communi cations of 18 October 2005 (TN/MA/W/64), 
19 June 2006 (TN/MA/W/75) and 4 April 2008 (TN/MA /W/75/Add.1/Rev.1), tariff elimination in the 
forest products sector would produce substantial be nefits for both develope d and developing Members 
and is an important component of a successful outcome of the Doha Development Agenda.  
 2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or eliminat ion of tariffs on forest products id entified in paragraph 10 as part 
of a non-mandatory forest pr oducts sectoral initiative. 
 
Procedure/Process 
 
3. Participants in the forest pr oducts sectoral initiative are e xpected to fulfil the commitments 
described in these modalities if ‘critical mass’ is reached, that is, if WTO Members representing at least 
[90] per cent of world trade in forest products  have indicated their intent to participate. 
  4. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant sh all record its commitments relating to forest 
products on a conditional basis in c onformity with the modalities herein.
60 
 
5. Participants should meet no later than one month after the submission of comprehensive draft schedules to review the state of partic ipation and decide how to proceed.  
 
Principal Sectoral Modality
61 
 
6. Developed Member participants  will eliminate tariffs on the produc ts identified in paragraph 10 
on 1 January of the year following the entry into force of the DDA results.  7. Developing Member participants will eliminate tariffs on the products identified in paragraph 10 in [4] equal rate reductions. The firs t reduction will be implemented on 1 January of the 
year following entry into force of the DDA results and each successive reduction shall be made effective 
on 1 January of each of the following years. 
 
Special and Differential Treatment  
8. Developing Member participants may apply the following flexibility options with respect to 
paragraph 7:  
(i) Bind up to [4] percent of national forest product tariff lines at [4] percent, provided 
these lines do not exceed [4] percent of the to tal value of the Member’s forest product 
imports. 
 
                                                     
 
59 Submitted by Canada; Hong Kong, China; New Zealand; Singapore; Switzerland; Thailand and the 
United States (document JOB(08)/63). 
60 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. 
61 Modifications to the Principal Sectoral Modality  will be considered on a case-by-case basis and 
would need to be agreed by participating Members.  TN/MA/W/103/Rev.3/Add.1 
 Page 123 
 
 
  (ii) Extend the implementation period for ta riff reduction by up to an additional [3] 
annual rate reductions on up to [4] perc ent of national forest product tariff lines. 
  Both options may be used on an individual tariff line. 
 
9. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line.  
Product Coverage 
 
10. The forest products product coverage bu ilds upon the Uruguay Round pulp, paper and paper 
products sector by adding wood (HS 44) and products made of wood such as certain furniture items 
and pre-fabricated buildings (items in HS 94). Th e ultimate decision on product coverage rests with 
the participants in the agreement. 
 
HS 2002 Illustrative Description 
HS 44 Wood and articles of wood; wood charcoal 
HS 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and 
scrap) paper or paperboard 
HS 48 Paper and paperboard; articles of pa per pulp, of paper or of paperboard 
HS 49 Printed books, newspapers, pictures a nd other products of the printing 
industry; manuscripts, typescripts and plans 
HS 9401.61 Upholstered seats with wooden frames  
HS 9401.69 Other seats with wooden frames 
HS 9403.30 
 Wooden furniture of a kind used in offices 
HS 9403.40 Wooden furniture of a kind used in the kitchen 
HS 9403.50 Wooden furniture of a kind used in the bedroom 
HS 9403.60 Other wooden furniture 
HS 9403.80 Furniture of other materials includi ng cane, osier, bamboo or similar 
materials 
HS 9406 Prefabricated buildings 
 TN/MA/W/103/Rev.3/Add.1 
Page 124  
 
   
VII. DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE GEMS 
AND JEWELLERY SECTOR
62 
1. Following the communication on 20 September 2005 (TN/MA/W/61), 7 November 2005 
(TN/MA/W/61/Add.1), and 20 July 2006 (TN/MA/W/ 61/Add.2), this document sets out the modality 
proposal for tariff elimination in the gems and jewellery sector.  
 2. In accordance with paragraph [12(a)] of  the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tari ffs on gems and jewellery  products identified in 
paragraph 10 as part of a non-mandatory gems and jewellery sectoral initiative. 
 
Procedure/Process 
 
3. Participants in the gems and jewellery sectoral initiative are expected to fulfil the 
commitments described in these modalities if ‘criti cal mass’ is reached, that is, if WTO Members 
representing at least [90] per cent of world trade in gems and jewellery have indicated their intent to 
participate.  4. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant sha ll record its commitments relating to gems and 
jewellery on a conditional basis in conformity with the modalities herein.
63 
 5. Participants should meet no later than one month after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
 Principal Sectoral Modality
64 
 
6. Developed Member participants  will eliminate tariffs on the produc ts identified in paragraph 10 
in [1] rate reduction. The reducti on will be implemented on 1 January of the year following entry into 
force of the DDA results and each successive reduction shall be made effective on 1 January of each of the following years. 
 
7. Developing Member participants will el iminate tariffs on the products identified in 
paragraph 10 in [5] equal rate re ductions. The first reduction will be implemented on 1 January of the 
year following entry into force of the DDA resu lts and each successive reduction shall be made 
effective on 1 January of each of the following years.  Special and Differential Treatment  
8. Developing Member participants may apply one of the following flexibility options with 
respect to paragraph 7: 
 
                                                     
 
62 Submitted by Canada; the European Communities; Hong Kong, China; Japan; Norway; Singapore; 
Switzerland; the Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu; Thailand and the 
United States (document JOB(08)/64). 
63 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. 
64 Nothing in this sectoral initia tive prevents a participating Memb er from adopting or enforcing 
measures relating to importation or exportation of gold or silver in  accordance with Article XX of the 
GATT 1994.  TN/MA/W/103/Rev.3/Add.1 
 Page 125 
 
 
  (i) Bind up to [3] percent of national ge ms and jewellery product tariff lines at 
[3] percent, provided these lines do not exceed  [3] percent of the total value of the 
Member’s gems and je wellery product imports. 
 (ii) Extend the implementation period for ta riff reduction by up to an additional [2] 
annual rate reductions on up to [7] percen t of national gems and jewellery product 
tariff lines, provided these lines do not exceed [7] percent of the total value of the 
Member’s gems and je wellery product imports. 
 9. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line.  
Product Coverage 
 
10. Without prejudice to the positions of co-spons ors, the product coverage of the gems and 
jewellery sectoral initiative should cover articles under Chapter 71 of the Harmonized System.  A 
possible product coverage list is contained in the table below. The ultimate decision on product 
coverage rests with the participants in the agreement.  
HS 2002 Description 
710110 Natural Pearls, Not Mounted Or Set 
710121 Cultured Pearls, Unworked 
710122 Cultured Pearls, Worked, Not Set 
710210 Diamonds, Unsorted 
710221 Diamonds, Industrial, Unworked Or Simply Sawn, Cleaved Or Bruted 
710229 Diamonds, Industrial, Worked 
710231 Diamonds, Non-industrial, Unworked Or Simply Sawn, Cleaved Or Bruted 
710239 Diamonds, Non-industrial, Worked, Including Polished Or Drilled 
710310 Precious Stones (Other Than Diamonds) And Semiprecious Stones, Unworked Or 
Simply Sawn Or Roughly Shaped 
710391 Rubies, Sapphires And Emeralds, Otherwise Worked 
710399 Semiprecious Stones, Otherwise Worked 
710410 Piezo-Electric Quartz, Not Mounted Or Set 
710420 Synthetic Or Reconstruc ted Gemstones, Unworked Or Simply Sawn Or Roughly 
Shaped 
710490 Synthetic Or Reconstructed Precious Or Semiprecious Stones Nesoi, Otherwise 
Worked 
710510 Diamond Dust And Powder, Natural And Synthetic 
710590 Dust And Powder Of Natural Or Synthetic Precious (Except Diamond) Or 
Semiprecious Stones 
710610 Silver Powder 
710691 Silver, Unwrought Nesoi (Other Than Powder) 
710692 Silver, Semi-manufactured 
710700 Base Metals Clad With Silver, Not Fu rther Worked Than Semi-manufactured 
710811 Gold, Nonmonetary, Powder 
710812 Gold, Nonmonetary, Unwrought Nesoi (Other Than Powder) 
710813 Gold, Nonmonetary, Semi-manufactured Forms Nesoi (Other Than Powder) 
710820 Monetary Gold 
710900 Base Metals Or Silver, Clad With Gold, Not Further Worked Than Semi-
manufactured TN/MA/W/103/Rev.3/Add.1 
Page 126  
 
