. /.   WORLD TRADE  
ORGANIZATION  G/RO/W/126 
16 June 2009 
 (09-2915) 
Committee on Rules of Origin Original:   English 
  
 
CHINA’S COMMENTS ON DO CUMENT G/RO/W/111/REV.3 
 
  The following communication, dated 12 June 200 9, has been received from the Delegation of 
China. 
 
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 1. The issue of whether relative Primary Rules on chapter level should be described as Chapter 
Notes has been discussed by Member s.  As stipulated in G/RO/W/111/Rev.3, some Primary Rules on 
chapter level have been transformed into Chapter Notes.  But these two criteria can still be found co-
existing in some Chapters (e.g. Chapter 38, 40, 43, 48 , 55, 56, 57, 58, 62, 63, 72, etc.), which make it 
difficult to distinguish chapter Primary Rules from Chapter Notes.  The inconsistency in wording 
results in confusion in understanding.  China consid ers that it would be clearer if the affiliation among 
these criteria could be re-sorted. 
 
 China finds that some negative criteria are c ited in Primary Rules on chapter level, such as 
“Complete making-up”, “Assembly in a single coun try”, “Minor processing operations not affecting 
origin”, “Application of the value added rule”.  China suggests that all the negative criteria be 
transformed into Chapter Notes, while only positive criteria be involved in chapter Primary Rules. 
 
2. Ex0304(b) 
 
 “
S[s]ubheading” in Primary Rule should be “split heading”. 
 
3. HS 0404 
 
 The description of split sub-headings ex0404. 10(a) and ex0404.90(b) are same as relative 
subheadings, which means the headings have not be en split.  China suggests relative expressions be 
modified.  4. Ex5508(c) 
 
 The Primary Rule of this sub-heading is “CTH , except from heading 55.08 or 55.11”.  As the 
Primary Rule defines, heading 5508 has already been  excluded.  China suggest the Primary Rule be 
modified as “CTH, except from heading 55.11”. 
 
5. HS 7108 
 
 China suggests the Primary Rule on heading le vel should be modified as “As specified for 
sub-headings”.  G/RO/W/126 
Page 2  
 
  6. China notices that different wordings are used  when determining origin in some Chapter 
Notes, such as “be substantial transformation” “be considered as origin conferring” and “is to be 
considered origin conferring”.  Ch ina suggests these expressions be unified. 
  The involved Chapter Notes include, Chapter Note 5 of Chapter 35, Chapter Note 1 of 
Chapter 39, Chapter Note 1 of Chapter 40, Chap ter Note 1 of Chapter 72, Chapter Note 2 of 
Chapter 73, Chapter Notes 1 and 2 of Chapter 74,  Chapter Notes 1 and 2 of Chapter 75, Chapter 
Notes 1 and 2 of Chapter 76, Chapter Notes 1 and 2 of Chapter 78, Chapter notes 1 and 2 of Chapter 79, Chapter Notes 1 and 2 of Chapter 80, Chapter Notes 1 and 2 of Chapter 81.  7. HS 7304 
 
 The Primary Rules for sub-heading 7304.31, 7304.41, 7304.51 are not appropriate, China 
suggests these rules be modified as “CTH or C TSH except from…”or “CTH or change from …”. 
 8. HS 8410 
 
 China suggests the Primary Rule on heading level in column 3 should be modified as “As 
specified for sub-headings”.  9. China notices that some Subsid iary Rules/Residual Rules are cited in some headings and sub-
headings level (e.g. 8471.49, 8473(b), 8482.10, 84 83.20, 90.03).  While Rule 3 of Appendix 2 only 
stipulates the application of Residual Rules on chapte r level, the Subsidiary Rules/Residual Rules on 
heading and sub-heading level are not involved.  For clarification, China would like to be advised of the application of these subsidiary rules.  
 
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