WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/213/Add.1 
8 July 2009 
 (09-3356) 
Trade Policy Review Body 
25 and 27 March 2009 Original: English/ 
 anglais/  inglés 
 
  
TRADE POLICY REVIEW 
FIJI 
Record of the Meeting
 
Addendum  
Chairperson:  H.E. Mr. Istvan Major (Hungary) 
 
 This document contains the advance wri tten questions, and replies provided by Fiji.1 
__________________________________________________________________________________  
Organe d'examen des politiques commerciales 
25 et 27 mars 2009 
 
EXAMEN DES POLITIQUES COMMERCIALES 
FIDJI 
Compte rendu de la réunion
 
Addendum  
Président:  S.E. M. Istvan Major (Hongrie) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses fournies par les Fidji.
1 
__________________________________________________________________________________ 
 
Órgano de Examen de las Políticas Comerciales 
25 y 27 de marzo de 2009  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
FIJI 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Istvan Major (Hungría) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Fiji.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
    WT/TPR/M/213/Add.1 
 Page 3 
 
 
 ADVANCE WRITTEN QUESTIONS BY MEMBERS AND 
REPLIES PROVIDED BY FIJI 
 
PEOPLES REPUBLIC OF CHINA 
 
REPORT BY THE SECRETARIAT 
I. ECONOMIC ENVIRONMENT (2) RECENT ECONOMIC DEVELOPMENTS (Paragraph 15) 
 
Question 1 
 
 
 “Fiji’s medium-term macroeconomic targets are to achieve annual real economic growth of 
5%, reduce inflation to under 3% over five years,  boost foreign reserves to 4-5 months of import 
cover, implement a balanced budget by 2012, lower government debt to sustainable levels of a 
maximum of 45% of GDP by 2011, and to raise investment above 25% of GDP.”  
 
 Could the Delegation of Fiji please describe br iefly how it intends to achieve these ambitious 
goals? 
 
ANSWER: 
 
 The above-mentioned goals are being pursued in the context of Fiji’s 20 year 
Development Plan, the Sustainable Economic  and Empowerment Development Strategy 
(SEEDS) 2008-2010 and the 2006 National Export Strategy. These goals have been introduced in the 2009 Budget to achieve Fiji’s development goals. A key initiative in the Budget has been 
the introduction of a number of investment incentives with the objective of boosting investment 
in Tourism, Agriculture, Information and Co mmunication Technology and others. To attract 
investment, corporate tax rates of 31% have been reduced to 29% in 2009 and will further reduced to 28% in 2010. It will also continue to review the investment approval processes to 
improve project implementation and company start up time.  Fiji has also relaxed foreign investment regulatory regime which includes a reduction in the minimum capital investment 
thresholds. 
 
 However, Fiji recognizes that some of the targets may be difficult to achieve within the 
prescribed timeframes due to external shocks su ch as the global financial crisis, preference 
erosion and natural disasters including the devastati ng floods that Fiji experienced in January 
2009. In light of these changing global and domest ic conditions, these specific targets set above 
are being reviewed. Finally, we firmly believe that with the support of the international 
community and the WTO members, Fiji wo uld be able to achieve these goals.  
 III. TRADE POLICIES AND PRACTICES BY MEASURE  (2)  MEASURES DIRECTLY AFFECTING IMPORTS (Paragraph 58)  
Question 2 
 
  “A local-content scheme requires foreign investors manufacturing cigarettes to use at least 
50% locally grown and processed tobacco.”  
 Could the Delegation of Fiji please make some elaborations on this observation?  
    WT/TPR/M/213/Add.1 
Page 4  
 
 ANSWER 
 
 The local content scheme was provide d for under the 2008 Foreign Investment 
Regulations in order to promote value addition, employment and poverty alleviation. For Fiji, tobacco is a Special Product given its importance fo r sustaining rural livelihoods. Fiji needs this 
flexibility in terms of using this measure to enab le it to achieve its development goals. However, 
it should be noted that the minimum foreign capi tal investment in this sectors has been reduced 
from F$ 750 000 to F$ 500 000. Fiji will also ev aluate the scheme in light of its Agreement on 
Trade Related Investment Measures (TRIMS) obli gations. In this context, Fiji supports the 
proposals that were submitted to review the TR IMS Agreement to inject some flexibility for 
developing countries.  
 THE UNITED STATES OF AMERICA  II. Trade Policy Regime:  Framework and Objectives   
(7) Foreign Investment Regime  
(iii) Incentives Page 41, Paragraph 51: 
  
 Question 1
 
  The reports states that Fiji provides all ex porters generous income tax exemptions, including 
industry-specific investment incentives that have loca l content and export performance requirements.  
Can Fiji please provide more information regarding the income tax and invest ment incentives?  In 
light of Fiji’s WTO commitments (e.g., Articles 3.1( a) and 3.1(b) of the SCM Agreement, and Mode 3 
tourism commitments in the GATS), is the govern ment planning to make changes to these policies?  
 
ANSWER:  
 The incentives referred to on page 41, para graph 51, can be enjoyed by all companies 
that meet the criteria, regardless of whether the product is exported or intended for domestic 
consumption. Fiji would like to request the Se cretariat to remove the phrase ‘all exporters’ at 
the beginning of that paragraph. 
 
 For those incentives which a re export contingent, these are notified annually and are 
benefitting from the extension of the transiti on period provided through the General Council 
decision (WT/L/691).   
III. Trade policies and practices by measure 
(2) Measures Directly Affecting Imports (iii) Non-tariff border measures (a) Import Prohibitions Page 43, Paragraph 1
 
 
Question 2  
 
 According to the Secretariat, Fiji’s app lied MFN tariff rates have continuously edged 
upwards, from an average of 7.9% in 2003 to a project ed 11.3% this year.  Fiji has stated that it 
hopes to make gradual tariff reductions to achieve a lower and more uniform rate  structure, yet this 
upward trend seems to contradict this goal.  Are these increases temporary?  Why has Fiji recently 
increased its rates and when does F iji expect to resume tariff reductions in support of its goal?  
 
 
   WT/TPR/M/213/Add.1 
 Page 5 
 
 
 ANSWER 
  The widening trade deficit and declining foreign reserves have necessitated upward adjustments of some tariffs in order to stabili se economic growth and a lleviate poverty. This 
temporary utilisation of the flexibility gap be tween the bound and the applied rates will be 
reassessed in light of our level of development an d capacity to trade, as well as eventual DDA 
obligations.    It should also be noted that Fiji has al ready made commitments to liberalise its tariffs 
under regional trade arrangements (MSGTA, PICTA & EPA) as an initial step towards fuller 
liberalisation at the multilateral level.   
Question 3
 
 
Page 43, Paragraph 2:   The Secretariat notes that Fiji’s applied tariffs still exceed bound rates on 
some items.  The text suggests that the broken bi ndings may be related to the introduction of “import 
excise taxes”.  In light of Fiji’s WTO commitments , how does the government plan to ensure Fiji’s 
compliance with its tariff bindings?  Please tell us more about the import excise taxes.  Why are they 
imposed?  How are they applied and on what pr oducts?  Are they only imposed on imports? 
 
ANSWER 
 
 The name ‘import excise duty’ is a misnomer.    Fiji has two types of excise duties. One is levied on dom estically produced goods and the 
other is levied on imports. The import excise dut y is essentially an excise tax and not an import 
tariff. The fact that the import excise duty in some cases is applied at a higher rate than the 
excise duty levied to the equivalent domestic products will be reviewed in light of WTO commitments. Excise duties are mainly imposed fo r revenue, environmental and health reasons. 
   A list of products that are subject to import taxes is attached as Annex 1.   
Question 4
 
 Page 63, Paragraph 56:
  When will Fiji notify its import licensing legislation to the WTO Import 
Licensing Committee?  Where are Fiji’s import lice nsing requirements publis hed or made publicly 
accessible? 
 
ANSWER   The import licensing requirements are pub lished in the official Fiji Government 
Gazette. Fiji lacks the administrative and technica l capacity to establish effective contact points 
to coordinate WTO notifications. This has been identified as a priority. However, Fiji would 
require technical assistance to expedite the subm ission of outstanding notifications including 
those related to the WTO Agreement on Import Licensing.  
 
(v) Contingency Measures 
  
Question 5
 
 
Page 65, Paragraph 60:  Please explain the circumstances und er which FIRCA may provide relief 
against imports causing material injury, the pro cedures and criteria followed for determining whether 
relief is to be provided, and the form such relie f may take.  The Secretariat says that Fiji does not WT/TPR/M/213/Add.1 
Page 6  
 
 have a general safeguards law nor has it ever applied antidumping measures.  Please identify the 
Fijian law and WTO agreement under which these meas ures are implemented.  How many times has 
Fiji taken action under this provision?  
 
ANSWER 
 
 Anti-dumping duties and countervailing measures are applied under the Dumping and Countervailing Duties Act 1998, but does not have legislation covering safeguards. This legislation is administered by the Department of Fair Trading & Consumer Affairs, and is 
based on the provisions of the WTO Anti-Dumpi ng Agreement. Fiji has never taken any anti-
dumping primarily due to a lack of institutional ca pacity to initiate anti-dumping investigations. 
   In this regard, Fiji fully supports the prop osals put forward by the ACP/AU on technical 
assistance and capacity building to strengthen the regulatory framework and institutional 
capacity to take such trade remedial actions. 
 
(3) Measures Directly Affecting Exports (v) Export promotion  Pages 70 and 71, Paragraphs 72 and 74:
  
 
Question 6  
 
 The report states that the Export Finance Fac ility (EFF) and the Export Credit Ratio (ECR) 
programs provide preferential financing to exporters.  Please explain this in light of Fiji’s obligations 
under Article 3.1(a) of the SCM Agreement.   ANSWER 
 
 The ECR has been phased out.   
  The EFF program provides short-term bridgi ng finance to any exporter. It is not 
contingent on export performance.  The EFF operates through the commercial banks with the 
support of the Reserve Bank of Fiji (RBF).  The interest rate charged on EFF advances is 
aligned to the 182 day Treasury Bills market rate.  Over the last 10 years, usage of this facility 
has been almost non-existent with advances under th is facility accounting for less than 0.1% of 
total exports.   The EFF does not violate Article 3.1(a) of the SCM Agreement.  
 
(4) Measures Affecting Production and Trade   (x) Intellectual property rights Page 82, Paragraph 123:   
 
Question 7
 
 
 The Secretariat notes that copyright enforcement is weak and that illegal copies of films, sound recordings, and computer program s are widely available.  We have heard that Fijian rights 
holders, including the Fiji Performing Rights A ssociation, are increasingly concerned about the 
growing prevalence of optical disk piracy throughout Fiji.  What steps is the government taking to 
increase IP enforcement?  Please pr ovide information identifying the number of people convicted for 
violating IP crimes and the kind of penalties that have been imposed.  
 
   WT/TPR/M/213/Add.1 
 Page 7 
 
 
 ANSWER 
  The enforcement of the provisions of the Copyright Act are conferred upon the Police, 
Fiji Islands Revenue and Customs Authority, Di rector of Public Prosecutions Office. The Fiji 
Performing Right Association (FPRA) or Fiji Audio Visual Industry Association (FAVIA) have 
been mandated under the legislation to ensure that individual and collective rights of 
intellectual property rights owners are properly protected.     A copyright owner also has civil remedies. Civil proceedings may be initiated by the 
copyright owner or the licensee in order to prot ect their work. Restraining orders can be served 
against a person(s) who has in their possession infr inging copies or illicit recordings or control 
in the course of business or for commercial purpose.    To assist in the enforcement of Fiji’s copyright law, amendments to Division 4 
(Presumptions) of the Copyright Act is currently being drafted to shift the burden of proof, 
which in turn will address the current problems with enforcement and prosecution of offences. 
  Statistics provided by the Office of the Dire ctor of Public Prosecutions (DPP) show that 
there are 22 Copyright Files, of which 9 are pending (Open) and 13 have been closed. Of the 13 case files that have been closed, there was a plea of guilty in 3 cases, 7 cases were closed 
because there was no sufficient evidence. In on e case there was an acquittal, the other case has 
been stayed and one case was dismissed on appeal.   
     Prosecuted Cases: 
   
CASE 
NAME COMPLAINANT NATURE OF 
CHARGE STATUS OF CHARGE/ 
DOCKET NO. EVIDENTIARY 
STATUS DISPOSAL 
State v R  SPR Accused operating 
pirate business in 
videotapes (Lautoka) Pleaded Guilty (PG) - Fined 
$1000 in default 2 years 
imprison  2000 
State v M SPR Accused operating 
pirate business in video tapes. PG – Fined $2000 in default 
9 months imprison  19 October 2004 
State v P SPR  PG – Fined $1000 in default 
2 months imprison  2005 
  
 The Fiji Police Force had also prosecuted, th rough its Prosecution Section, two cases of 
copyright infringement in 2008.  The sentences were: (1) Bound over in sum of $100 for 2 years; 
and (2) Fine $500 in default 3 months imprisonment. 
 
 Fiji is trying its best to enforce IP la ws but lacks human, technical and financial 
resources to implement the Copyright Act. Assistance is needed to strengthen IP implementation.  Question 8 
 
 
 Page 82, Paragraph 123:  The report states that “[t]he [Copyright] Tribunal's only role is where a 
licensing body and licensing scheme established by th e copyright owners refuse to join a collecting 
body.”  Please clarify how Fiji’s law operates in th is regard.  What is the Copyright Tribunal’s 
jurisdiction? 
 
ANSWER   The Tribunal is established under Section 202 of  the Copyright Act. It consists of a 
Chairperson and two members (s.203). The Tri bunal determines matters referred to it under WT/TPR/M/213/Add.1 
Page 8  
 
 the Act to ensure that the terms and condition of licenses offered or operated by a body or 
agency or the terms negotiated by a licensing body  are reasonable and also to ensure that the 
copyright owners are paid fairly. The Tribunal is ‘ quasi judicial’  in its functions.  
 
 Copyright licensing forms a major part of the Tribunal’s functions. Part X of the 
Copyright Act (i.e. from sections 139 to 163) governs licensing of copyright.   
  Equitable Remuneration is also decided by the Tribunal (s.163) in the event a copyright 
owner and a user are unable to agree about the accounts payable on a scheme.  It is the 
Tribunal’s role to ensure that the terms and conditions of licenses given through a collecting 
agency are fair and reasonable to  its members. For example, the Fiji Audio Visual Industry 
Association or Fiji Performers Rights Associat ion are required to collect royalties and provide 
equitable terms and conditions for its members.   Question 9
 
 
i) Page 83 Paragraph 125 :  Fiji’s patent protection term is 14 years from the issue date; but TRIPS 
Article 33 states, “The term of protection available shall not end before the expiration of a period of 
twenty years counted from the filing date.”  In light of TRIPS Article 33, will F iji amend its patent law 
to be in conformity with Artic le 33?  Fiji’s law also provides that the Attorney General may annul 
patents in the public interest.  What constitutes pu blic interest?  What is the annulment process?  
Does the law allow patent owners any right to appeal? 
 ANSWER   Yes. Fiji has a draft “Patents Bill” which will incorporate the international standards 
and the requirements of TRIPS including the issue of patent duration. 
  Section 18 of the current Patents Act (Cap. 239) does empower the Attorney General to 
annul a patent if it is prejudicial to the public interest or if the patent’s special conditions have not been observed. The general test for “public interest” will apply and would include factors 
such as national security and public policy issues.  
 
 Patents can be annulled if they do not meet the criteria for patentability as stipulated in 
the Act. Fiji can also revoke patents if they are erroneously granted. Patents can also be rejected 
on the grounds of public order, morality, protectio n of human, animal, plant life or health or to 
avoid serious prejudice to the environment.  If a patent involves misappropriated bio-diversity 
and traditional knowledge, it can also be annulled.  
   However, since 1883 there has been no recorded annulment of patents where the 
section 18 provision has had to be applied. Curre ntly, the Act does not provide for the right to 
appeal but will be considered in the draft ‘Patents Bill’.   
 Fiji requires technical assistance to amend it s existing laws and finalise the draft Patents 
Bill.  ii) Since Fijian law does not provide for protect ion of “independent” designs, how does the 
government plan to address TRIPS Article 25.1 that states in part, “Members shall provide for the 
protection of independently created industrial designs that are new or  original”?  Will Fiji amend the 
law to provide for protection of independent designs?     WT/TPR/M/213/Add.1 
 Page 9 
 
 
 ANSWER 
  Fiji does not have legislation dealing speci fically with independent designs. However, 
Fiji has a draft “Designs Bill” which will incorporate the TRIPS requirements including the issue of independent designs. 
 