  HS 2002 Description 
711011 Platinum, Unwrought Or In Powder Form 
711019 Platinum Metal, Semi-manufactured 
711021 Palladium, Unwrought Or In Powder Form 
711029 Palladium, Semi-manufactured 
711031 Rhodium, Unwrought Or In Powder Form 
711039 Rhodium, Semi-manufactured 
711041 Iridium, Osmium And Ruthenium, Unwrought Or In Powder Form 
711049 Iridium, Osmium And Ruthenium, Semi-manufactured 
711100 Base Metals, Silver Or Gold, Clad With  Platinum, Not Further Worked Than Semi-
manufactured 
711230 Ash Containing Precious Metals  Or Precious Metal Compounds 
711291 Waste And Scrap Of Gold, Including Me tal Clad With Gold But Excluding 
Sweepings Containing Other Precious Metals 
711292 Waste And Scrap Of Platinum, Including Metal Clad With Platinum But Excluding 
Sweepings Containing Other Precious Metals 
711299 Waste And Scrap Of Precious Metal, Nesoi 
711311 Jewelry And Parts Thereof, Of Silver 
711319 Jewelry And Parts Thereof, Of Precious Metal Other Than Silver 
711320 Jewelry And Parts Thereof, Of Base Metal Clad With Precious Metal 
711411 Articles Of Silver (Other Than Jewelry), Whether Or Not Plated Or Clad With Other 
Precious Metal 
711419 Articles Of Gold Or Platinum (Other Than Jewelry), Whether Or Not Plated Or Clad 
With Other Precious Metal 
711420 Articles Of Goldsmiths' Or Silversmiths' Wares (Other Than Jewelry) And Parts 
Thereof, Of Base Metal Clad With Precious Metal 
711510 Catalysts, Platinum, In The Form Of Wire Cloth Or Grill 
711590 Articles Nesoi, Of Precious Metal Or Of Metal Clad With Precious Metal 
711610 Articles Of Natural Or Cultured Pearls 
711620 Articles Of Precious Or Semiprecious Stones (Natural, Synthetic Or Reconstructed) 
711711 Cuff Links And Studs Of Base Metal, Whether Or Not Plated With Precious Metal 
711719 Imitation Jewelry Nesoi, Of Base Metal, Whether Or Not Plated With Precious Metal 
711790 Imitation Jewelry Nesoi (Not Of Base Metal) 
711810 Coin (Other Than Gold Coin), Not Being Legal Tender 
711890 Coin, Nesoi 
  TN/MA/W/103/Rev.3/Add.1 
 Page 127 
 
 
  VIII.  DRAFT MODALITIES FOR THE LIBERALIZ ATION OF TARIFFS IN THE HAND 
TOOLS SECTOR65 
1. As proposed in the previous communications  of 21 April 2006 (ref. JOB(06)/98), tariff 
elimination in the hand tools sector would help to  create greater economic value and lower production 
costs for this industry, present customers with a wider and more affordable choice of products, and 
bring about considerable benefits for developing  countries and for WTO Members in general.  
2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tariffs on hand tools products iden tified in paragraph 10 
as part of a non-mandatory hand tools sectoral initiative. 
Procedure/Process 
 
3. Participants in the hand tools sectoral initia tive are expected to fulfil the commitments 
described in these modalities if ‘critical mass’ is re ached, that is, if WTO Members representing at 
least [90] percent of world trade in Hand tools have indicated their intent to participate. 
4. Members are encouraged to notify proponents a nd the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant shall record its commitments relating to Hand tools on 
a conditional basis in conformity with the modalities herein.66 
5. Participants should meet no later than one mont h after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
Principal Sectoral Modality 
 6. Participants will eliminate tariffs on the products  identified in paragra ph 10 in [5] equal rate 
reductions or the final implementa tion period for general tariff reducti ons by formula, whichever is 
the shorter.  
7. The reduction will be implemented on 1 January of  the year following entry into force of the 
DDA results and each successive reduction shall be made effective on 1 January of each of the 
following years. 
Special and Differential Treatment 
 
8. Developing Member participants may apply one of the following flexibility options with 
respect to paragraph 7: 
(i) Bind up to [5] percent of national hand tools product tariff lines at [5] percent, 
provided these lines do not exceed [5] percent of the total value of the Member’s 
Hand tools product imports. 
(ii) Extend the implementation period for tariff reduction by up to an additional [2] 
annual rate reductions on up to [10] percen t of national hand tools product tariff lines, 
                                                     
 
65 Submitted by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (document 
JOB(08)/74). 
66 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. TN/MA/W/103/Rev.3/Add.1 
Page 128  
 
  provided these lines do not exceed [10] percent of the total value of the Member’s 
Hand tools product imports. 
(iii) Another possible flexibility opti on could be further discussed while the participants in 
the agreement will ultimately decide all elem ents of special and differential treatment. 
 Only one flexibility option may be used on an individual tariff line 
 
9. In any year in which an affected tariff woul d be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line. 
Product Coverage 
 10. Without prejudice to the positions of co-sponsor s, the product coverage of the hand tools 
sectoral initiative should cover articles contained in the table below. The ultimate decision on product 
coverage rests with the participants in the agreement. 
 
HS Code – 6 Digits Description 
8201.10 Spades and shovels 
8201.20 Forks 
8201.30 Mattocks, picks, hoes and rakes 
8201.40 Axes, bill hooks and similar hewing tools 
8201.50 Secateurs and similar one-hand ed pr uners and shears (including poultry 
shears) 
8201.60 Hedge shears, two-hand ed pruning shears and similar two-hand ed shears 
8201.90 Other hand  tools of a kind used in agriculture, horticulture or forestry 
8202.10 Hand  saws 
8202.20 Band saw blades 
8202.31 With working part of steel 
8202.39 Other, including parts 
8202.40 Chain saw blades 
8202.91 Straight saw blades, for working metal 
8202.99 Other 
8203.10 Files, rasps and similar tools 
8203.20 Pliers (including cutting pliers),  pincers, tweezers and similar tools 
8203.30 Metal cutting shears and similar tools 
8203.40 Pipe-cutters, bolt croppers, pe rforating punches and similar tools 
8204.11 Non-adjustable 
8204.12 Adjustable 
8204.20 Interchangeable spanner sock ets, with or without hand les 
8205.10 Drilling, threading or tapping tools 
8205.20 Hammers and sledge hammers 
8205.30 Planes, chisels, gouges and sim ilar cutting tools for working wood 
8205.40 Screwdrivers 
8205.51 Household tools 
8205.59 Other 
8205.60 Blow lamps 
8205.70 Vices, clamps and the like  TN/MA/W/103/Rev.3/Add.1 
 Page 129 
 
