WORLD TRADE  
ORGANIZATION  TN/MA/W/90/Add.1 
22 April 2008 
 (08-1924) 
Negotiating Group on Market Access Original:   English 
  
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Proposal on the NTBs of Lighter Products
 
 
Communication from the People’s Republic of China 
 
Addendum  
 
 
 The following communication, dated 17 April 2008,  is being circulated at the request of the 
delegation of the People’s Republic of China.  
 
_______________ 
   
 
 We hereby make this proposal with a view to  promoting the establishment of a market access 
system, based on international standards and by memb ers in joint efforts to reduce or as appropriate 
eliminate NTBs in the trade of lighter products, to achieve their free trade. 
 
Understanding on the Interpretation of the Agreement on  
Technical Barriers to Trade as Applied to Trade in Lighter Products 
 
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, st andards 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 TN/MA/W/90/Add.1 
Page 2  
 
  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 a nd 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. 
 
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  TN/MA/W/90/Add.1 
 Page 3 
 
 
  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. 
 
__________