 Fiji will require technical assistance to fina lise the draft Designs Bill. The finalisation of 
the designs Bill will complement the current initia tives to set up the Fiji Intellectual Property 
Office.  
iii) What provisions of Fijian law protect undiscl osed information and data submitted in connection 
with market approval against unfair comme rcial use? (TRIPS Article 39.1-3) 
 ANSWER  
 There is currently no provision under our Patents Act which deals directly with the 
protection of undisclosed information and data submitted in connection with market approval 
against unfair commercial use. However, this issu e will be addressed in the draft “Patents Bill”.  
 iv) What provisions of Fijian law protect plant vari eties? (TRIPS Article 27.3.b states in part: 
“Members shall provide for the protection of plant va rieties either by patents or by an effective sui 
generis system or by any combination thereof.”)   
ANSWER 
  No law or provision currently exists to address protection of plant varieties. However, 
Fiji is a signatory to the Convention on Bio Diversity and some measures are being undertaken 
in this framework to address this issue, prim arily under the draft Biodiversity Promulgation.  
  Fiji is also working with the other Pacifi c Island Countries to establish a regional system 
for protecting plant varieties. The regional arrangem ents will also take into account the final 
outcomes of WTO negotiations under Article 27.3.b including those on the relationship between 
TRIPS and the Convention on Bio-Diversity (CBD).  
 IV. TRADE POLICIES BY SECTOR   
(2)        Agriculture  
(ii) Policy objectives and measures Page 88, Paragraph 12:
   
 
Question 10  
 
 The Secretariat refers to import substitution and export promotion program s.  What policies 
does Fiji use to accomplish import substitution?  Ta riff increases, import excise taxes, or both?  What 
incentives does the government pr ovide under its export promoti on programs?  Are companies 
required to export in order to receive any type of funding/incentives?  ANSWER  
 Fiji currently implements both the Import Substitution and Export Promotion 
programmes. The programs are aimed at expa nding domestic production and providing 
domestic food security.   WT/TPR/M/213/Add.1 
Page 10  
 
  In this regard, the Government does not use either tariff increases or import excise taxes 
but provides direct assistance to farmers in accordance with the WTO Agreement on 
Agriculture.   IPR Enforcement  
“WTTPRS213-03, Page 82, paragraph 123:  
 Question 11
 
 
 Do Fiji Customs authorities have the ability to act upon their own initiative (ex officio) to 
detain imports they suspect of being pirated?  If so, please clarify the law under which this occurs, 
and how it operates in practice.  If not, does Fiji have plans to provide Customs with ex officio 
authority to seize suspected copyright infringing imports? 
  
ANSWER 
 
 Part VIII of Copyright Act 1999  confers powers upon the Comptroller of Customs to 
deal with copyright material. The Copyright (Border Protection) Regulations 2003  set out the 
evidentiary requirements and the types of partic ulars necessary to enable the Comptroller to 
make a determination on what is pirated work . A copyright owner will need to lodge his/her 
application with the Comptroller of Customs, pay the prescribed fee and have his/her 
application accepted before the Customs authorit y can seize pirated works. In addition, under 
the Copyright (Prescribed Countries) Regulations 2003 , protection is afforded to copyright 
owners from countries that are parties to the B erne Convention, the Marrakech Agreement, the 
Phonograms Convention, the Rome Convention  and the Universal Copyright Convention. 
Protection is provided not only to citizens and resi dents of those countries, but also to corporate 
bodies and organisations that have their headqua rters in these countries including the author of 
work of architecture erected in these countries.  WTTPRS213-03, Page 82, paragraph 124:    Question 12
 
 
 Do Fiji Customs authorities have the ability to  act upon their own initiative (ex officio) to 
detain imports they suspect of being counterfeit?  If so, please clarify the law under which this occurs, 
and how it operates in practice.  If not, does Fiji have plans to provide Customs with ex officio 
authority to seize suspected trademark infringing imports?” 
 
ANSWER 
 
 Yes. It is called the Trade Marks Act, Cap. 240. 
 
 The Trade Marks Act does not provide the Co mptroller with ex-officio authority to seize 
products infringing trademarks. However, th e Customs Act empowers the Comptroller to 
prohibit the importation of counterfeit goods.    WT/TPR/M/213/Add.1 
 Page 11 
 
 
 REPUBLIC OF KOREA 
 
Government Report, page 20, paragraph 62  
 Question 1 
 
 
 Para 62 of the Government Report elaborates on the efforts of the Government of Fiji to 
encourage exports as a means to induce economic development and overcome its chronic trade 
deficit.  
 i) Could Fiji further elaborate on the policies in place to encourage exports?  
ANSWER 
  The National Export Strategy (NES) is an all-encompassing development policy strategy 
to make Fiji a competitive exporter in a ch allenging global environment. The NES was 
introduced in 2006 with the objective of achievin g sustainable growth by encouraging exports, 
competitiveness, value addition and diversification.    To address the challenges of reversing Fiji’s  widening trade deficit and the need to 
stabilize the country’s foreign reserve position; si x major sectors were identified as priority 
sectors to improve export performance. These  sectors are Agro-Business, Forestry, Mineral 
Water, ICT, Marine and Audio Visual. These are th e sectors with the potential to earn the much 
needed foreign reserves in the short term.   Fiji is also negotiating various regional trade agreements to secure better market access 
for its exports.  
  ii) What are some of the problems faced  by Fiji in implementing these policies? 
 ANSWER  
 Fiji has encountered problems in the implementation of the NES. Some of these 
problems include:  lack of effective measures to address the supply-side constraints and ability 
to introduce adjustment steps that are necessary to  enable Fiji to fully utilise existing market 
access opportunities;  lack of capacity and resources to formulate and implement relevant 
industry policies and legislation;  lack of c oordination between various relevant governmental 
agencies. 
  iii) In the view of Fiji, what other assistance can the WTO provide to further assist the efforts 
of the Government of Fiji?  
 
ANSWER 
 
 The WTO could, through its monitoring role of the Aid for Trade initiative, assist in 
identifying technical experts to work with Fijian  authorities to address the problems identified 
in the answer to (ii) above. It could also assist  in developing supporting legislation for the sectors 
identified in the NES. 
 
 As has been done in the Trade Facilitation ne gotiations in the DDA, it would be useful if 
the WTO could provide for assessments that woul d assist the government to identify needs and 
concerns in various negotiation areas, and the implementation requirements that would result 
from a conclusion of the DDA.  WT/TPR/M/213/Add.1 
Page 12  
 
  
 Positive consideration by the Membership in  the DDA of Fiji’s well articulated positions 
in the negotiations relating to flexibilities will also go towards facilitating Fiji’s exports. 
  
Secretariat Report, page 20, paragraph 5
 
 
Question 2  
 
 i) Regarding Fiji’s investment incentives, the Secr etariat’s assessment is that they are “of 
dubious cost-effectiveness.” 
 
 What is Fiji’s view on the Secretariat’s a ssessment? Does Fiji have in place an evaluation 
scheme to review such inve stment incentives and to make adjustments accordingly? 
 
ANSWER 
 
 Fiji believes that incentives play a vital role  in attracting investment and in promoting 
trade in a small vulnerable economy like Fiji. So me of these incentives are conduits of growth 
for certain sectors of the economy such as the Textile, Clothing and Footwear (TCF), Information Communication and Technology (ICT) and tourism.   
 Fiji has been able to attract foreign invest ors in the ICT sector on the basis of existing 
investment incentives, with the creation of around 400 jobs. Another company is similarly expected to establish in Fiji and employ up to 2500 people. These investments are unlikely to 
have occurred in the absence of the incentive regime.  
 Fiji monitors these incentiv es through the annual budgetary process to ensure that they 
are targeted and cost-effective with the object ive of promoting trade, investment, economic 
development and alleviating poverty.   Secretariat Report, page 37, paragraph 47
 
  
Question 3  
 
 The Secretariat Report states that the investment approval process is “long, complex, and 
non-transparent”, hence “a major impediment to tr ade.” In the same paragraph, there is apparently 
a “national interest” test for foreign investment projects.  
 
 i) Could Fiji elaborate on measures being taken to expedite, streamline, and make more 
transparent the investment approval process?  
 
ANSWER 
 
 Fiji has implemented a number of measures to streamline and improve its investment 
approval process. Some of these measures are highlighted in the Government Report on 
page 20, paragraph 65. These measures have included:   Amendment of the Foreign Investment Act (F IA) to empower  the Fiji Islands Trade & 
Investment Bureau (FTIB) as the first contact po int for foreign investors,  to process investment 
applications within 5 days. The FTIB has also now been empowered to monitor the 
implementation of projects.   WT/TPR/M/213/Add.1 
 Page 13 
 
 
  Investment checklists – Fiji is currently reviewing the investment checklists with all 
regulatory agencies. The purpose is to provide th e relevant approvals or criteria both online and 
in a published booklet that is investor friendly a nd transparent on the conditions that investors 
would need to comply with.  
 On line investment application and approval s tracking system – In October 2008, Fiji 
launched an online investment approvals system to track the status of foreign investment 
approvals. The system currently caters for agencie s that deal with mandatory approvals, but is 
envisaged to soon include specific approvals for age ncies. This system allows potential investors 
to submit applications electronically fo r investment registration certificates.  
 
 Online registration of companies and compan y names: In February 2009, Fiji launched 
online registration of companies and reservatio n of company names at the Registrar of 
Companies Office. Fast-tracking of the registr ation of foreign owned companies has been a 
priority of the Registrar of Comp anies Office for the past 15 months. 
  
 ii) Could Fiji elaborate on the “national interest ” test? In particular, my delegation would be 
interested in the following:  
 
 a) (definitional aspect) What constitutes a ‘maj or sensitive investment’ to  which the “national 
interest” test applies?  
 
ANSWER 
 
 We cannot understand as to where the issue of major sensitive investment arises from. 
Under the Foreign Investment Act, there are c ertain areas of trade and investment reserved 
only for Fijians. The list of these areas have b een recently reviewed and four activities, namely 
bus businesses; sightseeing tours, travel agents, tour-guide services; forestry (plant management 
and logging) and office service businesses have been  de-reserved.  The current list is attached as 
Annex 2 (see also www.ftib.org.fj/invest-fiji-foreign-act.cfm)    All Government Commercial Companies (G CC) and State Owned Enterprises (SOE) 
that are regulated under the Public Enterprises Ac t need to have Cabinet approval before any 
divestment of shares in those entities or corpor atisation. The comprehensive list of SOEs is 
shown in Table III.6, page 79 of the Secretariat Report.    b) (procedural aspect) What is the process through which the Government of Fiji implements 
the “national interest” test? 
 ANSWER   The ‘national interest’ test applies both to the Restricted and Reserved Activities 
(Table II.3 of page 39, Secretariat Repor t) under the FIA as well as GCC and SOEs.  
 
 Upon receiving the application under the FIA,  FTIB will assess whether the investment 
falls under the Reserved or Restricted list. If the proposal falls under the Reserved list, the 
application is rejected. If the proposal falls under the Restricted list, it shall be accepted subject 
to the minimum conditions specified.  
 
 c) (list of sensitive sectors) Could Fiji prov ide an exhaustive list of sectors to which the 
“national interest” test is applied?   WT/TPR/M/213/Add.1 
Page 14  
 
 ANSWER 
  Refer to previous response.    d) Has there been a case in which a foreign in vestment project was denied permission due to 
the “national interest” test? If so, could Fiji elaborate on the cases? 
 ANSWER   As stated above, applications must meet th e conditions of the Foreign Investment Act. 
As for SOEs and GCCs, Cabinet approval is necessary.  
 
Secretariat Report, page 41, paragraph 53
 
Secretariat Report, page 20, paragraph 4   
 
 The Secretariat Report in page 41 states that F iji has no bilateral investment treaties in force 
and is negotiating none.   Question 4
 
 
 i) Could Fiji elaborate on why this is the case? 
 
ANSWER 
  Bilateral investment treaties require, int er alia Governments to guarantee foreign 
investment. Given Fiji’s limited capacity to meet  some of these onerous obligations, it has not 
been prudent for the Government to enter in to bilateral investment treaties.      
 
 ii) In relation to the above, could Fiji elaborate on why it has shunned the proposals of the 
UK and China for a bilateral investment treaty? 
 
ANSWER 
 
 Fiji has not shunned these proposals. Consultations are being conducted to finalise our response, for example Fiji is currently engaged in discussions with China.   
 
 iii) The Secretariat Report in page 20 states that  Fiji has “expanded its network of bilateral 
and regional agreements since the last  Review.” Furthermore, in regards to this development, “it 
acknowledges that their proliferation increases risk s of raising business costs by creating excessively 
complex and opaque trade regimes.”   In comparing the two above, it is apparent that Fiji has adopted a policy of embracing 
bilateral and regional agreements while keeping its di stance from bilateral investment treaties. Could 
Fiji elaborate on this policy choice?  
 ANSWER   Investment treaties need to go through the necessary national consultations with all 
stakeholders. Unfortunately, given the number of  regional and multilateral trade negotiations 
that are taking place at the moment, Fiji’s capa city to negotiate invest ment treaties is severely 
constrained. Furthermore, we prefer that investment provisions be incorporated into comprehensive trade and development agreements in order for Fiji to be able to derive 
maximum benefits from such negotiations.  WT/TPR/M/213/Add.1 
 Page 15 
 
 
  iv) Does Fiji envision an adjustment to this policy approach in the near future? 
 
ANSWER 
  Fiji has always maintained an open approac h to trade and investment and believes that 
investment can play a vital role in promoting trad e and development. In this context, Fiji would 
be willing to consider any proposals on trade, in vestment and development in a positive manner. 
Fiji is also exploring a regio nal approach towards these issues.  
 
JAPAN 
 
Secretariat Report (WT/TPR/S/213)  IV.  TRADE POLICIES BY SECTOR (3)  FISHING, FORESTRY, AND MINING 
(i)   Fisheries (Page 92, paragraph 22)
 
 Question 1
 
 
 The Secretariat report states that the Governme nt’s policy objectives are to raise the GDP 
share to at least 3% and fish exports to over F$100 million (i.e. by 15-20%) by 2010.  Please explain 
by which species and fishing methods the Government  of Fiji will increase production and export of 
fish in order to realize the policy objectives. 
 
ANSWER 
 
 Fiji expects to raise its GDP share from th e fisheries sector through increasing exports 
of tuna. The other products that are being ta rgeted include beche-der-mer, pearls, seaweed, 
processing trochus shells into buttons.  Fiji is also developing aquarium fish trade including 
hard and soft corals, invertebrate s and live fish for the aquarium  markets. Fiji expects a huge 
increase in albacore exports becau se our albacore fishery stock is still within sustainable limits 
and is properly managed. The long line fishing method is being used to catch albacore.   
 