 
  HS Code – 6 Digits Description 
8205.80 Anvils; portable forges; hand - or pe dal-operated grinding wheels with 
frameworks 
8205.90 Sets of articles of two or more of the foregoing subheadings 
8206.00 Tools of two or more of the headings Nos.82.02 to 82.05, put up in sets for 
retail sale 
 
 TN/MA/W/103/Rev.3/Add.1 
Page 130  
 
  IX. DRAFT MODALITIES FOR OPEN ACCESS TO ENHANCED HEALTHCARE
67 
1. As proposed in the previous communications of 24 February 2006 (ref. JOB(06)/35) and of 
27 February 2007 (ref. JOB(07)/23),  high tariffs on healthcare products impede access to quality 
health care, especially in developing countries, wh ich have the lowest life expectancy and highest 
disease burden. Therefore, all WTO Members, including LDCs, are encouraged to evaluate the 
benefits of participating in this healthcare sector al to ensure that they  gain access to affordable 
medicines, medical products and lower cost healthcare for their populations. 
 2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out modalities for the reduction or elimination of tari ffs on enhanced healthcare goods identified in 
paragraph 11 as part of a non-mandatory enhanced healthcare sectoral initiative. 
 3. Addressing non-tariff barriers (NTBs) that limit access to pharmaceuticals and medical devices is particularly important because NTBs ca n undermine tariff liberalization.  In the WTO 
Agreement on Technical Barriers to Trade (TBT Ag reement), Members recognized the need for the 
protection of human life and health.  With a view to facilitating the delivery of medicines and medical 
devices especially to critical patient populations, Memb ers shall ensure that any standards, technical 
regulations and conformity assessment procedures ar e prepared, adopted, and applied in compliance 
with the TBT Agreement.  Members should also k eep in mind other discussions relating to NTBs that 
may impact this sector, such as non-tariff barriers to trade in remanufactured equipment and plasma protein therapeutics. 
 
Procedures/Process 
4. Participants in the enhanced healthcare sectoral  initiative are expected to fulfil the commitments 
described in these modalities if 'critical mass' is reached.  Criti cal mass will be reached if WTO 
Members representing at least [90] percent of world trade in enhanced healthcare goods have 
indicated their intent to participate.    
 5. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
no later than two months after the establishment of NAMA modalities. When submitting their initial 
draft tariff schedule each participant shall record its commitments on a conditional basis relating to 
enhanced healthcare in conformity with the modalities herein.
68 
 
6. Participants should meet no later than one month after the submission of draft schedules to 
review the state of participati on and decide how to proceed.   
 
Principal Sectoral Modality 
7. Developed Member participants will el iminate tariffs on the products identified in 
paragraph 11 on 1 January of the year following the entry into force of the DDA result.  8. Developing Member participants will el iminate tariffs on the products identified in 
paragraph 11 in the following two-step process:   
(i) In three equal rate reductions, they w ill reduce tariffs to [4] per cent. The first 
reduction will be implemented on 1 January of the year following entry into force of 
                                                     
 
67 Submitted by Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu and the United States 
68 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat.  TN/MA/W/103/Rev.3/Add.1 
 Page 131 
 
 
  the DDA results and each successive reduction shall be made effective on 1 January 
of each of the following years. 
 (ii) After the reduction in paragraph 7(i) is implemented, developing  participants will 
reduce tariffs to zero within [5] equal annual rate reductions.    
 
Special and Differential Treatment   
9. Developing Member participants may apply the following flexibilities with respect to 
paragraph 8:  
(i) Extend the implementation period for tari ff reductions by up to an additional seven 
annual rate reductions on up to [4] percen t of the tariff lines in paragraph 11.   
 (ii) Least-developed country (LDCs) Members may choose to reduce tariffs on products 
in paragraph 11 to 4 percent in three equal rate reductions and retain them at that 
level.  They are encouraged to cons ider further reductions, including tariff 
elimination, where possible.   
 
10. In any year in which an affected tariff w ould be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line.  
 
Product Coverage  
11. A possible product coverage list is containe d below.  The ultimate decision on product 
coverage rests with the participants in the agreement.  
HS4 Description  
ex.2844 Radioactive elements and isotopes and compounds 
2936 Provitamins & vitamins, natural or re produced by synthesis (including natural 
concentrates) 
2937 Hormones, prostalgins, thromboxanes & leukotrienes, natural or reproduced by 
synthesis 
2939 Vegetable alkaloids, natural or reproduced by synthesis, & their salts, ethers, esters 
& other derivatives 
2941 Antibiotics 
3001 Glands & other organs for organotherapeutic uses, dried, whether or not powdered 
3002 Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic 
uses 
3003 Medicaments (excl goods of 3002, 3005 or 3006) consisting of 2 or more mixed for 
therapeutic or prophylactic uses 
3004 Medicaments (excl goods 3002, 3005, 3006)  consisting of mixed/unmixed products 
therapeutic or prophylactic uses, measured doses 
3005 Wadding, gauze, bandages etc for retail sale for medical, surgical, dental or 
veterinary purposes 
3006 Pharmaceutical goods specified in note 4 to this chapter 
3822 Diagnostic or Laboratory reagents 
ex.3926 Surgical and medical plastic gloves 
ex.4015 Surgical and medical rubber gloves 
ex.6304 Bednets, treated or untreated, wherever classified TN/MA/W/103/Rev.3/Add.1 
Page 132  
 
  HS4 Description  
ex.8419 Medical, surgical or laboratory sterilizers and equipment 
ex.8543 Machinery used for nerve stimulation 
8713 Motorized and non-motorized wheelchairs 
ex.8714 Wheelchair parts 
9018 Medical/Surgical instruments and appliances  
9019 Therapy appliances; massage apparatus; ar tificial respiration or other therapeutic 
respiration apparatus, parts and accessories 
9021 Orthopaedic appliances, splints, artificial parts of the body; hearing aids; parts and 
accessories; 
ex.9022 X-ray equipment 
ex.9025 Parts of clinical or veterinary thermometers 
9402 Medical, surgical, dental or veterinary furniture 
 
  TN/MA/W/103/Rev.3/Add.1 
 Page 133 
 
 
  X. DRAFT MODALITIES FOR THE LIBERA LISATION OF TARIFFS IN THE 
INDUSTRIAL MACHINERY SECTOR69 
1. International trade in industrial machinery has become increasingly intensive and can be 
linked to the ever-growing globalization of production and supply chains, the increase in vertical specialization, and intra-industry trade between Members. The importance of trade in industrial 
machinery to developing Members is significant and growing.  Increasing export opportunities for 
developing Members through tariff eliminati on can decrease reliance on resource-based and low 
technology intensive goods. Elimina ting tariffs on industrial machinery also facilitates the import of 
productivity-enhancing new capital goods to the benefit of the importing Member. 
 
2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tari ffs on industrial machinery,  equipment and related 
parts identified in paragraph 10 as part of a non-m andatory industrial machinery sectoral initiative. 
 
Procedure/Process 
 
3. Participants in the industrial machinery sectoral  initiative are expected to fulfil the commitments 
described in these modalities if "c ritical mass" is reached, that is, if  WTO Members repr esenting at least 
[90] per cent of world trade in industrial machin ery have indicated their intent to participate. 
  4. Members are encouraged to notify proponents and the WTO Secretariat of their participation no 
later than two months after the establishment of NAMA modalities. When submitting its comprehensive 
draft schedule, each participant shall record it s commitments relating to industrial machinery on a 
conditional basis in conformity  with the modalities herein.
70 
 5. Participants should meet no later than one month after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
 
Principal Sectoral Modality 
 
6. Developed Member participants  will eliminate tariffs on the produc ts identified in paragraph 10 
in [4] equal rate reductions. The first reduction will be implemente d on 1 January of the year following 
entry into force of the DDA results and each succes sive reduction shall be ma de effective on 1 January 
of each of the following years.  7. Developing Member participants will eliminate tariffs on the products identified in paragraph 10 in [7] equal rate reductions. The firs t reduction will be implemented on 1 January of the 
year following entry into force of the DDA results and each successive reduction shall be made effective 
on 1 January of each of the following years. 
 
