WORLD TRADE  
ORGANIZATION  TN/MA/W/89 
21 September 2007 
 
 (07-3973) 
Negotiating Group on Market Access Original:   English 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS  
 
Harmonization of Fireworks Standards and Conformity Assessment Procedures
 
 
Communication from the People's Republic of China 
 
  The following communication, dated 19 September 2007, is being circulated at the request of the delegation of the People's Republic of China.  
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I. INTRODUCTION 
1. In line with paragraph 16 of the Doha Mi nisterial Declaration in November 2001 and 
paragraph 22 of the Hong Kong Ministerial Declarati on in December 2005, tariff as well as non-tariff 
barriers (“NTBs”) should be reduced or as appropria te eliminated, in particular with respect to 
products of export interest to developing Members,  and the special needs and interests of developing 
and least-developed Members should be taken fully  into account. Some Members create and apply 
NTBs in the form of standards, inspection, testing,  certification and accreditation, which fail to take 
due account of the national condition of developing Members, and which pose de facto or disguised 
restrictions on exports of interests to developing  Members and constitute unnecessary obstacles to the 
market access of products from developing Members. 
2. In regard to the international trade of fi reworks (HS code 360410), standards of Members 
differ greatly, and some standards are unreasonable. Th e following proposal is made with a view to 
possible solutions to NTBs affecting trade in fireworks. 
II. BACKGROUND 
3. Some Members require the attachment of dangero us degree labels for products prior to their 
entry into target markets.  This requirement in creases the processing time and costs for manufacturers 
seeking to export to such markets. 
4. In some cases, Members require that specifi c laboratories, which are identified by the 
importing Member, issue a test report with respect to imported fireworks.  The importing Member refuses to accept test reports issued by other labor atories, even though they are fully in compliance 
with the ISO/IEC17025 standards.  Thus, export fi reworks companies must first obtain certification 
for their fireworks from specific laboratories re cognized by the importing Members, resulting in 
significantly increased co sts for the companies. 
5. In addition, some Members prohibit the sale of fireworks or certain categories of fireworks. 
Some Members also require the registration or certif ication of importers and exporters of fireworks. TN/MA/W/89 
Page 2  
 
  Both of these measures have greatly affected the production and marketing of fireworks by companies 
in developing Members, and thus distort trade. 
6. The economic impact of NTBs on fireworks inte rnational trade is significant. For example, 
according to one study, 100 percent of Chinese manu facturers have encountered  NTBs in the process 
of exporting their firework products. The cost of da ngerous degree labels amount to 4,000 U.S. dollars 
for each container of fireworks.  In addition, la boratory testing costs Ch inese firework exporters 
30 million to 150 million U.S. dollars annually (tot al annual trade value equals 460 million U.S. 
dollars). 
III. MODALITIES 
7. In order to further address the problems outlined ab ove, we hereby make this notification with 
respect to NTBs affecting the international trade in  fireworks and also submit for consideration by 
Members the attached Annex to the WTO Agreem ent on Technical Barriers to Trade: Non-Tariff
 
Barriers Related to Trade in Fireworks. These pr oposals offer clear benefits to both producers and 
consumers in many WTO Member countries. Accordi ngly, we invite interested Members to join 
China in a discussion on common barriers of interest  related to fireworks as part of the NTB 
negotiations 
   