(Fishing: (page 92, paragraph 23) 
 
Question 2  
 
 The Secretariat report states that most exported fish is from offshore/industrial areas, either 
caught in Fiji’s EEZ by licensed vessels, or importe d from unlicensed Fiji vessels that are licensed to 
fish in neighbouring EEZ’s (e.g. Vanuatu, Solomo n Islands, and Tuvalu) or the high seas, and are 
based at and land their catch in Fiji.     As Japan gives great importance on the flag state’s appropriate control on its fishing vessels’ 
operations in the high seas, please explain how th e Government of Fiji implements licensing on Fiji 
vessels which operate in the high sea s.  In addition, please provide the legal text which describes in 
the Fiji’s customs law system the status (country of  origin) of the catch by those Fiji vessels in 
neighbouring EEZ’s and in the high seas.  
ANSWER 
  The Licensing Authority at the Ministry of Fisheries and Forests started to issue high seas fishing permits in July 2004. Fiji is required to issue these permits and control fishing in the 
high seas under the Western and Central Pacific Tuna Convention (WCPTC).  This WT/TPR/M/213/Add.1 
Page 16  
 
 authorization gives due recognition to all Fiji’s reg istered fishing vessels and allows them to fish 
in the high seas. The Fiji Islands Maritime Sa fety Administration (FIMSA) is responsible for 
registering fishing vessels. This arrangement a llows Fiji to control and effectively monitor 
illegal, unreported and unregistered fishing vessels.   
 In October 2009, this policy is expected to be incorporated into the fisheries legislation 
when it will be reviewed to ensure its compatibility with the WCPTC.     The Interim High Seas permit control mechanism involves the following process and 
procedures: 
 
 (i)  Companies requiring high seas fishing permits submit an application which must 
include the vessel name, the date of the application,  the details of the call sign, the nationality of 
the applicants and the registration number. Th e application must also include company name, 
address, the post office box number, telephone num bers, fax numbers and email address. If the 
application meets all the prescribed requirements, th e Interim High Seas fishing permit is then 
issued with conditions.   (ii)  The high seas permit is valid for one fishing trip only and expires at the time the vessel returns to Suva, Fiji. The vessel must en sure that its Automatic Location Communicator 
(ALC) is on and logged in at all times while fi shing in the high seas or in any other waters 
including during transit. If its ALC malfunctions, the vessel must immediately return to Suva as 
directed by the issuing officer. The interim permit together with the ships registration 
certificates have to be displayed at the wheel ho use where they can be eas ily accessed by the Fiji 
Fisheries enforcement officers or other authorized officials.   
 (iii)  Other mandatory requirements that w ill be inspected by the Fisheries enforcement 
officers prior to and on arrival into Suva port will include: valid authorization from FIMSA that the vessel and its manning is qualified for high seas fishing; international registration, call 
sign and vessel name must be printed according to UN FAO Standard;  flying the Fiji flag at the 
stern of the vessel at all times;  having a South Pacific Regional Longline Fishing Log (in English language) on board which must be mainta ined daily and the ships log books must also 
be displayed;  observing all the other statutory fishing requirements. 
  The High Seas Fishing permit authorizes the fishing vessels to fish only in the high Seas of the Western and Central Pacific Ocean. Tuna in the WCP area are highly migratory and travels through many EEZ of neighbouring countr ies and territories. The catch of fish in the 
high seas is one of the issues which are being di scussed in the WCP. However, if the fish is 
caught in the WCP high seas area, then th e origin of the catch is the WCP area. 
 Question 3
 (page 93, paragraph 25) 
 
 The Secretariat report uses the term “globally sourced fish”.   
 
 Please explain how the state of origin fo r the “globally sourced fish” is decided. 
 
ANSWER 
 
 The concept ‘‘globally sourced fish’’ is a term  that has been used in the context of the 
EPA negotiations and since negotiations are still  ongoing, further details would be provided 
when the negotiations are finalised.   WT/TPR/M/213/Add.1 
 Page 17 
 
 
 CANADA 
 
Report by the Government (WT/TPR/G/213) 
Part IV. Trade Policies and Practices by Measu re: (1) Trade Policy Measures Affecting Imports 
(iii) Trade Facilitation; paragraph 60, page 19  
 
Question 1  
 
 The report states, “Fiji is a member of various  organisations which de al with standards and 
technical requirements and uses international standards  in order to facilitate trade. Reforms in the 
Department of Quarantine and Inspection Services started in January 2005, the recommendations for 
reforming the Department were adopted in 2006 and a Charter Administration Committee (CAC) was 
formed in 2007 to oversee their implementation. Th e main objective of the reform is to replace the 
Department with a statutory Bio-Security Authority  of the Fiji Islands by 2008, which will be created 
under a Bio-Security Act that would merge the Plant Quarantine and Animal Importation Acts. The 
Bio-Security Bill is currently being reviewed by the Attorney-General. The Act will also address a 
number of bio-security issues including the establis hment of enquiry points required under the SPS 
Agreement.”   Will Fiji add, remove or change any of its san itary or phytosanitary meas ures in the process 
of creating the Bio-Security Act? If so, could they please provide details? 
 
ANSWER   The Bio-security Act will introduce some ch anges which are aimed at facilitating trade, 
improving border services and improving co mpliance with the SPS Agreement. Detailed 
provisions of the implementation of the Act will be provided in the Regulations which are in the 
process of being developed.    Fiji will continue to work with relevan t SPS organisations including Codex, IPC and 
OIE to address SPS related issues. Aid for Trade w ill also be required to establish the necessary 
institutions and review the SPS related laws to en sure that they are fully compatible with the 
SPS Agreement. 
 Report by the Secretariat (WT/TPR/S/213)  Part III. Trade Policies and Practices by Measure 
(2) Measures Directly Affecting Imports; (v) Contingency Measures; paragraph 59, page 64
 
 Question 2
 
  The report indicates that the responsib ility for administering the anti-dumping and 
countervailing duty legislation was transferred to th e Ministry of Industry, Tourism, Trade and 
Communications in January 2007. It also mentions that the Department of Fair Trading and 
Consumer Affairs conducts investigations and makes recommendations to the Minister, who decides 
whether to impose anti-dumping or countervailing du ties. The Ministry of Finance sets the level of 
such duties.  
 i) Could Fiji please indicate whether the De partment of Fair Trading and Consumer Affairs 
falls within the Ministry of Industry, Tourism, Trade and Communication?  WT/TPR/M/213/Add.1 
Page 18  
 
 ANSWER 
  Yes. However, it should be noted that the Anti-Dumping and Countervailing Duty legislation was transferred to the MITTC in 1998 and not 2007.  
 ii) Could Fiji specify who is responsible fo r determining: whether there is dumping and/or 
subsidizing; and whether the dumped/subsidi zed imports injure a domestic industry?  
 ANSWER  
 As provided for under the legislation, following an investigation and advice by the 
Department of Fair Trading and Consumer Affa irs, the Minister for Industry, Tourism, Trade 
and Communications determines whether or no t the goods are dumped and/or subsidised.  
  As provided for under the legislation, follo wing advice by the Department of Fair 
Trading and Consumer Affairs, the Minister fo r Industry Tourism, Trade and Communications 
determines whether the dumped/subsidised impo rts causing serious injury to a domestic 
industry or not.     iii) Could Fiji please provide more information on the role of the Ministry of Finance in setting the level of anti-dumping and countervaili ng duties and the process for making such a 
determination?  
 ANSWER   The domestic industry will apply to the Department of Fair Trading and Consumer 
Affairs which will conduct an investigation to  determine whether the products have been 
subsidised or dumped. If an application is  accepted, the Department must advise the 
government of the exporting country concerned. A pplicants will then be advised as soon as 
possible whether the Department is satisfied th at there is sufficient evidence to justify the 
initiation of an investigation. The initiation of the investigation is then made public through notification in the Government Gazette and to all stakeholders. After the Minister has 
determined that the products are dumped or subs idised, then the Minister of Finance role is to 
determine the level of antidumping and counterva iling duties. The level of anti-dumping duty to 
be imposed is based on the evidence of margin  of dumping found by the Department of Fair 
Trading and Consumer Affairs. 
 
Part III. Trade Policies and Practices by Meas ure: (4) Measures Affecting Production and 
Trade; (v) Standards and other technical requirements; (c) Quarantine requirements; 
paragraph 103, page 76  Question 3
 
 
 Canada notes that according to the report, F iji is awaiting promulgation of “a statutory 
Biosecurity Authority of the Fiji Islands, to be created under a Biosecurity Act, which would merge 
the Plant Quarantine and Animal Importation Acts”.  One purpose of this new Authority would be to 
reduce delays in issuing import permits, incons istency in standards, non-compliance with the WTO 
SPS Agreement, and to improve service quality a nd delivery.  Canada applauds this development.  
 
 In December 2007, Canada wrote Fijian author ities to provide a Canadian Food Inspection 
Agency science-based export certificate to allow for Canadian pork exports to  Fiji. Canada exports 
pork to over 100 markets worldwide.  Unfortunatel y, Fijian authorities have continued to delay  WT/TPR/M/213/Add.1 
 Page 19 
 
 
 responding to this request, despite repeated attemp ts to contact Fijian authorities including most 
recently in November 2008.     Canada respectfully asks when Fiji will be in a position to approve the proposed export 
certificate for Canadian pork? 
 
ANSWER   Fiji expresses regret on the delay in processi ng the export certificate for Canadian pork. 
Fiji will take the necessary measures to expedite  the application within the ambits of the new 
Biosecurity Act and looks forward to further co nsultations with Canada in this regard.  
 
NEW ZEALAND 
 Tariff Bindings (WT/TPR/S/213 p. 50 para 29) 
 
Question 1
 
 
 Under the Uruguay Round, Fiji negotiated bound tariff rates which are in general 
significantly higher than applied rates.  This leaves considerable room for fluctuation in tariff rates.  
Has Fiji made any assessment of how annual changes to applied tariff rates ha ve affected confidence 
and certainty amongst traders and impa cted on volumes of trade? 
 
ANSWER 
  Fiji undertakes consultations with traders and other stakeholders before tariffs are 
reviewed during the annual budget process, with changes only being made on a limited number 
of lines to address policy objectives. Several fact ors including the impact of annual changes in 
applied tariffs on traders are taken into account before the budget is announced.  
  Fiji needs the flexibility to adjust its tariffs  within the confines of its WTO commitments 
to be able to raise revenue as well as achieve ot her development goals. For example, in 2008, Fiji 
utilised this flexibility and some tariffs on basic food items (rice, canned fish, and edible oil) 
were reduced to 0% to ease the burden on consum ers. The income tax threshold has also been 
increased and Fiji has lost about F$22 million. These developments have put a lot of pressure on 
revenue and it is under these limited circumstances that Fiji has adjusted its tariffs to recover 
lost revenues. 
 
 Traders should be able to draw sufficient confidence to trade with Fiji from Fiji’s low 
modal applied rates that are a resu lt of autonomous liberalisation. 
 Question 2
 
 
 Page 50, paragraph 29 of the Secretariat’s report notes that Fiji has previously indicated that 
tariff protection is to be phased out, but has set no timetable. Has progress been made in developing a 
timetable? 
 
ANSWER 
 
 The fiscal and macroeconomic challenges that Fi ji is facing have compelled it to adjust 
its tariffs over the years which has resulted in a slight increase in the average applied tariffs. 
Tariffs play a vital role in terms of generati ng revenue and infant industry protection. The WT/TPR/M/213/Add.1 
Page 20  
 
 Government will continue to utilise its right to adjust tariffs within the confines of its WTO 
commitments in order to meet other e qually competing social objectives.  
  In the long term, Fiji will reduce its tariffs but this would be done in a gradual and progressive manner; taking into account its leve l of development and capacity to trade. It 
should also be noted that Fiji has already made commitments to liberalise its tariffs under 
regional trade arrangements (MSGTA, PICTA & EPA) as an initial step towards fuller 
liberalisation at the multilateral level. The timeta ble for tariff reductions will be determined in 
the context of the DDA negotiations.   
SPS Requests (WT/TPR/S/213 p. 76 paras. 102-104) 
 Question 3
 
 
 How many requests for new a ccess for horticultural products has Fiji received in the last five 
years, and how many have been approved.  What is the average time for requests to be considered? 
 
ANSWER 
  In the last 5 years, Fijian has not receive d any request for new access for horticultural 
products. The request would be considered within  a reasonable period of time taking into 
account our resource constraints. However, Fiji will make every effort to ensure that these 
requests are approved as soon as possible taking  into account international guidelines (IPPC, 
OIE, and Codex) on risk assessment, as noted in Art 2.2, and; 6 of SPS agreement.   Question 4
 
 
 It is usual for members to place restrictions  on entry of horticultural products when advised 
of a potential disease contamination.  What is F iji’s procedure for lifting such restrictions once notice 
of the contamination has been rescinded and what fa ctors are taken into consideration?  What is the 
average timeframe for such restrictions to be lifted?  
 
ANSWER   Fiji applies the restriction on importation of horticultural products in accordance to 
Art 2.2 of the SPS agreement. Formalities for lifti ng restrictions are undertaken once the risk is 
deemed acceptable, with appropriate advice issued by the National Plant Protection Office 
(NPPO).  
 Question 5
 
 
 When is Fiji’s new Biosecurity Agency due to establish operations?  
 
ANSWER   Fiji promulgated the Biosecurity Bill on 19 December 2008. However, technical 
consultations including the re-organisation of  the Department of Quarantine into the 
Biosecurity Authority of Fiji need to be  undertaken before implementation. Relevant 
regulations will also need to be drafted.    WT/TPR/M/213/Add.1 
 Page 21 
 
 
 Aid for Trade (WT/TPR/G/213 p. 26 Para 85) 
 
Question 6  
  Could Fiji outline some examples of how they have sought to mainstream trade into their 
Sustainable Economic and Empowerment Development Strategy (SEEDS) 2008-2010, and how Fiji 
incorporates trade needs into its process of id entifying priorities for development assistance?  
 ANSWER  
 The SEEDS 2008 – 2010 takes into account existing institutions or mechanisms of 
government such as Fiji’s National Trade Facilitation Committee which will be used to 
mainstream trade into our national econo mic and development-related strategies. 
  Fiji conducted the Trade Facilitation N eeds Assessment workshop in July 2008 re-
activated the National Trade Facilitation Committee. The NTFC is currently working on the 
preparatory work which needs to be undertaken in the context of the proposed modalities under 
the current negotiations in the WTO on Trade Fa cilitation. The NTFC has been mandated to 
perform the following functions:     Facilitate communication and cooperation be tween relevant Government, private sector 
and civil society bodies in order to reduce practica l impediments to Fiji’s external trade.  The 
NTFC will provide a forum in which private sector and civil society can raise their trade concerns.  It also provides a forum in which Government bodies can report on existing and 
proposed policies and procedures that affect Fiji’s external trade.  
 Suggest legislative, regulatory, institutional and procedural changes to facilitate trade.  
This function will involve:  recommending time frames for responses by Government bodies to 
concerns raised by private sector and civil so ciety institutions, in order to promote the 
accountability of members/co-opted participants  to the NTFC;  recommending timeframes for 
actions by private sector and civil society in stitutions to increase awareness among their 
members of new or proposed policies or procedures affecting external trade;  undertaking 
reviews of specific policies or procedures and their impact on external trade.  
  Actively increase awareness amongst the privat e sector and civil society on legislation, 
regulations and procedures affecting external trade.   
 Provide a forum in which the private sector and civil society institutions can contribute 
to reviews of existing legislation, regulations a nd procedures affecting external trade.  This will 
include:  generating overarching guidelines fo r all Government policies and procedures 
impacting on external trade;  instigating processe s that integrate private sector needs into trade 
facilitation initiatives;  enhance national trad e facilitation processes through regional and global 
cooperation.  This will include:  extending cooperation on trade facilitation issues to other 
members of PICTA, as part of the unfolding Fo rum Secretariat trade facilitation initiative;  
securing technical assistance for trade facilitat ion through the PICTA, PACER, Cotonou/EPA 
and WTO agreements.    Any other functions relevant to the objectives of the NTFC, regarding the activities, 
practises and formalities involved in collecting,  presenting, communicating  and processing data 
required for the movement of goods and services in international trade.    Further, Fiji’s NTFC has 4 subcommittees cov ering trade facilitation issues relating to 
Customs, Quarantine, Bio-security and Health , Standards, and Immigration and Passenger WT/TPR/M/213/Add.1 
Page 22  
 
 Clearance. These sub-committees report regularly to the main NTFC body. The efficiency and 
effectiveness of the NTFC will be reviewed an nually for continuous improvement and this 
information will be made available to the public.   Fiji has also developed its Export Deve lopment Strategy which would be used to 
promote exports of key products and services to meet the goals of SEEDS. Furthermore, Fiji 
together with the other 13 Pacific Island countri es are conducting studies to identify and 
prioritise their Aid for Trade needs that woul d be submitted to donors for funding under the 
proposed Pacific Trade and Development Facility.  
 To mainstream trade policy formulation in government, key agencies like the Ministry 
of Finance and the Ministry of Agriculture ha ve established Trade Units to focus on trade 
issues.  Question 7
 
 
 Has there been any assessment of how effective th e trade-related assistance has been that Fiji 
has received, and whether there are any lessons about what has been effective? 
 
ANSWER 
 
 Broad studies have been conducted not only to assess the effectiveness of trade-related 
assistance but also to identify Fiji’s trade need s and priorities. Currently, another study is being 
conducted by the Pacific Islands Forum Secretariat (PIFS) to compile a matrix of existing Aid 
for Trade programmes, identify gaps, prioritise project proposals and determine how best these 
projects that are either of a national or regional nature can be funded. The study is expected to 
be discussed at the Round Table Meeting on Aid for Trade that would be organised by PIFS in 
early July 2009. 
  
Investment Incentives (WT/TPR/G/213 p.10 para 20) 
 Question 8
 
 
Page 10, para. 20 of Fiji’s report refers to gen erous incentives introduced during the 2009 budget to 
promote investments in agriculture.  What form  do these incentives take and are they available to 
international investors?  
 