Special and Differential Treatment  
8. Developing Member participants may apply the following flexibility options with respect to 
paragraph 7: 
 
                                                     
 
69 Submitted by Canada; the European Communities; Japan; Norway; Singapore; Switzerland; the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and the United States (document 
JOB(08)/60). 
70 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. TN/MA/W/103/Rev.3/Add.1 
Page 134  
 
   (i) Bind up to [4] percent of national industrial machinery tariff lines at [5] 
percent, provided these lines do not exceed [4] percent of the total value of the 
Member’s industrial machinery imports. 
 
(ii) Extend the implementation period for ta riff reduction by up to an additional [2] 
annual rate reductions on up to [5] percen t of national industrial machinery tariff 
lines. 
  Only one of the options may be used on an individual tariff line.  
9. In any year in which an affected tariff woul d be reduced further by commitments resulting from 
the agreed NAMA modalities than by these sectoral mo dalities, the lower of the resulting tariffs will be 
applied to the affected tariff line.  
Product Coverage 
 
10. Without prejudice to the positions of co-sponsors,  a possible product coverage list is contained 
in the table below. The ultimate decision on product coverage rest s with the participants in the 
agreement.  
HS 2002 Illustrative Description 
8208 Knives and cutting blades, for machin es or for mechanical appliances. 
8402 Steam or other vapour generating boilers (oth er than central heating hot water boilers 
capable also of producing low pressure steam); super-heated water boilers. 
8403 Central heating boilers other than those of heading 84.02. 
8404 Auxiliary plant for use with boilers of heading 84.02 or 84.03 (for example, 
economizers, super-heaters, s oot removers, gas recoverers); condensers for steam or 
other vapour power units. 
8405 Producer gas or water gas generators, with or without their purifiers; acetylene gas 
generators and similar water process gas gene rators, with or without their purifiers. 
840681 Turbines, Steam & Other Vapor,Over 40 Mw,N.E.S.O.I 
840682 Turbines, Steam And Vapor,Not Over 40 Mw,N.E.S.O.I 
840690 Parts For Steam And Other Vapor Turbines 
840790 Spark-Igntn Rcprctng/Rotary Int Combstn Eng, Nesoi 
840890 Compression-Igntn Int Co mbustion Piston Eng, Nesoi 
8410 Hydraulic turbines, water wheels, and regulators therefor. 
841181 Gas Turbines Of A Power Not Exceeding 5,000 Kw 
841182 Gas Turbines Of A Power Exceeding 5,000 Kw 
841199 Gas Turbine Parts Nesoi 
8412 Other engines and motors. 
841311 Pumps For Dispensing Fuel Or Lubricants,Garage Use 
841319 Pumps Fitted With Measuring Device, Nesoi 
841320 Hand Pumps,Exc Pumps Fitted With Measuring Devices 
841340 Concrete Pumps 
841350 Reciprocating Positive Displacement Pumps, Nesoi 
841360 Rotary Positive Displacement Pumps, Nesoi 
841370 Centrifugal Pumps, Nesoi 
841381 Pumps For Liquids, Nesoi 
841382 Liquid Elevators 
841391 Parts Of Pumps For Liquids 
841392 Parts Of Liquid Elevators  TN/MA/W/103/Rev.3/Add.1 
 Page 135 
 
 
  HS 2002 Illustrative Description 
8414 Air or vacuum pumps, air or other gas co mpressors and fans; ve ntilating or recycling 
hoods incorporating a fan, whethe r or not fitted with filters. 
841581 Air Conditioning Mach Etc Incl Refrig Unit Etc 
841582 Air Conditioning Mach Etc Incorp Refrig Unit Nesoi 
841583 Air Conditioning Machines Etc Not Incl Refrig Unit 
841590 Parts, Nesoi, Of Air Conditioning Machines 
8416 Furnace burners for liquid fuel, for pulverized solid fuel or for gas; mechanical stokers, 
including their mechanical grates, mechani cal ash dischargers and similar appliances. 
8417 Industrial or laboratory furnaces and ovens , including incinerators, non-electric. 
841810 Combined Refrigerator-Freezers W Separate Doors 
841830 Freezers, Chest Type, Capacity Not Exc 800 Liters 
841840 Freezers, Upright, Capacity Not Exc 900 Liters 
841850 Refrigerating/Freezing Display Counters Etc 
841861 Compres Type Heat Pump Unit W Heat Ex Nesoi 
841869 Refrigerating/Freezing Equipment, Nesoi 
841899 Refrigerator Freezer And Heat Pump Parts Nesoi 
841911 Instantaneous Gas Water Heaters 
841919 Instant/Storage Water Heatrs Ex Instant Gas Wtr Ne 
841931 Dryers For Agricultural Products 
841932 Dryers For Wood, Paper Pulp, Paper Or Paperboard 
841939 Dryers, Nesoi 
841940 Distilling Or Rectifying Plant 
841950 Heat Exchange Units, Industrial Type 
841960 Machinery For Liquefying Air Or Gas 
841981 Machinery Etc For Making Hot Drinks Cooking Heatng 
841989 Machine Etc For Mat'L Treatment By Temp Cont Nesoi 
841990 Parts For Machinery Plant Or Lab Equipment Etc 
8420 Calendering or other rolling machines, other than for metals or glass, and cylinders 
therefor. 
8421 Centrifuges, including centrifugal dryers; filtering or purifying machinery and 
apparatus, for liquids or gases. 
842219 Dishwashing Machines, Except Household Type 
842220 Mach For Clean Or Dry Bottles Or Other Containers 
842230 Machinery For Filling, Closing Bottles, Etc 
842240 Packing Or Wrapping Machinery, Nesoi 
842290 Parts For Machines For Dishwashing, Packing, Etc 
842320 Scales Fr Continuous Weighing Of Goods On Conveyor 
842330 Const-Weight Scales & Dischrging Predet Wghts In Bag 
842381 Weigh Machy, Nesoi, Capacity <30 Kg 
842382 Weigh Mach, Nesoi, Capacity >30Kg But =<5000 Kg 
842389 Weighing Machinery, Nesoi, Capacity >5000 Kg 
842390 Weighing Machine Weights & Pts Of Weighing Machine 
8424 Mechanical appliances (whether or not hand-operated) for projecting, dispersing or 
spraying liquids or powders; fire extinguisher s, whether or not charged; spray guns and 
similar appliances; steam or sand blasting machines and similar jet projecting 
machines. 
8425 Pulley tackle and hoists other than skip hoists; winches and capstans; jacks. 
8426 Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers 
and works trucks fitted with a crane. TN/MA/W/103/Rev.3/Add.1 
Page 136  
 