   TN/MA/W/89
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NON -TARIFF BARRIER NOTIFICATIONS CONCERNING FIREWORKS 
 
No. Tariff item  
(HS2002) Description of product Non-tariff measure on which action 
is requested Specific action requested Remarks 
1 2 3 4 5 6 
[1] HS 3604 
10 Pyrotechnic article which contain 
substances or a mixture of substances 
designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions for 
entertainment. 1. Prohibition of sale of fireworks or of 
certain categories of fireworks 
2. Designate laboratories for testing or only accept the test results of domestic laboratories 3. Registration or certification 
requirements 
 1. Eliminate the prohibition of 
sells on certain fireworks 
2. Accept the relevant foreign conformity assessment results which are in complete compliance with the ISO/IEC17025 standards 
3. Eliminate the unnecessary 
registration or certification requirements Impeding or 
preventing market 
access 
[2] HS 3604 
10 Pyrotechnic article which contain 
substances or a mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such 
effects through self-sustained 
exothermic chemical reactions for entertainment. 1.Unified international standard does 
not exist 2.Standards of Members differ from each other greatly 
3. Some requirements in members’ 
current standards lack reasonableness. For example, the fireworks stability test is required to be conducted on a 60
0 
sloping surface, and the requirement for pyrotechnic compositions percentage is 
extremely stringent, regardless of the 
handwork conditions of the fireworks industry 1. Try to establish the international 
standards on fireworks. 2. Encourage different countries to adopt the same standards on 
fireworks 
 Impeding or 
preventing market access 
[3] HS 3604 
10 Pyrotechnic article which contain 
substances or a mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such 
effects through self-sustained 
exothermic chemical reactions for entertainment. 1. Samples must be sent to laboratories 
in importing Members for testing  2. Requirement of pre-shipment 
inspection by designated inspection 
bodies in factories of the exporting Member 1. Adopt the testing results from 
competent laboratories of exporting countries 2. Simplify the conformity 
assessment procedures Increasing costs  
  TN/MA/W/89 
Page 4 No. Tariff item  
(HS2002) Description of product Non-tariff measure on which action 
is requested Specific action requested Remarks 
1 2 3 4 5 6 
   3. Test reports or classification 
certificates issued by competent laboratories of the exporting Member are not accepted   
   4. Complicated conformity assessment 
procedures, such as product registration 
or type testing, sampling or batch-by-
batch inspection, port inspection, market surveillance, and quality system certification, etc.    
   5.Only domestic hazard classification 
results are accepted   
 
  TN/MA/W/89 
 Page 5 
 
 
  Annex to the WTO Agreement on Technical Barriers to Trade : 
Non-Tariff  Barriers Related to Trade in Fireworks  
 
 Members,  
Recalling  Paragraph 16 of the Doha Ministerial De claration and Paragraph 22 of the Hong 
Kong Ministerial Declaration, wher e Members agreed to negotiate w ith 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 Agreement applies to fireworks under HS code 3604100000. 
  1.2. Non-tariff barriers in the Agreement include  but are not limited to technical regulations, 
standards, and conformity assessment procedures rela ted to the production and trade of fireworks that 
impede international trade. 
 1.3. The provisions set out in this Agreement shall be considered as a supplement to the WTO 
Agreement on Technical Barriers to Trade.  
 
Article 2 –Terms and Definitions 
 
2.1. Pyrotechnic article refers to any article containing substances or a mixture of substances 
designed to produce heat, light, sound, gas, or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions for entertainment or other purposes. 
 
2.2. Firework refers to a pyrotechnic article, the use of which is for entertainment. 
 2.3. The terms and definitions referred to in the WTO Agreement on Technical Barriers to Trade 
and those in relevant ISO/IEC guide shall apply to this Annex. 
  
Article 3 -International Standards 
 
3.1. The WTO will 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. TN/MA/W/89 
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  Article 4 – Conformity Assessment Procedures 
 
4.1.  Wherever relevant international standard s, guides or recommendations do not exist, importing 
Members shall give positive consideration to accep ting as equivalent to their own the technical 
regulations of exporting Members. 
 
4.2. Members shall accept conformity assessment re sults for fireworks issued by laboratories that 
are accredited by international laboratory accreditation organizations as in complete compliance with the ISO/IEC17025.  
Article 5 – Transparency 
 
5.1. Members shall ensure that all technical regulations, standards and conformity assessment 
procedures on fireworks that have been develope d or amended are published promptly in such a 
manner as to enable interested Member s to become acquainted with them. 
  
Article 6  -Technical Cooperation  
 6.1. Developed Members shall conduct sufficient c onsultations with other interested Members in 
developing domestic technical regulations, sta ndards and conformity assessment procedures on 
fireworks. 
 6.2. Developed Members shall provide technical  assistance to developing Members to improve 
their capacity in meeting the technical regulations , standards and conformity assessment procedures 
on fireworks. 
 
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