ANSWER   The policy was developed to strengthen larg e scale commercial agriculture farming. The 
income of any new activity in commercial agricultural farming in agro-processing and established between 1 January 2009 to 31 December 2009 shall be exempt from tax as follows:   
capital investment from F$250,000 to $F1 million , for a period of 4 consecutive years; or capital 
investment from F$1 million to F$2 million, for a period of 7 consecutive years; or capital 
investment from above $F2 million , for a period of 10 consecutive year.   The income of any new activity established from 1 January 2010 to 31 December 2012 shall be exempted from tax for 10 years, with  the capital investment of F$2 million or more. 
 
 The incentive is available to bo th local and foreign investors. 
 
   WT/TPR/M/213/Add.1 
 Page 23 
 
 
 BRAZIL 
 Question 1
 
 
 The report of the Secretariat mentions in paragraph 96 that Fiji has approximately 60 
standards. No reference is made in the section to technical requirements nor conformity assessment 
procedures. Does that mean that all requiremen ts made by Fiji have non mandatory nature?  
 ANSWER  
 Fiji has mandatory and voluntary standa rds. There are 61 voluntary standards which 
are adopted from Australian or joint Australia n and New Zealand Standards. Compliance with 
these standards is not mandatory; theref ore monitoring is not required.  
  Fiji has four mandatory standards (tec hnical regulations) and three of them are 
enforced under the Trade Standards and Qua lity Control Decree 1992. The four mandatory 
standards are:  (i) Trade Standards (Fuel Standard s) Order 2007;  (ii) Trade Standards (Bottled 
Water Standard) Order 2004;  (iii) Trade Standards (Shop Goods Fireworks Labeling 
Standard) Order 2005;  (iv) Trade Standards (Household Electric Refrigerating Appliances) 
Order 2007.  
Question 2
 
 
 Paragraph 99 of the report of the Secretariat states that 11 licensed wholesalers in Fiji may 
import pharmaceuticals. What are the criteria used to  grant those wholesalers the license to import?  
 
ANSWER   The Pharmaceutical and Wholesale License under Cap 115, Pharmacy and Poisons Acts requires wholesalers importing pharmaceuticals to submit an application. The application must 
include the description of medicines in respect of which the license is required, either by specifying the descriptions of the medicine in question or by way of an appropriate general 
classification. 
  The other factors considered by the Board in dealing with an application include:  safety 
of medicines of each description to which the application relates efficacy of medicines of each description for the purposes for which the medici nes are proposed to be administered;  quality 
of medicines of each description, according to the specifications and the (proposed) method to 
manufacture, and the provisions proposed for ensuri ng that the medicines sold or supplied will 
be of that quality. 
 
AUSTRALIA 
 
ECONOMIC ENVIRONMENT 
(2) RECENT ECONOMIC DEVELOPMENTS  Question 1
 
 
 Australia has concerns about the stability of Fiji’s foreign currency reserv es.  What steps is 
the interim government taking to  ensure the sustainability of its foreign currency reserves, 
particularly in light of a continuing merchandise trade deficit, decreased tourism revenue, decreased 
remittances and limited FDI?  WT/TPR/M/213/Add.1 
Page 24  
 
 ANSWER 
  Although the stock of gross foreign reserves level has declined somewhat last year, it has always been adequate to serve Fiji’s extern al payment needs by international standards 
(measured in month of imports cover).  Nevertheless, the effects of persistent trade deficits over 
the years are weighing heavily on foreign reserves.   
  With the global financial crisis, it is exp ected that temporary earnings from tourism, 
remittances and FDI will be affected negatively.  But on the flip side, the merchandise trade 
balance is expected to improve, with the reduction in value of mineral fuel imports. In addition, 
according to the RBF, if errors & omissions in the Balance of Payments are taken into account 
the trade deficit improves significantly.    Notwithstanding, the challenges to the bala nce of payments, adequate measures have 
been taken to improve Fiji’s external positi on and these include:  consolidating government 
finances;  implementing the National Exports St rategy to encourage exports of traditional and 
new commodities (especially in under-develope d areas of the country);  promoting import-
substitution in viable industries, especially in the agricultural and bio-fuels area for food and 
fuel security in future.  This will act a as safety  net in future for the economy and also minimise 
the effects of global prices shocks to Fiji’s  economy.  Aggressively promoting tourism;  
increasing the Statutory Deposits Reserve comp onent which controlled the credit ceiling and 
thereby restrain credit growth and arrest increa sed consumption;  encouraging offshore 
financing for capital projects;  promoting Foreign  Direct Investment in agriculture, alternative 
energy programs, ICT and tourism through WTO consistent fiscal incentives.  
 
TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
 
TRADE AGREEMENTS AND ARRAGEMENTS FIJI AND THE WTO (Notifications and Dispute Settlement)  Question 2
 
 
 The Secretariat’s Report (Paragraph 25 on page  27) notes that Fiji had 32 notifications 
outstanding at the end of September 2008.  Austra lia notes that Fiji has not provided agricultural 
notifications on domestic s upport commitments since 1998. 
  Can Fiji indicate when it will submit its out standing notifications to allow WTO members to 
review Fiji’s compliance with its WTO schedule?  
ANSWER 
  Fiji lacks the administrative and technical ca pacity to establish effective contact points 
to coordinate its WTO notifications. This has been  identified as a priority. However, Fiji would 
require technical assistance to expedite the submission of outstanding notifications.  
 
(ii) PREFERENTIAL, REGIONAL  AND BILATERAL ARRANGEMENTS 
 Regional Arrangements 
 
Question 3
 
  The Secretariat’s Report (Paragraph 40 on page 33) refers to the EU Economic Partnership 
Agreement (EPA) being negotiated with Fiji (and Papua New Guinea).  WT/TPR/M/213/Add.1 
 Page 25 
 
 
  Can Fiji provide an update on the negotiations on the EPA, a copy of any interim agreements, 
and the implications of finalizing this agreement for Australia  and New Zealand? 
 ANSWER  
 The appropriate information will be made available when the negotiations are 
concluded.  
 
TRADE POLICIES AND PRACTICES BY MEASURE 
MEASURES DIRECTLY AFFECTING IMPORTS 
ii) Tariffs
 
 Question 4
 
 
 Australia acknowledges that Fiji intends to eventually phase out tariff protection for domestic 
industries (Secretariat Report,  Paragraph 29 on page 50). 
  If this is the case, why have tariffs (simpl e average and agricultural products) risen gradually 
since 2003?  (Secretariat Report, Chart III. 1 on Page 53) 
 
ANSWER 
 
 The challenges that Fiji is facing compelled it  to adjust its tariffs over the years and this 
resulted in a slight increase in the average applie d tariffs. Tariffs play a vital role in terms of 
generating revenue and infant industry protectio n. The Government will continue to utilise its 
right to adjust tariffs within the confines of its WTO commitments in order to meet other 
equally competing social objectives.  
  In the long term, Fiji will reduce its tari ffs in a gradual and progressive manner, taking 
into account its level of development and capacity to  trade. It should also be noted that Fiji has 
already made commitments to liberalise its tari ffs under regional trade arrangements (MSGTA, 
PICTA & EPA) as an initial step towards fuller lib eralisation at the multilateral level. Fiji will 
continue participating in the Doha Developmen t Round and will support the final decisions on 
tariffs reduction that would be agreed by all WTO members.   Question 5
 
 
 One of Fiji’s agriculture policy goals is to almost halve fruit and vegetable imports in 2010 
(Secretariat Report, Policy by S ector, Paragraph 11 on Page 88). 
  i) Can Fiji provide more detail on how it intends  to achieve this goal?  Will it include further 
tariff protection or import restrictions?  
 ii) How will achievements of this goal interact with the intention of lowering tariffs on input 
products for agriculture? 
 
ANSWER  
 
 The Ministry of Primary Industries along with multilateral agencies and the private 
sector are working together to build productive capa city to be able to supply these products to 
the local as well as the export market. These ar e areas where Fiji has a competitive advantage 
but production is being hampered by supply-side constraints as well as demand side constraints 
including SPS and market access related issues.  WT/TPR/M/213/Add.1 
Page 26  
 
  
 By addressing these constraints, Fiji would be  able to produce enough products for the 
local market and export the surplus.  Fiji do es not intend to use further tariff protection or 
restrictions to achieve its goals. Its programm es will focus on institutional strengthening, 
capacity building on HACCP and related regul ations, infrastructure development, and 
improving extension services amongst other things. 
 MEASURES DIRECTLY AFFECTING EXPORTS Export assistance
 
 
Question 6  
 
 Australia notes that sugar is one of the ma jor agricultural commodities of Fiji, providing 
employment for a significant percentage of th e population (Secretariat’s Report, Paragraph 16 on 
page 89). 
 
 i) Can Fiji provide an update on the impact of the severe flooding in January this year and associated damage to suga r crops and infrastructure? 
 ANSWER  
 The current assessment of the damages ca used by the severe flooding that hit the 
country in January 2009 stands at F$112 m illion and may increase further as assessments 
continue. The most affected areas were the majo r towns in proximity to the tourism and sugar 
cane belts.   
 The damages for sugar and crops amounted  to F$40.7 million and those for related 
infrastructure included F$63.5 million.   ii) Fiji faces declining prices for its sugar ex ports over the next few years.  Can Fiji outline 
what work is underway to improve productivity  and competitiveness in the sugar industry? 
 
ANSWER   The Fiji Sugar industry is currently in tran sition moving from an industry which over 
several decades has been dependent on preferential  EU sugar price to being globally competitive 
through a number of reform programs and industry initiatives. 
 
 The major reform programs and industry initiatives include the:  Mill Upgrade Program;  Cane Development Program;  Institutional Structure;  Fertilizer Situation.  (i) Mill Upgrade Program  
 The Mill upgrade program is aimed at improving the reliability (reduce downtime 
resulting from breakdown) and efficiencies (in crease sugar extraction) of the sugar mills, 
produce Very High Polarisation sugar, intr oduce energy conservation measures to enable 
cogeneration of electricity and address environm ental issues associated with milling operations. 
 
 The Mill Upgrade Program is expected to be substantially completed by 31 May 2009 
for the start of the 2009 crushing season. The pr iority for the Corporation is to start the 
crushing season early to produce and export as mu ch sugar as possible to the EU market before 
the massive price reduction of 22% from 1
st October 2009. 
  WT/TPR/M/213/Add.1 
 Page 27 
 
 
 (ii) Cane Development Program 
  The cane production is currently well below the desired levels and a concerted effort 
from all stakeholders including growers, millers, government, NLTB and landowners is 
required to bring production (around 2.4 million tonnes) to the throughput requirement of the 
sugar mills (4 million tonnes). 
  In this regard, the industry plans to plant 6,000 hectares of new cane crop in 2009 so that it can harvest a crop of at least 3 million to nes in 2010. Fiji aims to achieve an overall crop 
target of 4 million tones by 2012 and to est ablish 15% plant cane annually from 2012 and 
thereafter achieve viability and sustainability of the industry through improved and best 
farming practices.  (iii) Institutional Structure  
 Streamlining and restructuring within the Sugar Industry has already begun with the 
closure and abolishment of the Fiji Sugar Marketing and Sugar Commission of Fiji. The Fiji Sugar Corporation will absorb the marketing function while the functions of SCOF will be redistributed amongst Industry institutions.   The Fiji Sugar Corporation has taken over the extension services p reviously carried out 
by the Sugar Research Institute of Fiji, with a view to streamline and integrate services 
provided to growers.  (iv) Fertilizer Situation  
 The supply of affordable fertilizers at the time required by the crop is critical in the 
industry’s efforts to boost production. For the la st 4 years, South Pacific Fertilizers, a private 
company jointly owned by the Sugar Cane Grow ers Council, Fiji Sugar Corporation and Sugar 
Cane Growers Fund has not been able to supply to growers the required quantities of fertilizers at time of need because of financial difficulties.    
 These financial difficulties came about as a result of the company not increasing the 
price of fertilizers to growers despite signif icant price increases in raw materials. 
 The shareholders of the company and Government  are currently examining options that would 
allow SPF to maintain its operations in a sustaina ble manner and continue to provide fertilizers 
to growers at competitive prices. 
 Export Promotion
 
 Question 7
 
 
 Australia notes combined f unding for the Export Promotion Program and Import Substitution 
Plan is set to double to F$5 million in 2009 (Secretar iat Report, Paragraph 12 on page 88).  Can Fiji 
differentiate the funding between the two program s? What does the Export Promotion Program 
involve?  How is funding used?  
ANSWER 
  The programmes in question refer to Govern ment initiatives aimed at facilitating the 
development of the sector through extension services as provided for under Annex B of the 
Agreement on Agriculture. These programmes ha ve been applied on commodity related areas WT/TPR/M/213/Add.1 
Page 28  
 
 and are implemented by the private sector  under the Public-Private Partnership (PPP) 
mechanism. The programmes do not involve tr ansfer from consumers and do not provide a 
level of price support to producers. The progr ams are not aimed at subsidising exports but 
expanding production and food security in rural areas and the outer islands.  
 
 The Government provides grants which are aimed at increasing production of major 
produces such as papaya, taro, and rice amongst other things.    The budgetary allocation for the two progr ams is as follows:  Export Promotion 
Program: F$2 million;  Import Subs titution Program: F$3 million. 
 
(4) MEASURES AFFECTING PRODUCTION AND TRADE Competition law and consumer protection  Question 8
 
  
 Australia notes in Fiji’s Report (Paragraph 68  on page 21) that the interim government’s 
plans to review the merits of price controls”.  Can Fiji provide further information on the proposed 
framework and timeframe of this review process?  ANSWER 
 
 The models on which price control has b een based upon date back to 1985. These 
models which are used by the Prices and In comes Board shall be reviewed taking into 
consideration change in the market structure vis-a-vis for example more retailers now being 
direct importers. More details shall be ava ilable once the reform is completed. 
 
x) Intellectual property rights  Question 9
 
  Australia notes that Fiji is committed to implementing its obligations under the TRIPS 
agreement (Fiji’s Report, Paragraph 69 on Page 22).  
 What measures has Fiji undertaken to fac ilitate the practical implementation of the 
agreement, particularly with regard to breach es of copyright via the pirated DVD market? 
 
ANSWER 
  The Fiji Copyright Act 1999 is aligned to the WIPO requirements on intellectual property rights and also fulfils the TRIPS requirements. Some of the actions that have been undertaken to enforce the provisions of that Act, consistent with Fiji’s TRIPS obligations, are the seizure of pirated material, mostly pirate d DVDs, and the subsequent prosecution of a 
number of offenders. Whilst there has been successf ul prosecution of offenders in only a handful 
of cases, more enforcement actions and prosecution  are expected to occur once amendments to 
Fiji’s Copyright legislation is enacted. The proposed amendment is intended to resolve the 
primary problem currently hindering enforcement actions which relate to the legal burden of proving copyright infringement or piracy.  
 
     WT/TPR/M/213/Add.1 
 Page 29 
 
 
 EUROPEAN COMMUNITIES 
 I. ECONOMIC ENVIRONMENT (3) MAJOR STRUCTURAL DEVELOPMENTS WTO Secretariat’s report, page 14, para. 28  
 
 Labour market rigidity, including excessive di sruptions, continues to hamper productivity. 
Various labour laws and regulatio ns govern employment. However, the Government is attempting to 
introduce more flexibility by moving from an adversarial to a more consultative approach in 
industrial relations. 
 
 The Employment Relations Promulgation, Oc tober 2007, entered into force in April 2008, 
and a number of subsidiary legislation has been promulgated. Mediation bodies, the Employment 
Relations Tribunal and the Employ ment Relations Court, are being established to resolve labour 
disputes efficiently. A Code of Good Faith in Co llective Bargaining has been introduced to guide 
parties on how to resolve employment problems amicably at the enterprise level.  
Question 1
 
 
 Could Fiji further elaborate on how its va rious labour laws and regulations and the 
introduction of a more flexibility appr oach corresponds to ILO Conventions?  
 