  HS 2002 Illustrative Description 
8427 Fork-lift trucks; other works trucks f itted with lifting or handling equipment. 
8428 Other lifting, handling, load ing or unloading machinery (for example, lifts, escalators, 
conveyors, teleferics). 
8429 Self-propelled bulldozers, angledozers, grader s, levellers, scrapers,  mechanical shovels, 
excavators, shovel loaders, tamp ing machines and road rollers. 
8430 Other moving, grading, levelling, scraping, excavating, tamping, compacting, 
extracting or boring machinery, for earth, mi nerals or ores; pile-drivers and pile-
extractors; snow-ploughs and snow-blowers. 
8431 Parts suitable for use solely or principally with the machinery of headings 84.25 to 
84.30. 
8432 Agricultural, horticultural or forestry mach inery for soil preparation or cultivation; 
lawn or sports-ground rollers. 
8433 Harvesting or threshing machinery, includi ng straw or fodder balers; grass or hay 
mowers; machines for cleaning, sorting or grading eggs, fruit or other agricultural 
produce, other than machinery of heading 84.37. 
8434 Milking machines and dairy machinery. 
8435 Presses, crushers and similar machinery used in the manufacture of wine, cider, fruit 
juices or similar beverages. 
8436 Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, 
including germination plant fitted with mechanical or thermal equipment; poultry 
incubators and brooders. 
8437 Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables; 
machinery used in the milling industry or for the working of cereals or dried 
leguminous vegetables, other than farm-type machinery. 
8438 Machinery, not specified or included elsew here in this Chapter, for the industrial 
preparation or manufacture of food or drink,  other than machinery for the extraction or 
preparation of animal or fi xed vegetable fats or oils. 
8439 Machinery for making pulp of fibrous cellulosic material or for making or finishing 
paper or paperboard. 
8440 Book-binding machinery, including book-sewing machines. 
8441 Other machinery for making up paper pulp,  paper or paperboard, including cutting 
machines of all kinds. 
8442 Machinery, apparatus and equipment (other than the machine-tools of headings 84.56 
to 84.65) for preparing or making plates, cyli nders or other printing components; plates 
cylinders and other printing components; plates, cylinders and lithographic stones, prepared for printing purposes (for exam ple, planed, grained or polished). 
8443 Printing machinery used for printing by means of plates, cylinders and other printing 
components of heading 84.42; other printers, copying machines and facsimile 
machines, whether or not combined; parts and accessories thereof. 
8444 Machines for extruding, drawing, texturi ng or cutting man-made textile materials. 
8445 Machines for preparing textile fibres; sp inning, doubling or twisting machines and 
other machinery for producing textile yarns; textile reeling or winding (including weft-
winding) machines and machines for preparing textile yarns for use on the machines of 
heading 84.46 or 84.47. 
8446 Weaving machines (looms). 
8447 Knitting machines, stitch-bonding machines and machines for making gimped yarn, 
tulle, lace, embroidery, trimmings, braid or net and machines for tufting. 
8448 Auxiliary machinery for use with machin es of heading 84.44, 84.45, 84.46 or 84.47 
(for example, dobbies, Jacquards, automatic stop motions, shuttle changing mechanisms); parts and accessories suitable fo r use solely or principally with the  TN/MA/W/103/Rev.3/Add.1 
 Page 137 
 
 
  HS 2002 Illustrative Description 
machines of this heading or of heading 84.44, 84.45, 84.46 or 84.47 (for example, 
spindles and spindle flyers, card clothing, co mbs, extruding nipples, shuttles, healds 
and heald-frames, hosiery needles). 
8449 Mach F Manuf Or Finish Nonwovens;Hat Blocks; Parts 
845020 Washing Machines With Dry Linen Capacity Of 10 Kg 
845090 Pts Of Household Or Lndry-Typ Wash Mac Inc Wash/Dry 
845110 Dry-cleaning machines 
845129 Drying Machines With Dry Linen Capacity Over 10 Kg 
845130 Ironing Mach And Presses (Includ Fusing Presses) 
845140 Washing, Bleaching Or Dyeing Machines 
845150 Mach For Reel,Unreel,Folding,Cut Or Pink Text Fab 
845180 Machinery For Textile Finish Etc & Pasting Fabric 
845190 Pts For Wash/Clean, Pasting Floor Covers Etc 
845221 Sew Mach, Exc Household Type, Automatic Units 
845229 Sewing Mach, Except Household & Automatic Type 
845230 Sewing Machine Needles 
845240 Furniture, Bases & Covers For Sewing Mach & Parts 
845290 Parts For Sewing Machines, Nesoi 
8453 Machinery for preparing, tanning or working hides, skins or leather or for making or 
repairing footwear or other articles of hi des, skins or leather, other than sewing 
machines. 
8454 Converters, ladles, ingot moulds and casting machines, of a kind used in metallurgy or 
in metal foundries. 
8455 Metal-rolling mills and rolls therefor. 
8456 Machine-tools for working any material by removal of material, by laser or other light 
or photon beam, ultrasonic, electro-dischar ge, electro-chemical, electron beam, ionic-
beam or plasma arc processes. 
8457 Machining centres, unit construction machines (single station) and multi-station 
transfer machines, for working metal. 
8458 Lathes (including turning centres) for removing metal. 
8459 Machine-tools (including way-type unit head machines) for drilling, boring, milling, 
threading or tapping by removing metal, other than lathes (including turning centres) of 
heading 84.58. 
8460 Machine-tools for deburring, sharpening, grinding, honing, lapping, polishing or 
otherwise finishing metal, or cermets by means of grinding stones, abrasives or 
polishing products, other than gear cutting, gear grinding or gear finishing machines of 
heading 84.61. 
8461 Machine-tools for planning, shaping, slotting, broaching, gear cutting, gear grinding or 
gear finishing, sawing, cutting-off and other machine-tools working by removing metal, or cermets, not elsewhere specified or included. 
8462 Machine-tools (including presses) for working metal by forging, hammering or die-
stamping; machine-tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punchi ng or notching; presses for working metal or 
metal carbides, not specified above. 
8463 Other machine-tools for working metal or cermets, without removing material. 
8464 Machine-tools for working stone, ceramics, concrete, asbestos-cement or like mineral 
materials or for cold working glass. 
8465 Machine-tools (including machines for nailing, stapling, glueing or otherwise 
assembling) for working wood, cork, bone, hard  rubber, hard plastics or similar hard 
materials. TN/MA/W/103/Rev.3/Add.1 
Page 138  
 
  HS 2002 Illustrative Description 
8466 Parts and accessories suitable for use solely  or principally with the machines of 
headings 84.56 to 84.65, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine-tools; tool holders for any type of tool for working in the hand. 
8467 Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or 
non-electric motor. 
8468 Machinery and apparatus for soldering, brazing or welding, whether or not capable of 
cutting, other than those of heading 85.15;  gas-operated surface tempering machines 
and appliances. 
8474 Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or 
kneading earth, stone, ores or other mineral s ubstances, in solid (including powder or 
paste) form; machinery for agglomerating, shaping or moulding solid mineral fuels, 
ceramic paste, unhardened ceme nts, plastering materials or  other mineral products in 
powder or paste form; machines for forming foundry moulds of sand. 
8475 Machines for assembling electric or electronic la mps, tubes or valves or flash-bulbs, in 
glass envelopes; machines for manufacturing or hot working glass or glassware. 
8476 Automatic goods-vending machines (for exam ple, postage stamp, cigarette, food or 
beverage machines), including money-changing machines. 
8477 Machinery for working rubber or plastics or for the manufacture of products from these 
materials, not specified or included elsewhere in this Chapter. 
8478 Machinery for preparing or making up tobacco , not specified or included elsewhere in 
this Chapter. 
8479 Machines and mechanical appliances having individual functions, not specified or 
included elsewhere in this Chapter. 
8480 Moulding boxes for metal foundry; mould b ases; moulding patterns; moulds for metal 
(other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics. 
8481 Taps, cocks, valves and similar appliances fo r pipes, boiler shells, tanks, vats or the 
like, including pressure-reducing valves a nd thermostatically controlled valves. 
848590 Other 
  TN/MA/W/103/Rev.3/Add.1 
 Page 139 
 
 
  XI. DRAFT MODALITIES FOR THE SECTORAL TARIFF ELIMINATION IN THE 
RAW MATERIAL SECTOR71 
1. As proposed in the previous communica tion of 3 May 2007 (TN/MA/W37/Add.4/Rev1), 
tariff elimination in the raw materials sector is an  important component of a successful outcome of the 
Doha Development Agenda, especia lly considering paragraph 16 of the Mandate.  Raw materials are 
the fuel of the world economy.  Their liberalisation would contribute in many key areas to achieving a 
fair level playing field and to widening the ra nge of competitively priced products.  This would 
encourage competition, innovation, investment (notab ly in downstream transformation), price stability 
and predictability (or at least reduction in speculativ e price volatility), all this  promoting healthier and 
more transparent markets, as well as jobs growth.  It would be equally bene ficial to developed and 
developing countries. 
 