ANSWER 
  Fiji has ratified eight core ILO Convention s on the fundamental Principles and Rights 
at Work, in addition to fourteen ILO Convention s. Therefore, we have integrated in our labour 
reform policy framework both the promotion of  Decent Work and Productivity Improvement, 
consistent with our National Decent Work Acti on Plan and National Productivity Charter. 
  The new labour laws promote observance in Fiji of the basic principles and rights underlying the entire ‘eight core’ ILO Conventions.    
 Measures that are being introduced are co nsistent with our ILO commitments. These 
measures include flexibilities that allow Fiji to  use alternative methods of dispute resolution 
rather than resorting only to the adversarial approach.  WTO Secretariat’s report, page 28, para. 28  
 
 The report notes that Fiji has a multi-faceted approach to trade and has expanded its network 
of bilateral and regional arrangements since its la st Review. It pursues trade policy objectives at the 
multilateral, regional, and bilateral l evels, and has several such agreements.  
 
Question 2
 
 
 Could Fiji elaborate further on how its mu lti-faceted approach inte nds to encourage 
sustainable development and core labour standards in its expanded network of bilateral and regional 
negotiations? 
 
ANSWER   Fiji is committed to promoting sustainabl e development and core labour standards in 
line with our international commitments under the UN and other multilateral institutions. 
However, Fiji is of the strong view that issues pertaining to sustainable development WT/TPR/M/213/Add.1 
Page 30  
 
 (environmental standards) and labour standards should not be pre-conditions for market access 
in trade agreements. 
 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(6) TRADE AGREEMENTS AND ARRANGEMENTS 
WTO Secretariat’s report, page 34, para.40 and page ix, para.14 
 EC Comment to the WTO Secretariat   Paragraph 14 indicates that “EPA negotiations , including those involving other Pacific 
island States, reconvened in September 2008.  They agreed on a ‘rendezvous clause’ requiring the EC 
to commit to labour mobility proposal s before negotiations continue”. 
  The statement above is incorrect. No agreemen t on a rendez-vous clause has been reached. 
Inclusion of services provisions in the full EPA remai ns one of the major outstanding issues in the 
negotiations. The EC sees the mode 4 negotiations  as negotiations on economic activities performed 
by services providers moving on a temporary basis and not as negotiations on activities that require 
hiring people on a permanent basis and thus the entry into the employment market. Commitments 
on low skilled workers would in principle imply en tering the employment market. Clear distinction 
should be done between mode 4 and labour migration, the latter being outside the scope of trade 
agreements. 
 
 The EC requests the WTO Secretariat to modify paragraph 14 accordingly.  ANSWER  
 We agree with the EC that no agreement ha s been reached on the rendezvous clause. 
However, we disagree with the other comments th at have been made with respect to our mode 
four proposal. The PACPS submitted a comprehen sive proposal on Mode 4 seeking meaningful 
commitments from the EC on this sector. We a re not interested in permanent migration but in 
the temporary movement of natural persons for sufficient duration, taking into account those 
service sectors that are of export interest to our region.  
 
 We firmly believe that our mode four propos al is one of the ways in which an EPA can 
become a truly developmental instrument. The EC has always indicated that an EPA is a 
development instrument and in this context, ou r Mode 4 proposal is fully compatible with 
GATS and the development dimension of the EPA. 
 
EC Comment to the WTO Secretariat    In addition, the report notes that the “authorities stated that Fiji faced ‘immense’ pressure from the EC to sign an Economic Partnership  Agreement (EPA); it initialled an interim EPA 
in November 2007.  Fiji's EC trade is subject to  a temporary market access extension under the 
Cotonou Agreement, enforced through EC legisla tion until end 2008 when the EPA is due to be 
signed.  Otherwise, Fiji's EC market access will r evert to much less favourable GSP treatment".  
  This statement is incorrect and the EC request s the WTO Secretariat to take good note of the 
following remarks and modify it accordingly. 
 
 Pacific countries were in no way caught by su rprise in relation to the phasing out of the 
unilateral granting of preferences by the EU unde r the Cotonou Agreement of 2000. The Cotonou 
Agreement was agreed jointly between the ACP co untries and the EC. The Cotonou Agreement, in 
providing that the non-reciprocal preferences grant ed under the Fourth ACP-EC Convention would  WT/TPR/M/213/Add.1 
 Page 31 
 
 
 be maintained during the so-called “preparatory period” (2000-2007) for ACP States, expressed in 
Art. 36.1 a clear commitment for the Parties “t o conclude new World Trade Organisation (WTO) 
compatible trading arrangements, removing prog ressively barriers to trade between them [..]”  
  It is to be further noted that the prepar atory period referenced in the Cotonou Agreement was 
by design intended to allow for capacity building in  both the private and public sectors of the ACP 
States in order to facilitate the transition to  a reciprocal trading environment in 2008. 
Therefore, the EC would like to stress that alleged pressure to finalise EPAs did not stem from EC’s 
negotiating stance but from the necessity to honour WT O obligations and the provisions agreed in the 
Cotonou Agreement.  
 
ANSWER   Fiji agrees that some of the statements in the Secretariat report are inaccurate and need 
to be corrected. However, Fiji is of the view th at apart from the WTO timeline, the EC included 
contentious issues in the EPA text towards th e end of 2007 and ACP countries were pressured to 
initial and/or sign the interim agreement. Fiji will also work with the EC and Secretariat to 
correct these inaccuracies. 
 
III. TRADE PRACTICES AND PRACTICES BY MEASURE 
(2) MEASURES AFFECTING IMPORTS 
1. Customs procedures 
 Question 3
 
 (a) Registration and documentation
 
 
 According to our information, Fiji has publis hed a Customs Service Public Circular No 8 of 
2008, entitled “Guideline for seeking approval from Customs for a concessionary rate of duty on 
locally manufactured goods”. This Circular indicate s that “any goods that are manufactured locally 
for which an importer intends to seek approval from  Customs for a concessionary rate of duty, the 
importer shall first enquire from the local ma nufacturers (at least two) if the goods can be 
manufactured locally before placing any order from  abroad”. This Circular seems to be designed to 
discourage the import of products t hat can be produced locally.  
  Could Fiji confirm whether the abovementioned Circular is currently applied and if so, the 
reasons for having done so?  
 
ANSWER   If an importer wishes to import goods whic h are available locally, he/she can do so and 
pay the normal duty rate (which in many cases  is 32%). However if the importer wishes to 
apply for a concession to import goods which are ava ilable locally, then the Circular is applied. 
If the goods to the specification which the impo rter wants are available locally, the importer can 
still import them but not on a concessionary rate. However, if the goods are available locally but 
not according to the specification which the importer requires, then a concession may be 
granted for importation.  
Question 4
 
  If this measure is already applied, could Fiji indicate when it does intend to withdraw it?  
  WT/TPR/M/213/Add.1 
Page 32  
 
 ANSWER 
  The Circular is applied only in limited cases where the concession is sought. Fiji believes 
that this measure is aimed at facilitating trade and investment. The concession can be granted to 
all the WTO members who apply for the concession  provided they meet the prescribed criteria. 
These concessions are only given in limited cases,  where the products wh ich are available locally 
do not meet the specifications of the importer.   Question 5
 
 
 Could Fiji explain how this measure respects WTO provisions on non-discriminatory 
treatment of imported goods?   ANSWER  
 Fiji believes that these measures are WTO co mpatible because all the imports can be 
imported at the normal rate. The concession app lies to all WTO members that are interested in 
exporting to Fiji and if the products that are lo cally produced do not meet the specifications, a 
concession may be granted to import these products at a lower rate.   
 (b) Valuation procedures  
WTO Secretariat's Report, page 46, para.15  
 Question 6
 
  The Report notes that audit trails are mentione d as a way to determine correct customs value.  
 
 Could Fiji explain the use of such audit trails?   ANSWER   FIRCA will scrutinise previous importations of similar or identical products for value 
determination and provisions of Article 17 WTO Agreement on Customs Valuation are 
followed. The same commodities are risk profiled in ASYCUDA.  WTO Secretariat's Report, page 47, para.16  
Question 7
 
 
 The report highlights that alternate rates (tariff rates) are aimed at addressing under-
declared values (and consequent tariff evasion). 
 
 Could Fiji explain what these alternate rates c onsist of and how they are applied in practice?  
 
ANSWER   Alternate rates can be specific or mixed rat es. An example of specific rate is 18cents\litre 
while an example of mixed rate is 27% or $5,500 whichever is greater. The rates are applied on 
the value or the net mass whichever is applicab le. A total number of 253 items attract specific 
rates.   WT/TPR/M/213/Add.1 
 Page 33 
 
 
 Question 8  
 
 How does Fiji ensure that the valuation rul es, as provided by WTO Customs Valuation 
Agreement, are respected in this context?   
ANSWER 
  The alternate specific rates are used add ress vitiation (shifting) of values. These rates 
are within the WTO limits and do not contrave ne the provisions of the Customs Valuation 
Agreement. 
 
(c) Rules of origin
  
WTO Secretariat’s report, page 48-49, para. 24  EC Comment to the WTO Secretariat  
 
 The report indicates that “[n]egotiations on revisions to the Protocol and rules of origin are to start no later than four years from entry into force with a view to implementing new, simplified 
arrangements based on value-added criteria (with wh ich Fiji is uncomfortable) in the fifth year” 
The Interim EPA does [not] include any referen ce about value-added criteria. Therefore, the 
statement above is incorrect, and the EC requests the WTO Secretariat to modify accordingly. 
 
Fiji Comment   We agree with the EC comment. However, we are concerned that the reviewing of the 
rules of origin, no later than four years in the interim EPA creates investor uncertainty and 
undermines the development dimension of the EPA.  
 (ii) Tariffs
    
  The information contained in the Secretariat's report seems to indicate that there has been a 
tariff upward trend during the last years. In par ticular, it average (unweighted) MFN tariffs have 
risen continuously since 2003 (7.9%), and will rise further in 2009 from 10.4% to 11.3% (Table III.1), 
albeit still below the average of 12.4% estimated for 1996 during the last Review.  This reflects some 
backsliding in Fiji's tariff reforms in re sponse to pressures from domestic industries.
1   
 Question 9
 
 
 Could Fiji explain the reasons why tariffs have been increased?  
 
ANSWER 
  The slight increase in the average applied ta riffs is still below the 1996 average of 12.4%.  
 
 This is a rise of only about 3.4% (7.9% in 2003 to 11.3 % in 2009) which is rather insignificant. The challenges that Fiji is facing compelled it to adjust its tariffs over the years 
and this resulted in a slight increase in the aver age applied tariffs. Fiji’s point of view, tariffs 
play a vital role in terms of generating revenue  and infant industry protection. The Government 
will continue utilising its right to adjust tariffs  within the confines of its WTO commitments in 
order to meet other equally competing social objectives.   
                                                     
 
1 FAO (2003). WT/TPR/M/213/Add.1 
Page 34  
 
  However, in the long term, Fiji will reduce it s tariffs but this would be done in a gradual 
and progressive manner, taking in to account its level of development and capacity to trade. It 
should also be noted that Fiji has already made commitments to liberalise its tariffs under 
regional trade arrangements (MSGTA, PICTA & EPA) as an initial step towards fuller 
liberalisation at the multilateral level. Fiji will continue participating in the Doha Development 
Round and will support the final decisions on ta riffs reduction that would be agreed by all 
WTO members.   Question 10
 
 
 The report does not contain specific inform ation regarding tariff protection and taxation 
treatment of alcoholic beverages and spirits.  Could Fiji confirm whether tariff bindings fo r spirits correspond to current applied tariffs?  
 
ANSWER 
 
 Fiji acknowledges that its applied tariffs fo r certain spirits exceed their bound rates, and 
the reasons for this have been outlined in the Go vernment report. However, this is not reflective 
of Fiji’s overall trade policy and commitment to its WTO obligations.  
 
Question 11
 
 
 Could Fiji describe the excise taxes applied to im ported spirits in comparison to those taxes 
applied to domestic production? 
 
ANSWER 
 
 Fiji has two types of excise duties. One is le vied on domestically produced goods such as 
liquor and tobacco; while the other is levied on im ports. The import excise duty is essentially an 
excise tax and not an import tariff. The fact that  the import excise duty in some cases is applied 
at a higher rate than the excise duty levied to th e equivalent domestic products will be reviewed 
in light of WTO commitments. Excise duties ar e mainly imposed for revenue, environmental 
and health reasons. 
  (vi) Government procurement
 
WTO Secretariat's Report, page 65, para. 61  
Question 12
 
  The Report indicates that all procurement contracts of goods and services above F$ 20,000 
must be approved by the Major Tender Board.   Could Fiji clarify the requirements for approval? 
 
 All procurement of goods and services above  F$20,000 have to follow the normal 
tendering process in consistence with the Fi nancial Instructions provided for under the 
Financial Management Act.  
 The requirements include:  expression of interest in identifying supplies;  request for 
Tender which outlines the terms and conditions of the goods and services to be procured;  
evaluation of Tenders by the Ministries for a pproval by the Major Tenders Board;  review of 
recommendation by an Independent Review Panel if  needed before paper is finally submitted to 
the Major Tenders Board for decision.  WT/TPR/M/213/Add.1 
 Page 35 
 
 
  The Board applies general international standards on Government procurement and the 
approval process is transparent with the object of maximising value for money. Government 
procurement procedures are open to both locals and foreigners.   WTO Secretariat's Report, page 65, para. 62 
 
Question 13
 
  Could Fiji further elaborate on the action that ha s been taken in order to improve government 
procurement efficiency, incl uding reducing corruption?  
 
ANSWER   To streamline processing of specialized infrastructure procurements, infrastructure 
tenders are considered separately by the Public Works Tenders Board. In the short term, the 
Ministry of Finance will decentralise the e valuation of tenders through the Agency Tender 
Board which will oversee the purchasing of goods for government departments and ministries to 
less than $20,000. This is part of the gradua l implementation of the Financial Management 
Reform (FMR) under the Financial Management Act 2004 and the Finance Instructions 2005.   Furthermore, Fiji conducted a review of th e Government Supplies Department in 2007. 
The report recommends the restructure and ration alization of the functions of the Government 
Supplies Department with the view to establishi ng a reformed Fiji Procurement Office. The 
reforms will be undertaken in line with the provisions of the Public Enterprises Act and internationally accepted practices on good govern ance. Fiji will gradually outsource the current 
Government Supplies retail activities, possibly, through joint ventures with established private 
sector retailers.  
  Fiji is currently participating in a study on the inclusion of government procurement in PICTA with the objective of improving efficiency and transparency.    Other than the measures that have been included in the Government Report, Fiji is still 
looking for technical assistance to undertake fu rther reforms on government procurement. 
 (4) MEASURES AFFECTING PRODUCTION AND TRADE 
(v) Standards and other technical requirements WTO Secretariat's Report, page 77, para. 107 
 
Question 14
 
 
 According to article 4 in The International Plant Protection Convention, approved by the 
FAO Conference at its 29th Session - Novemb er 1997 (IPPC), the national plant protection 
organization (NPPO) has some specified main respons ibilities, including the conduct of pest risk 
analyses (PRA), article 4, point 2 f. Pest risk analyses should be carried out according to the 
international standards of phytosanitary measures (ISPM) 2, 11, 20 and 21.   According to ISPM 20, the administrative fr amework of the PRA process should be clearly 
documented, if possible with a time frame for the completion of individual PRAs and with clear 
guidance on prioritization. 
  According to IPPC article 7, 2c NPPOs shall,  on request, make available to any contracting 
party the rationale for phytosanitary requi rements, restrictions and prohibitions. 
 WT/TPR/M/213/Add.1 
Page 36  
 
  With regard to Import Risk Analysis, the EC would like Fiji to clarify the following 
information:  Could Fiji clarify if an import risk analyses  is carried out by the NPPO in Fiji for every 
import or only for products for which there have not yet been conducted a PRA? 
 ANSWER 
 
 As member to the SPS Agreement, as well as the other three sister organizations, Fiji conducts risk assessment analyses based on intern ational standards. The Fiji NPPO works with 
a team of plant patholog ists, entomologists, and veterinary offices within three divisions of the 
Ministry of Agriculture, Quarantine, Research  (Plant Protection), and Animal Health and 
Production. Other institutions are consulted to  assist with the pest risk assessment (PRA) 
depending on the commodity to be imported, such as the Department of Forestry and the 
University of the South Pacific. On PRAs the team will conduct PRA’s only on new products 
where the PRA has not been conduc ted. Nonetheless, if there are new introductions of pests and 
diseases in the exporting countries, PRA’s fo r associated commodity will be reviewed. 
 
Question 15
 
 
 Could Fiji inform if the PRAs are c onducted within a certain timeframe? 
 