2. In accordance with paragraph [12(a)] of  the NAMA modalities, this document sets out 
modalities for the [reduction or] elimination of tariff s on raw materials identified in the list in annex 
("Indicative product coverage for raw materials" ) as one of the non-mandatory sectoral initiatives. 
 
Procedure/Process 
 
3. Participants in the raw materials sectoral initiative are expected to fulfil the commitments 
described in these modalities if "critical mass" is reached, that is, if WTO Members representing 
[90] per cent of global trade in raw materials have indicated their intent to participate.  
 
4. Members are encouraged to notify proponents and the WTO Secretariat of their participation 
in the raw materials sectoral initiative no later th an two months after the establishment of NAMA 
modalities. When submitting its comprehensive dr aft schedule, each Member that notified its 
participation ("participants") shall have its comm itments relating to raw materials incorporated on a 
conditional basis in conformity with the modalities therein. 
 5. Participants should meet no later than one m onth after the submission of comprehensive draft 
schedules to review the state of par ticipation and decide how to proceed. 
 
Principal Sectoral Modality 
 6.  Participants will eliminate tariffs on the produc ts identified in the list annexed ("indicative 
product coverage for raw materials") [immediately  at the entry into force of the DDA results]. 
 
Special and Differential Treatment 
 
7. [Developing Member participants may apply flexibility options].  
 
Product Coverage 
 
9. A possible product coverage list is contained in  the attached annex. The ultimate decision on 
product coverage rests with the participants in the agreement. 
 
                                                     
 
71 Submitted by the United Arab Emirates (TN/MA/W/37/Add.5). TN/MA/W/103/Rev.3/Add.1 
Page 140  
 
  Annex 1
 
 
Indicative product coverage for raw materials  
 
HS 2002 POSSIBLE TARIFF LINES FOR INCLUSION  
2501 SALT (INCLUDING TABLE SALT AND DENATURED SALT) AND PURE SODIUM 
CHLORIDE, WHETHER OR NOT IN AQUEOUS SOLUTION OR CONTAINING ADDED ANTI-CAKING OR FREE-FLOWING AGENTS; SEA WATER. 
2505 NATURAL SANDS OF ALL KINDS, WHETHER OR NOT COLOURED, OTHER THAN 
METAL BEARING SANDS OF CHAPTER 26. 
2515 MARBLE, TRAVERTINE, ECAUSSINE AND OTHER CALCAREOUS MONUMENTAL 
OR BUILDING STONE OF AN APPARENT SPECIFIC GRAVITY OF 2.5 OR MORE, AND ALABASTER, WHETHER OR NOT ROUGHLY TRIMMED OF MERELY CUT, BY 
SAWING OR OTHERWISE, INTO BLOCKS OF SLABS OF A RECTANGULAR SHAPE.  
2516 GRANITE PORPHYRY, BASALT, SANDSTONE AND OTHER MONUMENTAL OR 
BUILDING STONE, WHETHER OF NOT ROUGHLY TRIMMED OR MERELY CUT, BY SAWING OR OTHERWISE, INTO BLOCKS OR SABLS OF A RECTANGULAR 
(INCLUDING SQUARE) SHAPE 
2519 NATURAL MAGNESIUM CARBONATE (MAGNESITE); FUSED MAGNESIA; DEAD-
BURNED (SINTERED) MAGNESIA, WH ETHER OF NOT CONTAINING SMALL 
QUANTITIES OF OTHER OXIDES ADDED BEFORE SINTERING; OTHER 
MAGNESIUM OXIDE, WHETHER OR NOT PURE. 
2520 GYPSUM; ANHYDRITE; PLASTERS (CONSISTING OF CALCINED GYPSUM OR 
CALCIUM SULPHATE) WHETHER OR NOT COLOURED, WITH OR WITHOUT SMALL 
QUANTITIES OF ACCELERATORS OR RETARDERS. 
2523 PORTLAND CEMENT, ALUMINOUS CEMENT, SLAG CEMENT, SUPERSULPHATE 
CEMENT AND SIMILAR HYDRAULIC CEMENTS, WHETHER OR NOT COLOURED OR IN THE FORM OF CLINKERS.  
2530 MINERAL SUBSTANCES NOT ELSEWHERE SPECIFIED OR INCLUDED 
2601 IRON ORES AND CONCENTRATES, INCLUDING ROASTED IRON PYRITES: 
2601.11  -- Non-agglomerated 
2601.12  -- Agglomerated 
2602.00 MANGANESE ORES AND CONCENTRATES, INCLUDING FERRUGINOUS 
MANGANESE ORES AND CONCENTRATES WITH A MANGANESE CONTENT OF 
20% OR MORE, CALCULATED ON THE DRY WEIGHT.  
2603.00 COPPER ORES AND CONCENTRATES  
2604.00 NICKEL ORES AND CONCENTRATES 
2605.00 COBALT ORES AND CONCENTRATES 
2606.00 ALUMINIUM ORES AND CONCENTRATES 
2607.00 LEAD ORES AND CONCENTRATES 
2608.00 ZINC ORES AND CONCENTRATES 
2609.00 TIN ORES AND CONCENTRATES 
2610.00 CHROMIUM ORES AND CONCENTRATES 
2611.00 TUNGSTEN ORES AND CONCENTRATES 
2612.00 URANIUM OR THORIUM ORES AND CONCENTRATES 
2614.00 TITANIUM ORES AND CONCENTRATES 
2615.00 NIOBIUM, TANTALUM, VANADIUM OR ZIRCONIUM ORES AND CONCENTRATES 
2616.00 PRECIOUS METAL ORES AND CONCENTRATES 
2620.00 ASH AND RESIDUES (OTHER THAN FROM THE MANUFACTURE OF IRON OR 
STEEL), CONTAINING ARSENIC,  METALS OR THEIR COMPOUNDS 
2701 COAL; BRIQUETTES, OVOIDS AND SIMILAR SOLID FUELS MANUFACTURED 
FROM COAL. 
2704 COKE AND SEMI-COKE OF COAL, OF LIGNITE OR OF PEAT, WHETHER OR NOT 
AGGLOMERATED; RETORT CARBON.  TN/MA/W/103/Rev.3/Add.1 
 Page 141 
 