ANSWER 
 
 In general, the average PRA’s would take an average of 10 working days, in the absence 
of sophisticated technologies, and considering the  adequate time that may be required for 
checks on the pest and disease status of export ing country. A new commodity for import would 
take an average 3 months depending on appropri ate level of protection in case of unintentional 
introduction of pest and/or diseases.    
Question 16
 
  Could Fiji inform if the rationale for phytosanitary requirements, restrictions and prohibitions are made available? 
 
ANSWER 
  Yes. The rationale for phytosanitary re quirements can be made publicly [in the 
Government Gazette] available within the confines of its resources. 
 
Question 17
 
 
 The report indicates that "Imports of all fruits and vegetables, cut flowers, coconuts, 
mushrooms, rice and other grains, nuts, and kernels require a quarantine permit and a phytosanitary 
certificate from the exporting country." The EC would li ke to note that according to article 7 of SPS 
Agreement, members shall notify changes in their sanitary or phytosanitary measures and shall 
provide information on their sanitary and phytosanita ry measures in accordance with the provisions 
of Annex B in the SPS agreement.   With regard to quarantine permits, could Fiji  explain if the import permits specifies any 
phytosanitary conditions the products have to meet, and if so where the importers can find 
information on which conditions have to be met for certain products? 
  WT/TPR/M/213/Add.1 
 Page 37 
 
 
 ANSWER 
  Yes, Fiji adheres to IPPC requirements on quarantine import permits which have to be accompanied by phytosanitary conditions that have to be met and it is the responsibility of the 
exporter to comply with these conditions. If the co nditions stipulated in the permit are not met, 
the consignment maybe destroyed or returned at  the importers’ expense. However, Fiji 
quarantine has yet to formulate a database and in formation dissemination system to facilitate 
related conditions. 
 
Question 18
 
 
 The report notes that “[m]any (e.g. citrus fruit)  must be treated with methyl bromide in the 
exporting country."   Could Fiji clarify if the treatment of citrus fruits with methyl bromide, in the exporting 
country, will continue to be compulsory, and if other and less hazardous treatments have been 
considered?  ANSWER   Fiji will continue to request exporting count ries of fresh fruits and vegetables to treat 
these products with methyl bromide. However, the Government is committed to phase out the 
use of methyl bromide and chlorofluorocarbon  (CFC) by 2010 and implement its commitments 
under the Montreal Protocol on substances that de plete the ozone layer. Alternative measures 
are being tested and the factors are being cons idered. Some of the alternatives that can be 
considered include Hydrogen Cyanide; Phosphine; heat treatment, and; the greenhouse system. 
However, with current research being underway, Fi ji is obligated to notify members on the 
alternate treatment once recommended.  
 
WTO Secretariat's Report, page 77, para. 108 
 Question 19
 
 
 In paragraph 108, the WTO Secretariat’s report notes that "[w]hile there are a couple of seed importers, regular access to seeds is hampered by di fficulties in meeting the quarantine requirements. 
All seed imports or plant and plant parts are subject  to mandatory risk assessment." In this regard, 
the EC would like to recall the following related regulations. 
 
 According to IPPC, article 6 on regulated pests NPPOs may require phytosanitary measures 
for quarantine pests and regulated non-quarantine pests, pr ovided that such measures are:      a) no 
more stringent than measures applied to the same p ests, if present within the territory of the importing 
contracting party; and b) limited to what is necessa ry to protect plant health and/or safeguard the 
intended use and can be technically justified by the contracting party concer ned. Contracting parties 
shall not require phytosanitary measures for non-regulated pests. 
  According to article 7 on import requirem ents NPPOs shall, immediately upon their 
adoption, publish and transmit phytosanitary requirem ents, restrictions and prohibitions to any 
contracting party or parties that they believe ma y be directly affected by such measures. 
 
 According to ISPM 19 a list of regulated pests should be published.  WT/TPR/M/213/Add.1 
Page 38  
 
   With regard to quarantine requirements fo r seeds for sowing, could Fiji inform if a 
publication of the phytosanitary regulation, including a list of regulated pests, has been done, and if not, when publication is planned?   
 ANSWER 
 
 A draft Biosecurity Promulgation is being finalised. The promulgation once implemented shall contain a full list of regulated p ests. It is envisaged that the promulgation will 
be put in place within two years.   
IV. TRADE POLICIES BY SECTOR 
(3) FISHING, FORESTRY AND MINING WTO Secretariat’s report, page 84, para 3.  EC Comment to the WTO Secretariat 
 
 Paragraph 3 does not include accurate inform ation and should be modified as follows: 
“Strict rules of origin on fish exports under Coto nou Agreement were a limiting factor to exports 
according to the Pacific ACP. The rules we re substantially relaxed under the EPA and had 
considerable development potential for a number of Pac ific States. However, Fiji has not been able to 
draw fully benefits from the provis ions  following the EC's decision to prohibit all Fijian fish exports 
on SPS grounds in May 2008”.   
 Fiji Comment    Fiji agrees with the EC’s observations on the link between the rules of origin and SPS. 
However, Fiji proposes the removal of the wo rd ‘substantially’ in the second line of their 
comment.    WTO Secretariat's report, page 93, para. 26  Question 20
 
 
 The report notes that “the EU prohibited all im ports of fish from Fiji in May 2008, based on 
claims that serious deficiencies in Fijian inspec tion and processing requirements potentially put their 
consumers at risk”.  
 What is the latest development in Fiji in brin ging the fisheries sector in compliance with C S 
requirements? What concrete steps does Fiji undertake for improving the situation?  
 ANSWER   Through assistance from the Strengthening Fisheries Programme, a consultant spent 8 
months working directly with the Competent Authority and other relevant stakeholders to 
address the deficiencies that led to the de-listing. Actions taken in this regard include:  The creation of a Food Unit to enforce and ensu re compliance with the EC SPS requirements.  
Training of staff on EU SPS legislation incl uding HACCP, GHP, SSOP, Food Microbiology, 
Food safety, Sampling protocol, Auditing and veri fication and development of a checklist.  All 
staffs of the Unit have been HACCP certified and the representatives of various establishments 
have also been trained.  Auditing of Landing  Sites.  Improvement on documentation.   
  Auditing- all establishments have now been audited and corrective action report given to FBO's to monitor compliance. The Competen t authority is now ready to conduct effective  WT/TPR/M/213/Add.1 
 Page 39 
 
 
 audit of transport, vessel, ice plants, prerequisite programs, infrastructure and the HACCP 
Plan carrying of monitoring and verification of  water and ice sampling, fish sampling and swab 
sampling.  Development of SOP and Manual of Ch ecklist for the CA.  Drafting of the New Food 
Safety Regulation 2009 which is curren tly being considered by the Minister.  
 
 Further modules of SFP assistance are expected to assist Fiji in meeting any outstanding 
deficiencies before the inspection by relevant EC au thorities in early June 2009, and it is hoped 
that Fiji will have met all requireme nts by the time of the inspection. 
 
EC Comment to WTO Secretariat 
 
 The EC would like to note that paragraph 26 is  not accurate enough as regards the technical 
assistance offered by the EC in order to help F iji comply with SPS regulations and recommendations. 
The EC would appreciate it if the WTO Secretaria t could modify this paragraph as follows: 
 
 "Based on a  recent report alleging that serious deficiencies in Fijian inspection and 
processing requirements potentially put EC consumers  at risk, the EC prohibited all Fijian fish 
products in May 2008 on SPS grounds.  The authorities indicated that the Pacific Fishing Company 
Ltd (PAFCO) would consider resuming exports of  canned tuna to the United Kingdom if this 
prohibition was removed and its fishing interests w ere covered. In the context of the EU financed 
"Strengthening Fisheries Programme (SFP)", a c onsultant is currently helping Fiji to address non-
compliance and the report's recommendations; accord ing to the Fijian authorities, there has been 
significant progress, including in the preparation of a draft Food Safety Regulati on, training of Fijian 
inspectors on EU legislation covering fishing vessels and others on good hygiene practice, and other requirements."  
Fiji Comment 
  Fiji agrees with the correction that has been made and would like to take this 
opportunity to thank the EC for the assistance that  it has provided so far. We look forward to 
working with the EC on SPS issues to ensure th at our Competent Authorit y is upgraded to meet 
EC standards.  
 
HONG KONG, CHINA 
 Telecommunications
 
(WT/TPR/S/213, P. xiii, Para. 40; P. 109, Paras. 82-83) 
 
Question 1  
 
 We note that Fiji attaches great importance to its telecommunication sector and it is the 
Government’s plan to make Fiji the South Pacific te lecom hub within ten years.  Given the full 
deregulation of Fiji’s telecommunication market in  January 2008, does Fiji have any plan to include 
any commitments for the sector in its next services offer so as to enhance the legal certainty and 
predictability of its regime and in turn the competiti veness of its telecommunication industry?  If not, 
what are the difficulties?  ANSWER 
 
 No. Fiji has no intention at this time to commit this sector.    We appreciate that making binding commi tments in the telecommunication sector 
under GATS will enhance legal certainty and predicta bility. However, there are still some issues WT/TPR/M/213/Add.1 
Page 40  
 
 that the government still needs to address that wo uld enhance the road map in deregulating the 
telecommunications industry. Fiji is currently l ooking for technical assistance from the World 
Bank in order to develop a policy framework to provide guidance to Government on the reform 
programme. In our view, it is quite premature to  make binding commitments in this sector. We 
would like to put in place proper regulatory m echanism before making binding commitments. 
 
Tourism
 
(WT/TPR/S/213, P. 117-118, Paras. 112-114)  Question 2
 
 
 According to the Secretariat’s report, th e Fiji Government provides various incentives and 
tax schemes to assist tourism development related pr ojects.  Are these schemes provided to both local 
and foreign private investors on a non-discriminatory basis?   
ANSWER 
  Fiji has made WTO commitments under GATS in the Uruguay Round to observe the National Treatment principle. The investment incentives are non-discriminatory as they are 
available to both foreign  and local investors.  
  WT/TPR/M/213/Add.1 
 Page 41 
 
 
 Annex 1  
 Tariff Items attracting Import Excise Duty  
National Tariff Line PRODUCT DESCRIPTION Import Excise 
21069020 - - - Powder and preparations for making beverages other than those with a basis of ... 10 
21069031 - - - - Of an alcoholic strength by volume  of 11.49% vol. or less 10 
21069032 - - - - Of an alcoholic strength by volume exceeding 11.49% vol. but not exceeding ... 10 
21069039 - - - - Of an alcoholic strength by volume exceeding 57.12% vol. 10 
22011000 - Mineral waters and aerated waters 10 
22019000 - Other 10 
22021000 - Waters, including mineral waters and aerated  waters, containing a dded sugar or other . 10 
22029000 - Other 10 
22030010 - - - Of an alcoholic strength by volume of 1.15% vol. or less 15 
22030090 - - - Of an alcoholic strength by volume exceeding 1.15% vol. 15 
22041010 - - - Of an alcoholic strength by volume of 1.15% vol. or less 15 
22041090 - - - Other 15 
22042110 - - - Of an alcohol strength by volume of 1.15% vol. or less 15 
22042190 - - - Other 15 
22042910 - - - Of an alcohol strength by volume of 1.15% vol. or less 15 
22042990 - - - Other 15 
22051010 - - - Of an alcohol strength by volume of 1.15% vol. or less 15 
22051090 - - - Other 15 
22059010 - - - Of an alcohol strength by volume of 1.15% vol. or less 15 
22059090 - - - Other 15 
22060011 - - - - Of an alcoholic strength by volume of 1.15% vol or less 15 
22060019 - - - - Of an alcoholic strength by volume exceeding 1.15% vol. 15 
22060021 - - - - Of an alcoholic strength by volume not exceeding 1.15% vol. 15 
22060022 - - - - Of an alcoholic strength by volume exceeding 1.15% vol. but not exceeding 6% vol 15 
22060029 - - - - Other 15 
22060091 - - - - Of an alcoholic strength by volume not exceeding 1.15% vol. 15 
22060092 - - - - Of an alcoholic strength by volume exceeding 1.15% vol. but not exceeding 6% vol 15 
22060099 - - - - Other 15 
22071000 - Undenatured ethyl alcohol of an alcoholic  strength by volume of 80% vol or higher 15 
22072010 - - - Of an alcoholic strength by  volume of  57.12% vol. or less 15 
22072090 - - - Of an alcoholic strength by volume exceeding 57.12% vol 15 
22082010 - - - Of an alcoholic strength by volume of  11.49% vol. or less (for example, Cognac... 15 
22082020 - - - Of an alcoholic strength by volume exceeding 11.49% vol. but not exceeding ... 15 
22082090 - - - Of an alcoholic strength by volume ex ceeding 57.12% vol.(for example, Cognac ...) 15 
22083010 - - - Of an alcoholic strength by  volume of 11.49% vol. or less. 15 
22083020 - - - Of an alcoholic strength by volume exceeding 11.49% vol. but not exceeding ... 15 
22083090 - - - Of an alcoholic strength by volume exceeding 57.12% vol. 15 
22084010 - - - Of an alcoholic strength by  volume of 11.49% vol. or less. 15 
22084020 - - - Of an alcoholic strength by volum e exceeding 11.49% vol. but not exceeding... 15 
22084090 - - - Of an alcoholic strength by volume exceeding 57.12% vol. 15 
22085010 - - - Of an alcoholic strength by volume of 11.49% vol. or less 15 
22085020 - - - Of an alcoholic strength by volume exceeding 11.49% vol. but not exceeding ... 15 
22085090 - - - Of an alcoholic strength by  volume exceeding 57.12% by vol. 15 
22086010 - - - Of an alcoholic strength by  volume of 11.49% vol. or less. 15 
22086020 - - - Of an alcoholic strength by volume exceeding 11.49% vol. but not exceeding ... 15 
22086090 - - - Of an alcoholic strength by volume exceeding 57.12% vol. 15 
22087011 - - - - Of an alcoholic strength by volume of 11.49% volume or less 15 
22087012 - - - - Of an alcoholic strength by volum e exceeding 11.49% but not exceeding 57.12% vol 15 
22087019 - - - - Of an alcoholic strength by volume exceeding 57.12% by vol. 15 
22087021 - - - - Of an alcoholic strength by volume of 11.49% volume or less. 15 WT/TPR/M/213/Add.1 
Page 42  
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
22087022 - - - - Of an alcoholic strength by volum e exceeding 11.49% but not exceeding 57.12% vol 15 
22087029 - - - - Of an alcoholic strength by volume exceeding 57.12% vol. 15 
22089011 - - - - Undenatured ethyl alcohol 15 
22089019 - - - - Other 15 
22089021 - - - - Undenatured ethyl alcohol 15 
22089029 - - - - Other 15 
22089091 - - - - Undenatured ethyl alcohol 15 
22089099 - - - - Other 15 
24011000 - Tobacco, not stemmed/stripped 15 
24012000 - Tobacco, partly or wholly stemmed/stripped 15 
24013000 - Tobacco refuse 15 
24021000 - Cigars, cheroots and ciga rillos, containing tobacco 15 
24022000 - Cigarettes containing tobacco 15 
24029010 - - - Cigars, cheroots and cigarillos, containing tobacco substitutes 15 
24029090 - - - Cigarettes containing tobacco substitutes 15 
24031000 - Smoking tobacco, whether or not contai ning tobacco substitutes in any proportion 15 
24039100 - - Homogenised or reconstituted tobacco 15 
24039910 - - - Tobacco extracts and essences 15 
24039990 - - - Other 15 
25231000 - Cement clinkers 10 
25232100 - - White cement whether or not artificially coloured 10 
25232900 - - Other 10 
25233000 - Aluminous cement 10 
25239000 - Other hydraulic cements 10 
37061000 - Of a width of 35mm or more 10 
37069000 - other 10 
39172190 - - - Other 10 
39172290 - - - Other 10 
39172390 - - - Other 10 
39172990 - - - Other 10 
39173190 - - - Other 10 
42021100 - - with outer surface of leather, of  composition leather or of patent leather 10 
42021200 - - with outer surface of pl astic or of textiles materials 10 
42021900 - - other 10 
42022100 - - with outer surface ofleather, of  composition leather or patent leather 10 
42022200 - - with outer surface of plastic  sheeting or of textile materials 10 
42022900 - - other 10 
42023100 - - with outer surface of leather, of  composition leather or of patent leather 10 
42023200 - - with outer surface of plastic  sheeting or of textile materials 10 
42023900 - - other 10 
42029110 - - - golf bags 10 
42029210 - - - Golf bags 10 
42029910 - - - golf bags 10 
42031000 Articles of apparel of leather 10 
42033000 - Belts and bandoliers 10 
44071011 - - - - of dakua (Kauri) 10 
44071019 - - - - Other 10 
44071021 - - - - Of dakua 10 
44071029 - - - - Other 10 
44072100 - - Mahogany (Swietenia spp.) 10 
44072200 - - Virola, Imbuia and Balsa 10 
44072500 - - Dark Red Meranti, Light Red Meranti and Meranti Bakau 10 
44072600 - - White Lauan, White Meranti, White Seraya, Yellow Meranti and Alan 10 
44072700 - - Sapelli 10  WT/TPR/M/213/Add.1 
 Page 43 
 