 
  HS 2002 POSSIBLE TARIFF LINES FOR INCLUSION  
2707 OILS AND OTHER PRODUCTS OF THE DISTILLATION OF HIGH TEMPERATURE 
COAL TAR; SIMILAR PRODUCTS IN WHICH THE WEIGHT OF THE AROMATIC 
CONSTITUENTS EXCEEDS THAT OF TH E NON-AROMATIC CONSTITUENTS.  
2708 PITCH AND PITCH COKE, OBTAINED FROM COAL TAR OF FROM OTHER MINERAL 
TARS. 
2709 PETROLEUM OILS AND OILS OBTAINED FROM BITUMINOUS MINERALS.  
2710 PETROLEUM OILS AND OILS OBTAINED FROM BITUMINOUS MINERALS, OTHER 
THAN CRUDE; PREPARATIONS NOT ELS EWHERE SPECIFIED OF INCLUDED, 
CONTAINING BY WEIGHT 70% OF MORE OF PETROLEUM OILS OR OILS 
OBTAINED FROM BITUMINOUS MINERALS , THESE OILS BEING THE BASIC.  
2711 PETROLEUM GASES AND OTHER GASEOUS HYDROCARBONS. 
2715.00 BITUMINOUS MIXTURE BASED ON NATURAL ASPHALT, ON NATURAL BITUMEN, 
ON PETROLEUM BITUMEN, ON MINERAL TAR OF MINERAL TAR PITCH (FOR 
EXAMPLE, BITUMINOUS MASTICS, CUT-BACKS) 
2818 ARTIFICIAL CORUNDUM, WHETHER OF NOT CHEMICALLY DEFINED; 
ALUMINIUM OXIDE; ALUMINIUM HYDROXIDE.  
2820 MANGANESE OXIDES. 
7101 PEARLS, NATURAL OF CULTURED, WHETHER OR NOT WORKED OF GRADED BUT 
NOT STRUNG, MOUNTED OR SET; PEARLS, NATURAL OR CULTURED, 
TEMPORARILY STRUNG FOR CONVENIENCE OF TRANSPORT. 
7102 DIAMONDS, WHETHER OR NOT WORKED, BUT NOT MOUNTED OR SET 
7203 FERROUS PRODUCTS OBTAINED BY DIRECT REDUCTION OF IRON ORE AND 
OTHER SPONGY FERROUS PRODUCTS, IN LUMPS, PELLETS OR SIMILAR FORMS; 
IRON HAVING A MINIMUM PURITY BY WE IGHT IN LUMPS, PELLETS OR SIMILAR 
FORMS 
7204 FERROUS WASTE AND S CRAP; REMELTING SCRAP INGOTS OF IRON OR STEEL 
 - WASTE AND SCRAP OF ALLOY STEEL: 
7204.21 -- OF STAINLESS STEEL 
7204.29 -- OTHER 
 - OTHER WASTE AND SCRAP 
7204.49 -- OTHER 
7401 COPPER MATTES; CEMENT COPPER (PRECIPITATED COPPER): 
7401.10 - Copper mattes  
7401.20 - Cement copper (precipitated copper)  
7402.00 UNREFINED COPPER; COPPER ANOD ES FOR ELECTROLYTIC REFINING.   
7403 REFINED COPPER AND COPPER ALLOYS, UNWROUGHT: 
7403.1 Refined copper :  
7403.11 - Cathodes and sections of cathodes  
7403.12 - Wire-bars 
7403.13 - Billets 
7403.19 - Other 
7403.2 - Copper alloys: 
7403.21 - Copper-zinc base alloys (brass) 
7403.22 - Copper-tin base alloys (bronze) 
7403.23 - Copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver) 
7403.29 - Other copper alloys (other than master alloys of heading 7405)  
7404.00 COPPER WASTE AND SCRAP 
7405.00 MASTRAL ALLOYS OF COPPER  
7406 COPPER POWDERS AND FLAKES:  
 
7406.10 -Powders of non-lamellar structure  
7406.20 -Powders of lamellar structure; flakes 
7501 NICKEL MATTES, NICKEL OXIDE SINTERS AND OTHER INTERMEDIATE 
PRODUCTS OF NICKEL METALLURGY. TN/MA/W/103/Rev.3/Add.1 
Page 142  
 
  HS 2002 POSSIBLE TARIFF LINES FOR INCLUSION  
7502 UNWROUGHT NICKEL. 
7504 NICKEL POWDERS AND FLAKES 
7601 UNWROUGHT ALUMINIUM  
7601.10 Aluminium, not alloyed 
7601.20 Aluminium alloys 
7602.00 ALUMINIUM WASTE SCRAP  
7603 ALUMINIUM POWDERS AND FLAKES :  
7603.10 -powders of non-lamellar structure  
7603.20 -powders of lamellar structure 
7801 UNWROUGHT LEAD 
7901 UNWROUGHT ZINC 
8104 MAGNESIUM AND ARTICLES THERE 
OF, INCLUDING WASTE AND SCRAP:  
8104.1 -Unwrought magnesium :  
8104.11   - Containing at least 99.8% by weight of magnesium 
8104.19   - Other 
8104.20 -waste and scrap 
8104.30 -raspings, turnings and granules, gr aded according to size; powders  
8105 COBALT MATTES AND OTHER INTERMEDIATE PRODUCTS OF COBALT 
METALLURGY; COBALT AND ARTICLES  THEREOF, INCLUDING WASTE AND 
SCRAP 
8111.00 MANGANESE AND ARTICLES THEREOF, INCLUDING WASTE AND SCRAP 
  TN/MA/W/103/Rev.3/Add.1 
 Page 143 
 
 
  XII. DRAFT MODALITIES FOR THE LIBE RALIZATION OF TARIFFS IN THE 
SPORTS EQUIPMENT SECTOR72 
1. As proposed in the  previous communicati ons of 5 April 2007 (ref. TN/MA/W/85) and 
21 September 2005 (ref. JOB(05)/201), tariff eliminati on in the sports equipment sector would help to 
create greater economic value and lower production costs for this industry, present customers with a 
wider and more affordable choice of products, and bring about consid erable benefits for developing 
countries and for WTO Members in general. 
2. In accordance with paragraph [12(a)] of the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tari ffs on sports equipment products identified in 
paragraph 10 as part of a non-mandatory sports equipment sectoral initiative. 
Procedure/Process 
 
3. Participants in the sports equipment sectoral initiative are expected to fulfil the commitments 
described in these modalities if ‘critical mass’ is re ached, that is, if WTO Members representing at 
least [90] percent of world trade in sports equipm ent have indicated their intent to participate. 
4. Members are encouraged to notify proponents a nd the WTO Secretariat of their participation 
no later than two months after the establis hment of NAMA modalities. When submitting its 
comprehensive draft schedule, each participant sh all record its commitments relating to sports 
equipment on a conditional basis in c onformity with the modalities herein.73 
5. Participants should meet no later than one mont h after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
Principal Sectoral Modality 
 
6. Participants will eliminate tariffs on the products  identified in paragra ph 10 in [5] equal rate 
reductions or the final implementa tion period for general tariff reducti ons by formula, whichever is 
the shorter.  
7. The reduction will be implemented on 1 January of  the year following entry into force of the 
DDA results and each successive reduction shall be made effective on 1 January of each of the following years. 
Special and Differential Treatment 
 
8. Developing Member participants may apply one of the following flexibility options with 
respect to paragraph 7: 
(i) Bind up to [5] percent of national sports equipment product tariff lines at [5] percent, 
provided these lines do not exceed [5] percent of the total value of the Member’s 
sports equipment product imports. 
(ii) Extend the implementation period for tariff reduction by up to an additional [2] 
annual rate reductions on up to [10] per cent of national sports equipment product 
                                                     
 
72 Submitted by Norway; Singapore, Switzerland; the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu and the United States (document JOB(08)/75). 
73 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat. TN/MA/W/103/Rev.3/Add.1 
Page 144  
 
  tariff lines, provided these lines do not exceed [1 0] percent of the total value of the 
Member’s sports equi pment product imports. 
(iii) Another possible flexibility opti on could be further discussed while the participants in 
the agreement will ultimately decide all elem ents of special and differential treatment. 
 
9. In any year in which an affected tariff woul d be reduced further by commitments resulting 
from the agreed NAMA modalities than  by these sectoral modalities, the lower of the resulting tariffs 
will be applied to the affected tariff line. 
Product Coverage 
 
10. Without prejudice to the positions of co-sponsor s, the product coverage of the sports 
equipment sectoral initiative should cover articles cont ained in the table below. The ultimate decision 
on product coverage rests with th e participants in the agreement.
  
 
HS Code – 6 Digits Description 
ex 6307.20* Life vests 
ex 6506.10* Safety headgear 
8903.10 Other inflatable rowing boats and canoes 
8903.91 Sailboats, assembled or unassemble d, with or without auxiliary motor 
8903.92 Motor boats, assembled or unassemble d, other than outboard motorboats 
8903.99 Other articles of heading No. 8903 
9504.20 Articles and accessories for billiards 
9504.90 Other 
9506.11 Skis 
9506.12 Ski-fastenings (ski-bindings) 
9506.19 Other 
9506.21 Sailboards 
9506.29 Other 
9506.31 Clubs, complete 
9506.32 Balls 
9506.39 Other 
9506.40 Articles and equipment for table-tennis 
9506.51 Lawn-tennis rackets, whether or not strung 
9506.59 Other 
9506.61 Lawn-tennis balls 
9506.70 Ice skates and roller skates, includi ng skating boots with skates attached 
9506.91 Articles and equipment for general physical exercise, gymnastics, or athletics 
9506.99 Other 
9507.10 Fishing rods 
9507.20 Fish-hooks, whether or not snelled 
9507.30 Fishing reels 
9507.90 Other 
9508.00 Roundabouts, swings, shooting galleri es and other fairground amusements; 
travelling circuses, travelling menageries, and travelling theatres 
* The product coverage of the specific tariff line is limited to only the description in the table.  
  TN/MA/W/103/Rev.3/Add.1 
 Page 145 
 
 
  XIII.  DRAFT MODALITIES FOR THE LIBE RALIZATION OF TARIFFS IN THE 
TEXTILES, CLOTHING AND FOOTWEAR SECTOR74  
Product Coverage   
HS Chapters 50-64  
All NTBs as well as export restrictions on ra w materials for the products included must 
equally be removed.  
Modality for Tariff Reduction  
End Rate:  as close to zero as possible  
S&D Treatment  
To be decided by participants.  
Participation  
All Members should participate.  
 
 
                                                      
74 Submitted by the European Communities (document JOB(08)/78). TN/MA/W/103/Rev.3/Add.1 
Page 146  
 
  XIV.  DRAFT MODALITIES FOR THE LIBERALISATION OF TARIFFS IN THE TOYS 
SECTOR
75 
1. In accordance with paragraph [12(a)] of  the NAMA modalities, this document sets out 
modalities for the reduction or elimination of tariff s on toys identified in paragraph 8 as part of a 
non-mandatory toys sectoral initiative. 
 
Procedure/Process 
 
2. Participants in the toys sectoral initiative are expected to fulfil the commitments described in 
these modalities if ‘cr itical mass’ is reached, that is, if WTO Members representing at least [90] per cent 
of world trade in toys have indicated their intent to participate. 
 3. Members are encouraged to notify proponents a nd the WTO Secretariat of their participation no 
later than two months after the establishment of NAMA modalities. When submitting its comprehensive 
draft schedule, each participant shall record its co mmitments relating to toys on a conditional basis in 
conformity with the modalities herein.
76 
 4. Participants should meet no later than one month after the submission of comprehensive draft 
schedules to review the state of partic ipation and decide how to proceed.  
 
Principal Sectoral Modality 
 
5. Developed Member participants will eliminate tariffs on the products identified in paragraph 8 on 1 January of the year following the entry into force of the DDA results.  6. Developing Member participants will eliminate tariffs on the products iden tified in paragraph 8 
in [3] equal rate reductions. The first reduction will be implemente d on 1 January of the year following 
entry into force of the DDA results and each succes sive reduction shall be ma de effective on 1 January 
of each of the following years. 
 
Special and Differential Treatment  
7.  Special and Differential Treatment will be co nsidered on a case-by-case basis and would need 
to be agreed by participating Members. 
 
Product Coverage 
 8. The product coverage for the toys sect oral fully encompasses the Uruguay Round 
zero-for-zero agreement and include HS chapters  9501-9505, covering traditional toys, games, and 
festive articles.  The ultimate decision on produc t coverage rests with participating Members. 
 
                                                     
 
75 Submitted by Hong Kong, China and the Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu (document JOB(08)/66). 
76 Those Members having their schedule prepared by th e Secretariat will notify their participation to the 
Secretariat.  TN/MA/W/103/Rev.3/Add.1 
 Page 147 
 
 
  HS2002 Description 
9501 Wheeled toys designed to be ridden by children (for example, tricycles, 
scooters, pedal cars); dolls' carriages 
9502 Dolls representing only human beings 
9503 Other toys; reduced-size (scale) mode ls and similar recreational models, 
working or not; puzzles of all kinds 
9504 Articles for funfair, table or parlour games, including pintables, billiards, 
special tables for casino games and automatic bowling alley equipment 
9505 Festive, carnival or other entertainmen t articles, including conjuring tricks and 
novelty jokes 
 TN/MA/W/103/Rev.3/Add.1 
Page 148  
 
  ANNEX 7
 
 
Option 1  
  
List of tariff sectoral initiatives proposed, pa rticipants and Members having announced their 
readiness to participate 
 
Sectoral initiative Participants Members having 
announced their readiness 
to participate 
1. Automotives and 
related parts Japan   
2. Bicycle and related 
parts Singapore; Switzerland; Chinese Taipei, 
and Thailand   
3. Chemicals Canada; the European Communities; 
Japan; Norway; Singapore; Switzerland; Chinese Taipei; United States   
4. Electronics/ 
electrical products Hong Kong, China; Japan; Korea; 
Singapore; Thailand and the United States   
5. Fish and fish 
products Canada; Hong Kong, China; Iceland; 
New Zealand; Norway; Oman; Singapore; Thailand and Uruguay   
6. Forest products Canada; Hong Kong, China; New 
Zealand; Singapore; Switzerland; 
Thailand and the United States   
7. Gems and jewellery Canada; the European Communities; 
Hong Kong, China; Japan; Norway; 
Singapore; Switzerland; Chinese Taipei; Thailand and the United States   
8. Hand tools Chinese Taipei   
9. Open access to 
enhanced healthcare Singapore; Switzerland; Chinese Taipei 
and the United States  
10. Raw materials United Arab Emirates  
11. Industrial machinery  Canada; the European Communities; 
Japan; Norway; Singapore; Switzerland; Chinese Taipei and the United States  
12. Sports equipment Norway; Singapore, Switzerland; 
Chinese Taipei and the United States  
13. Textiles, clothing 
and footwear European Communities  
14. Toys Hong Kong, China; Chinese Taipei  
 
 
 
 
  TN/MA/W/103/Rev.3/Add.1 
 Page 149 
 
 
  Option 2  
 
1. LIST OF TARIFF SECTORAL INITIATIVES PROPOSED 
 
1. Automotives and related parts 2. Bicycle and related parts 
3. Chemicals 4. Electronics/electrical products 5. Fish and fish products 6. Forest products 
7. Gems and jewellery 
8. Hand tools 9. Open access to enhanced healthcare 10. Raw materials 11. Industrial machinery  
12. Sports equipment 
13. Textiles, clothing and footwear 14. Toys 
... 
 
2. MEMBERS THAT AGREE TO PARTICIPATE IN NEGOTIATING THE TERMS 
 
1. Canada  
2. European Communities  
3. Hong Kong, China  
4. Iceland  
5. Japan  
6. Korea  
7. New Zealand  
8. Norway  
9. Oman  
10. Singapore,  
11. Switzerland  
12. Thailand 
13. Chinese Taipei  
14. United Arab Emirates 
15. United States 
16. Uruguay 
... 
  
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