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
44072800 - - Iroko 10 
44072900 - - Other 10 
44079100 - -  Of Oak (Quercus spp.) 10 
44079200 - - Of Beech (Fagus spp.) 10 
44079300  - - of maple (Acer spp.) 10 
44079400 - - of cherry(prunus spp.) 10 
44079500 - - of ash (Fraxinus spp.) 10 
44079911 - - - - of raintree 10 
44079912 - - - - Of kauvula 10 
44079919 - - - - Other 10 
44079921 - - - - Of raintree 10 
44079922 - - - - Of kauvula 10 
44079929 - - - - Other 10 
44079990 - - - Other 10 
64011000 - Footwear incorporating a protective metal toe-cap 10 
64019200 - - Covering the ankle but not covering the knee 10 
64019900 - - Other 10 
64021200 - - Ski-boots, cross-country ski footwear and snowboard boots 10 
64021900 - - Other 10 
64022000 - Footwear with upper straps or thongs a ssembled to the sole by means of plugs 10 
64029100 - - Covering the ankle 10 
64029900 - - Other 10 
64031200 - Ski-boots, cross-country ski footwear and snowboard boots 10 
64031900 - - Other 10 
64032000 - Footwear with outer soles of leather and uppers which consist of leather straps acr... 10 
64034000 - Other footwear, incorporating a protective metal toe-cap 10 
64035100 - - Covering the ankle 10 
64035900 - - Other 10 
64039100 - - Covering the ankle 10 
64039900 - - Other 10 
64041100 - - Sports footwear; tennis shoes; basketball shoes, gym shoes, training shoes and the.. 10 
64041900 - - Other 10 
64042000 - Footwear with outer soles of leather or composition leather 10 
64051000 - With uppers of leather or composition leather 10 
64052000 - With uppers of textile materials 10 
64059000 - Other 10 
73041110 - - - Having internal and external circular cr oss-sections, the internal diameter of w.. 10 
73041910 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73042210 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73042310 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73042410 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73042910 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73043110 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73043910 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73044110 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73044910 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73045110 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73045910 - - -  Having internal and external circular cross-sections, the internal diameter of .. 10 
73049010 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73061110 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73061910 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73062110 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73062910 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73063010 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 WT/TPR/M/213/Add.1 
Page 44  
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
73064010 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73065010 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73066110 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73066910 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73069010 - - - Having internal and external circular cross-sections, the internal diameter of ... 10 
73142000 - Grill, netting and fencing, welded at the in tersection, of wire with a maximum cross.. 10 
73143100 - - Plated or coated with zinc 10 
73143900 - - Other 10 
73144100 - - Plated or coated with zinc 10 
73144200 - - Coated with plastics 10 
73144900 - - Other 10 
76151910 - - - Articles of kitche nware including bombay pots 10 
76151990 - - - Other 10 
84145100 - - Table, floor, wall, window, ceiling or r oof fans, with a self-contained elecric mo.. 10 
84145900 - - Other 10 
84146000 - Hoods having a maximum horizontal side exceeding 120cm 10 
84148000 - Other 10 
84151000 - Window or wall types, self-contained 10 
84152000 - Of a kind used for persons, in motor vehicles 10 
84158100 - - Incorporating a refrigenerating unit and a valve for reversal of the cooling/heat .. 10 
84158200 - - Other, incorporating a refrigerating unit 10 
84158300 - - Not incorporating a refrigerating unit 10 
84181000 - Combined refrigerator-freezers,  fitted with separate external doors 5 
84182100 - - Compression-type 5 
84182900 - - Other 5 
84183000 - Freezers of the chest type, not exceeding 800 l capacity 5 
84184000 - Freezers of the upright type,not exceeding 900 l capacity 5 
84221100 - - Of the household type 10 
84261110 - - New 5 
84261210 - - New 5 
84261910 - - New 5 
84262010 - - New 5 
84263010 - - New 5 
84264110 - - - New 5 
84264910 - - - New 5 
84269110 - - -New 5 
84269910 ---New 5 
84271010 - - -New 5 
84272010 - - -New 5 
84279010 - - -New 5 
84291110 ---New 5 
84291910 - - New 5 
84292010 - - -New 5 
84293010 - - - New 5 
84294010 - - - New 5 
84295110 - - - New 5 
84295210  - - -New 5 
84295910 - - -New 5 
84301010 - - Pile - drivers and pile extracters - - New 5 
84302010 Snow - pluoghs and snow -blowers - New 5 
84303110 Self propelled - New 5 
84303910 - - -Other – New 5 
84304110 Self propelled - New 5 
84304910 - - -Other – New 5  WT/TPR/M/213/Add.1 
 Page 45 
 
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
84305010 Other machinery, self propelled - New 5 
84306110 - - -Tamping or compacting machinery 5 
84306910 - - - Other – New 5 
84501100 - - Fully-automatic machines 10 
84501200 - - Other machines with  built-in centrifugal drier 10 
84501900 - - Other 10 
84502000 - Machines, each of a dry linen capacity exceeding 10kg 10 
84512100 - - Each of a dry linen capacity not exceeding 10kg 10 
85071000 - Lead-acid, of a kind used for starting piston engines 10 
85072000 - Other lead-acid accumulators 10 
85073000 - Nickel-cadmium 10 
85074000 - Nickel-iron 10 
85078000 - Other accumulators 10 
85079000 - Parts 10 
85094000 - Food grinders and mixers; fr uit or vegetable juice extractors 10 
85098000 - Other appliances 10 
85101000 - Shavers 10 
85102000 - Hair clippers 10 
85103000 - Hair-removing appliance 10 
85163110 - - - Hair dryers (excluding hair dryers  having a bonnet mounted on a pedestal stand, .. 10 
85163190 - - - Other 10 
85163210 - - - Hair curlers or curling wands 10 
85163290 - - - Other 10 
85163300 - - Hand-drying apparatus 10 
85164000 - Electric smoothing irons 10 
85165000 - Microwave ovens 10 
85166000 - Other ovens; cookers, cooking plates , boiling rings, grillers and roasters 10 
85167100 - - Coffee or tea makers 10 
85167200 - - Toasters 10 
85167900 - - Other 10 
85181000 - Microphones and stands therefor 10 
85182100 - - Single loudspeakers, mounted in their enclosures 10 
85182200 - - Multiple loudspeakers, mounted in their enclosures 10 
85182900 - - Other 10 
85183000 - Headphones and earphones whether or not combined with a microphone,and sets 
consist... 10 
85184000 - Audio-frequency electric amplifiers 10 
85185000 - Electric sound amplifier sets 10 
85192000 Apparatus operated by coins, banknotes, bank cards, tokens or by other means of payment 10 
85193000 Turntables (record-decks) 10 
85198100 Using magnetic, optical or semoconductor media 10 
85198910 - - - Suitable for use solely or principally  with cinematographic cameras and projecto.. 10 
85198990 - - - Other 10 
85211000 - Magnetic tape-type 10 
85219000 - Other 10 
85232910 Unrecorded magnetic video tape and discs 10 
85232920 Unrecorded magnetic tape and discs used  in automatic data processing machines 10 
85232930 Recorded magnetic vi deo tapes and discs  10 
85258000 - Television cameras, digital ca meras and video camera recorders 10 
85271200 - - Pocket-size radio cassette players 10 
85271310 - - - Domestic radio receivers of all ki nds, including car radio receivers for receivi.. 10 
85271390 - - - Other 10 
85271910 - - - Domestic radio receivers of all ki nds, including car radio receivers for receivi.. 10 
85271990 - - - Other 10 
85272110 - - - Car radio receivers for receiving radio broadcast whether or not combined with ... 10 WT/TPR/M/213/Add.1 
Page 46  
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
85272190 - - - Other 10 
85272910 - - - Car radio receivers for receiving radio broadcast whether or not combined with... 10 
85272990 - - - Other 10 
85279110 - - - Domestic radio receivers of all ki nds for receiving radio broadcast whether or ... 10 
85279190 - - - Other 10 
85279210 - - - Domestic radio receivers, of all kinds  for receiving radio broadcast whether or .. 10 
85279290 - - - Other 10 
85279910 - - - Domestic radio receivers of all ki nds for receiving radio broadcast whether or ... 10 
85279990 - - - Other 10 
85284900 Other 10 
85285900 Other 10 
85286900 Other 10 
85287100 Not designed to incorporate a video display or screen 10 
85287200 Other, colour 10 
85287300 Other, black and white or other monochrome 10 
85444200 - - Fitted with connectors 10 
85444900 - - Other 10 
85446000 - Other electric conductors, for a voltage exceeding 1,000 V 10 
87021011 For the transport of 10 persons or more but  not exceeding 15 persons including the driver 15 
87021012 For the transport of 16 persons or more but  not exceeding 22 persons including the driver 15 
87021019 For the transport of 23 persons or more 15 
87021021 For the transport of 10 persons or more but  not exceeding 15 persons including the driver 15 
87021022 For the transport of 16 persons or more but  not exceeding 22 persons including the driver 15 
87021029 For the transport of 23 persons or more 15 
87029011 For the transport of 10 persons or more but  not exceeding 15 persons including the driver 15 
87029012 For the transport of 16 persons or more but  not exceeding 22 persons including the driver 15 
87029019 For the transport of 23 persons or more 15 
87029091 For the transport of 10 persons or more but  not exceeding 15 persons including the driver 15 
87029092 For the transport of 16 persons or more but  not exceeding 22 persons including the driver 15 
87029099 For the transport of 23 persons or more 15 
87032110 - - - Ambulances 15 
87032120 - - - New motor caravans 15 
87032130 - - - Used or reconditioned motor caravans 15 
87032140 - - - New passenger motor cars and racing cars 15 
87032150 - - - Used or reconditioned pa ssenger motor cars and racing cars 15 
87032160 - - - New, other pa ssenger motor vehicles 15 
87032190 - - - Used or reconditioned, other passenger motor vehicles 15 
87032210 Ambulances 15 
87032220 New motor caravans 15 
87032230 Used or reconditioned motor caravans 15 
87032240 New passenger motor cars and racing cars 15 
87032250 Used or reconditioned passe nger motor cars and racing cars 15 
87032260 New, other passenger motor vehicles 15 
87032290 Used or reconditioned ot her passenger motor vehicles 15 
87032310 Ambulances 15 
87032320 New motor caravans 15 
87032330 Used or reconditioned motor caravans 15 
87032340 New passenger motor cars and racing cars 15 
87032350 Used or reconditioned passe nger motor cars and racing cars 15 
87032360 New, other passenger motor vehicles 15 
87032390 Used or reconditioned ot her passenger motor vehicles 15 
87032410 - - - Ambulances 15 
87032420 - - - New motor caravans 15 
87032430 - - - - Used or reconditioned motor caravans 15  WT/TPR/M/213/Add.1 
 Page 47 
 
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
87032440 - - - - New passenger motor cars and racing cars 15 
87032450 - - - - Used or reconditioned passenger motor cars and racing cars 15 
87032460 - New, other passe nger motor vehicles 15 
87032490 - - - - Used or reconditioned other passenger motor vehicles 15 
87033110 - - - Ambulances 15 
87033120 - - - New motor caravans 15 
87033130 - - - - Used or reconditioned motor caravans 15 
87033140 - - - - New passenger motor cars and racing cars 15 
87033150 - - - - Used or reconditioned passenger motor cars and racing cars 15 
87033160 - New, other passe nger motor vehicles 15 
87033190 - - - - Used or reconditioned other passenger motor vehicles 15 
87033210 - - - Ambulances 15 
87033220 - - - New motor caravans 15 
87033230 - - - - Used or reconditioned motor caravans 15 
87033240 - - - - New passenger motor cars and racing cars 15 
87033250 - - - - Used or reconditioned passenger motor cars and racing cars 15 
87033260 - New, other passe nger motor vehicles 15 
87033290 - - - - Used or reconditioned other passenger motor vehicles 15 
87033311 - - - - Ambulances 15 
87033312 - - - - New motor caravans 15 
87033313 - - - - Used or reconditioned motor caravans 15 
87033314 - - - - New passenger motor cars and racing cars 15 
87033315 - - - - Used or reconditioned passenger motor cars and racing cars 15 
87033316 - - - - New, other passenger motor vehicles 15 
87033319 - - - - Used or reconditioned, other passenger motor vehicles 15 
87033321 - - - - Ambulances 15 
87033322 - - - - New motor caravans 15 
87033323 - - - - Used or reconditioned motor caravans 15 
87033324 - - - - New passenger motor cars and racing cars 15 
87033325 - - - - Used or reconditioned passenger motor cars and racing cars 15 
87033326 - - - - New, other passenger motor vehicles 15 
87033329 - - - - Used or reconditioned, other passenger motor vehicles 15 
87039000 - Other 15 
87041010 New dumpers designed for off - highway use 15 
87041090 Used or reconditioned dumpers designed for off - highway use 15 
87042111 - - - - New of a cylinder capacity not exceeding 2000cc 15 
87042112 - - - - Used of a cylinder capacity not excceding 2000cc 15 
87042113 - - - - New of a cylinder capacity exceeding 2000cc 15 
87042119 - - - - Used of a cylinder capacity exceeding 2000 cc 15 
87042131 - - - - New, of a cylinder capacity not exceeding 1000 cc 15 
87042132 - - - - Used or reconditioned of a cylinder capacity not exceeding 1000 cc 15 
87042133 - - - - New, of a cylinder capacity exceeding 1000 cc but not exceeding 1200 cc 15 
87042134 - - - - Used or reconditioned of a cylinde r capacity exceeding 1000 cc but not exceeding 
1200cc 15 
87042135 - - - - New, of a cylinder capacity exceeding 1200 cc but not exceeding 1500 cc 15 
87042136 - - - - Used or reconditioned of a cylinde r capacity exceeding 1200 cc but not exceeding 
1500cc 15 
87042137 - - - - New, of a cylinder capacity exceeding 1500 cc but not exceeding 1800 cc 15 
87042138 - - - - Used or reconditioned of a cylinde r capacity exceeding 1500 cc but not exceeding 
1800cc 15 
87042139 - - - - New of a cylinder capacity exceeding 1800 cc but not exceeding 2000 cc 15 
87042141 - - - - Used or reconditioned exceeding 1800 cc but not exceeding 2000 CC 15 
87042142 - - - - New, of a cylinder capacity exceeding 2000 cc but not exceeding 2500 cc 15 
87042143 - - - - Used or reconditioned of a cylinde r capacity exceeding 2000 cc but not exceeding 
2500cc 15 
87042144 - - - - New, of a cylinder capacity exceeding 2500 cc but not exceeding 3000 cc 15 WT/TPR/M/213/Add.1 
Page 48  
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
87042145 - - - - Used or reconditioned of a cylinde r capacity exceeding 2500 cc but not exceeding 
3000cc 15 
87042146 - - - - New, of a cylinder capacity exceeding 3000 cc 15 
87042149 - - - - Used or Reconditioned of  a cylinder capacity exceeding 3000 cc 15 
87042151 - - - - New, of a cylinder capacity not exceeding 1000 cc 15 
87042152 - - - - Used or reconditioned of a cylinder capacity not exceeding 1000 cc 15 
87042153 - - - - New, of a cylinder capacity exceeding 1000 cc but not exceeding 1200 cc 15 
87042154 - - - - Used or reconditioned of a cylinde r capacity exceeding 1000 cc but not exceeding 
1200cc 15 
87042155 - - - - New, of a cylinder capacity exceeding 1200 cc but not exceeding 1500 cc 15 
87042156 - - - - Used or reconditioned of a cylinde r capacity exceeding 1200 cc but not exceeding 
1500cc 15 
87042157 - - - - New, of a cylinder capacity exceeding 1500 cc but not exceeding 1800 cc 15 
87042158 - - - - Used or reconditioned of a cylinde r capacity exceeding 1500 cc but not exceeding 
1800cc 15 
87042159 - - - - New, of a cylinder capacity exceeding 1800 cc but not exceeding 2000 cc 15 
87042161 - - - -Used or rreconditioned exceeding 1800 cc but not exceeding 2000 cc 15 
87042162 - - - - New, of a cylinder capacity exceeding 2000 cc but not exceeding 2500 cc 15 
87042163 - - - - Used or reconditioned of a cylinde r capacity exceeding 2000 cc but not exceeding 
2500cc 15 
87042164 - - - - New, of a cylinder capacity exceeding 2500 cc but not exceeding 3000 cc 15 
87042165 - - - - Used or reconditioned of a cylinde r capacity exceeding 2500 cc but not exceeding 
3000cc 15 
87042166 - - - - New, of a cylinder capacity exceeding 3000 cc 15 
87042169 - - - - Used or reconditioned of a cylinder capacity exceeding 3000 cc 15 
87042171 - - - - New, having a cylinder capacity not exceeding 1000 cc 15 
87042172 - - - - Used having a cylinder capacity not exceeding 1000 cc 15 
87042173 - - - - New having a cylinder capacity exceeding 1000 cc 15 
87042179 - - - - Used having a cylinder capacity exceeding 1000 cc 15 
87042191 - - - - New vehicles 15 
87042199 - - - - Used or reconditioned vehicles 15 
87042211 New of a cylinder capacity not exceeding 2000cc 15 
87042212 New of a cylinder capacity  exceeding 2000cc 15 
87042213 Used or reconditioned of a cylinder capacity not exceeding 2000cc 15 
87042219 Used or reconditioned of a cylinder capacity exceeding 2000cc 15 
87042220 New refuse collectors whether or not fitted with loading, compressing, dumping devices 
etc 15 
87042230 Used or reconditioned refuse collectors whether or not fitte d with loading, compressing, 
dumping devices etc 15 
87042291 New Vehicles 15 
87042299 Used or reconditi oned other vehicles 15 
87042310 New chassis fitted with engine and cab s whether or not the cab is complete 15 
87042320 Used or reconditioned chassis fitted with e ngine and cabs whether or not the cab is 
complete 15 
87042330 New Sturdily built dumper type vehi cles with a tipping or bottom opening…. 15 
87042340 Used or reconditioned sturdily built "d umper" type vehicles with a tipping…. 15 
87042391 New 15 
87042399 Other used or reconditioned vehicles 15 
87043111 - - - - New, of a cylinder capacity not exceeding 2000 cc 15 
87043112 - - - - Used of a cylinder capacity not exceeding 2000 cc 15 
87043113 - - - - New, of a cylinder capacity exceeding 2000 cc 15 
87043119 - - - - Used of a cylinder capacity exceeding 2000 cc 15 
87043131 - - - - New, of a cylinder capacity not exceeding 1000 cc 15 
87043132 - - - - Used or reconditioned, of a cylinder capacity not exceeding 1000 cc 15 
87043133 - - - - New, of a cylinder capacity exceeding 1000 cc but not exceeding 1200 cc 15 
87043134 - - - - Used or reconditioned of a cylinder capacity not exceeding 1000 cc but not 
exceeding 1200cc 15 
87043135 - - - - New, of a cylinder capacity exceeding 1200 cc but not exceeding 1500 cc 15  WT/TPR/M/213/Add.1 
 Page 49 
 
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
87043136 - - - - Used or reconditioned of a cylinde r capacity exceeding 1200 cc but not exceeding 
1500cc 15 
87043137 - - - - New, of a cylinder capacity exceeding 1500 cc but not exceeding 1800 cc 15 
87043138 - - - - used or reconditioned cylinder capacity exceeding 1500 cc but not exceeding 1800cc 15 
87043139 - - - - New, of a cylinder capacity exceeding 1800 cc but not exceeding 2000 cc 15 
87043141 - - - - Used or reconditioned, of a cyli nder capacity exceeding 1800 cc but not exceeding 
2000cc 15 
87043142 - - - - New, of a cylinder capacity exceeding 2000 cc but not exceeding 2500 cc 15 
87043143 - - - - Use or reconditioned, of a cylinde r capacity exceeding 2000 cc but not exceeding 
2500cc 15 
87043144 - - - - New, of a cylinder capacity exceeding 2500 cc but not exceeding 3000 cc 15 
87043145 - - - - Used or reconditioned, of a cyli nder capacity exceeding 2500 cc but not exceeding 
3000cc 15 
87043146 - - - - New, of a cylinder capacity exceeding 3000 cc 15 
87043149 Used or reconditioned, of a cylinder capacity exceeding 3000 cc 15 
87043151 - - - - New, of a cylinder capacity not exceeding 1000 cc 15 
87043152 - - - - Use or reconditioned, of a cylinder capacity not exceeding 1000 cc 15 
87043153 - - - - New, of a cylinder capacity exceeding 1000 cc but not exceeding 1200 cc 15 
87043154 - - - - Used or reconditioned, of a cyli nder capacity exceeding 1000 cc but not exceeding 
1200cc 15 
87043155 - - - - New, of a cylinder capacity exceeding 1200 cc but not exceeding 1500 cc 15 
87043156 - - - - Used or reconditioned, of a cyli nder capacity exceeding 1200 cc but not exceeding 
1500cc 15 
87043157 - - - - New, of a cylinder capacity exceeding 1500 cc but not exceeding 1800 cc 15 
87043158 - - - - Used or reconditioned, of a cyli nder capacity exceeding 1500 cc but not exceeding 
1800cc 15 
87043159 - - - - New, of a cylinder capacity exceeding 1800 cc but not exceeding 2000 cc 15 
87043161 - - - - Used or reconditioned, of a cyli nder capacity exceeding 1800 cc but not exceeding 
2000cc 15 
87043162 - - - - New, of a cylinder capacity exceeding 2000 cc but not exceeding 2500 cc 15 
87043163 - - - - Used or reconditioned, of a cyli nder capacity exceeding 2000 cc but not exceeding 
2500cc 15 
87043164 - - - - New, of a cylinder capacity exceeding 2500 cc but not exceeding 3000 cc 15 
87043165 - - - - Used or reconditioned, of a cyli nder capacity exceeding 2500cc but not exceeding 
3000cc 15 
87043166 - - - - New, of a cylinder capacity  exceeding 3000 cc 15 
87043169 - - - - Used or reconditioned of a cylinder capacity exceeding 3000 cc 15 
87043171 - - - - New, of a cylinder capacity  not exceeding 1000 cc 15 
87043172 - - - - Used or reconditioned, having a cylinder capacity not exceeding 1000 cc 15 
87043173 - - - - New, of a cylinder capacity exceeding 1000 cc 15 
87043179 - - - - Used or reconditioned having a cylinder capacity exceeding 1000 cc 15 
87043191 - - - - New Vehicles 15 
87043199 - - - - Used or Reconditioned vehicles 15 
87043211 New of a cylinder capacity not exceeding 2000cc 15 
87043212 Used or reconditioned of a cylinder capacity not exceeding 2000cc 15 
87043213 New od a cylinder capacity exceeding 2000cc 15 
87043219 Used or reconditioned of a cylinder capacity exceeding 2000cc 15 
87043220 New refuse collectors whether or not fitted with loading, compressing, dumping devices 
etc 15 
87043230 Used or reconditioned refuse collectors whether or not fitte d with loading, compressing, 
dumping devices etc 15 
87043240 Other new vehicles of a g,v,w exceed ing 5 tonnes but not exceeding 20 tonnes 15 
87043250 other used or reconitioned vehicles of a, g,v,w exceeding 5 tonnes but not exceeding 20 
tonnes 15 
87043260 Other new vehicles of a g,v,w exceeding 20 tonnes 15 
87043290 Other used or reconditioned ve hicles of g,v,w exceeding 20 tonnes 15 
87049010 - - - New 15 
87049090 - - - Used or reconditioned 15 
87060010 - - - New of a cylinder capacity not exceeding 2000cc 15 
87060020 - - - Used or reconditioned of a cylinder capacity not exceeding 2000cc 15 WT/TPR/M/213/Add.1 
Page 50  
 
 National Tariff Line PRODUCT DESCRIPTION Import Excise 
87060091 - - - New 15 
87060099 - - - Used or reconditioned 15 
87071011 - - - - Of a cylinder capacity not exceeding 1500 cc 15 
87071012 - - - - Of a cylinder capacity exceeding 1500 cc but not exceeding 2000 cc 15 
87071013 - - - - Of a cylinder capacity exceeding 2000 cc 15 
87071019 - - - Other 15 
87079011 - - - - Used or reconditioned bodies (excluding cabs) 15 
87079012 - - - - Used or reconditioned cabs 15 
87079019 - - - - Other 15 
87079090 - - - Other 15 
87089910 - - - Assemblies (including unit contruction chassis-bodies) not yet having the character… 15 
90064000 - Instant print cameras 10 
90065100 - - With a through-the-lens viewfinder (singl e lens reflex (SLR)), for roll film of a .. 10 
90065290 Other 10 
90065390 Other 10 
90065990 Other 10 
92011000 - Upright pianos 10 
92012000 - Grand pianos 10 
92019000 - Other 10 
92021000 - Played with a bow 10 
92029000 - Other 10 
92051000 - Brass-wind instruments 10 
92059000 - Other 10 
92060000 Percussion musical instruments (for exampl e, drums, xylophones, cymbals, castanets, .... 10 
92071000 - Keyboard instruments, other than accordions 10 
92079000 - Other 10 
94013000 - Swivel seats with va riable height adjustment 10 
94014000 - Seats, other than garden seats or camping equipment, convertible into beds 10 
94015100 Of bamboo or rattan 10 
94015900 Other 10 
94016100 - - Upholstered 10 
94016900 - - Other 10 
94017100 - - Upholstered 10 
94017900 - - Other 10 
94018000 - Other seats 10 
94031000 - Metal furniture of a kind used in offices 10 
94032000 - Other metal furniture 10 
94033000 - Wooden furniture of a kind used in offices 10 
94034000 - Wooden furniture of a kind used in the kitchen 10 
94035000 - Wooden furniture of a kind used in the bedroom 10 
94036000 - Other wooden furniture 10 
94037090 - - - Other 10 
94038100 Of bamboo or rattan 10 
94038900 Other 10 
94041000 - Mattress supports 10 
94042100 - - Of cellular rubber or pl astics, whether or not covered 10 
94042900 - - Of other materials 10 
95042000 - Articles and accessories for billiards 10 
95049010 - - - Pintables; tables constructed for games, including special tables for casino ... 15 
95069920 - - - Spa baths; collapsible swimming pools 10 
 
  
  WT/TPR/M/213/Add.1 
 Page 51 
 
 
 Excise Duty 
 
Description 2007 Rates 2008 Rates 
Ale, Beer, Stout and other ferm ented liquors of an alcoholic st rength of 3% or less $1.31/litre  
$1.35/litre 
Ale, Beer, Stout and other ferm ented liquors of an alcoholic st rength of 3% or more $1.52/litre  
$1.57/litre 
Potable Spirit Not Exceeding 57.12 GL $28.79/litre $29.65/litre 
Potable Spirit Exceeding 57.12 GL $50.42/litre of alcohol $51.93/litre of alcohol 
Wine: 
Still 
Sparkling   
$2.04/litre 
$2.32/litre  
$2.10/litre 
$2.39/litre 
Other fermented beverages: 
Still 
Sparkling $2.04/litre 
$2.32/litre   
$2.10/litre 
$2.39/litre  
Ready to Drink Mixtures of Any Alcoholic  Beverages of any Alcoholic Strength by 
volume 11.49% or less $0.94/litre  
$0.97/litre 
Cigarettes from local tobacco by 3.20cen ts per 10 sticks 88.48 cents 91.13 cents 
Cigarette from imported tobacco by 4.81 cents per 10 sticks 132.73 cents 136.71 cents 
Manufactured tobacco containing to bacco outside Fiji $76.48/kg $78.77/kg 
Manufactured tobacco containing tobacco in Fiji $44.92/kg $46.27/kg 
Manufactured tobacco containing tobacco in foreign and tobacco grown in Fiji: 
Foreign portion 
Local portion   
  
$76.48/kg 
$44.92/kg   
$78.77/kg 
$46.27/kg 
 WT/TPR/M/213/Add.1 
Page 52  
 
 QUESTIONS BY MEMBERS RECEIVED ON 25 MARCH 2009 AND 
REPLIES PROVIDED BY FIJI 
 
GENERAL QUESTIONS 
 
Question 1
 
 
 Fiji’s global ranking as a developing c ountry on the UN Human Development Index has 
fallen from 81st in 2003 to 92nd in 2008.  Fiji was ranked 50th among developing countries in 2005 on 
the UN Human Poverty Index, and poverty among th e population remains a major problem.  What 
programmes has Fiji put in place to deal  with the most vulnerable and needy?  
 
ANSWER 
 
 Fiji introduced a number of policies and progr ammes to alleviate poverty. These is done 
through creating income–earning opportuniti es, reviewing housing policy and squatter 
resettlement, poverty related policies including encouraging effective partnerships with civil 
society organisations. The programmes include the following:   Family Assistance Allowance (FAA) – this Scheme provides financial support for the 
destitute and those living in poverty to set up in come generating projects. Fiji has allocated 
$20million in 2009 for this programme. 
  Poverty Alleviation Project (PAP) – the project is specifically designed to ease the financial burden of individuals through housin g assistance and income-generating projects. 
 
 Care and protection allowance – this is an allocation to residential homes that provide 
foster care, adoption, residential care facilitie s and other supportive services to orphans, 
abandoned and neglected children. Some of the allo wances are also paid directly to individuals. 
  Capital Grants to voluntary organisations  – grants are directed towards voluntary 
organisations whose work supplements activities undertaken by the Ministry of Women, Social 
Welfare and Poverty Alleviation regarding the we lfare of Fiji’s under-privileged citizens. Some 
of the organisations assisted include the disabl ed, orphanages, senior citizens, family support 
and counselling, training institutes, special schools and those involved in providing/constructing homes for the homeless.  
 Women’s Plan of Action – as part of Fiji’s  commitments to the Women’s Plan of Action 
in 1995, financial assistance is provided to assist  women, particularly those in rural areas, to 
implement income-generating projects.   Upgrading of Squatter Settlements and existing Housing Authority Sub-divisions – the project is designed to provide proper title to land and provision of basic amenities to improve 
the quality of living conditions. 
  Student’s Loan Scheme – assists students from poor and disadvantaged families in 
accessing further education. The recipients of this scholarship are those whose parents or 
guardians income do not exceed F$12,000 per annum. 
 
 Pro-Poor Tax Measures – some of the tax measures implemented to assist the poor and disadvantaged include:  an increase in income  tax threshold from F$9,000 to F$15,000 
VAT exemption of essential food items such as tinn ed fish, flour, powdered milk, edible oil, rice 
and tea;  VAT exemption of the first $30 of elect ricity bill for residential consumers;  duty free  WT/TPR/M/213/Add.1 
 Page 53 
 
 
 on basic food items of rice, edible oil, tinned fish and split peas;  Rural and Outer Island 
Development – promoting rural development to set the platform for increased economic activity 
in rural areas through upgrading of rural infr astructure, maritime transportation, water and 
low cost housing;  Committee for Better Utilisatio n of Land – under this initiative, land has been 
made available following consultations with Na tive Land Trust Board, land owners, government 
and farmers. By way of incentives, government ha s paid land owners an additional four percent 
on the Unimproved Capital Value (UCV) on the land by way of a grant on top of the six percent 
paid by the lessee. 
 
Question 2  
 
 The sharp increase in the inflation rate, which peaked at 9.8% in September 2008, the highest 
in two decades, is also a cause for concern.  Th e main reasons for this in crease were the higher prices 
for imported food and oil, and despite the recent declin e in oil prices, the rate of inflation has moved 
only slowly downwards.   As Fiji is a net food and petroleum importing country, what measures has 
the Government taken, apart from price regulation,  to alleviate the impact of these increases?  
 
ANSWER 
 
 Fiji is completely dependent on imported  mineral fuel and the increase in the global 
prices in 2008 had a dramatic increase on import b ills. In addition to this, the rising price of 
food has also contributed dramatically to high domestic inflation.  
  To mitigate the effect of the rising prices, Government implemented a number of policies and some of these include:  reduction in the fiscal duties on key basic food staples;  increase in the income tax threshold to $15,000 providing relief to resident taxpayers;  
Government provided a direct grant to the bus in dustry in order to maintain current bus fares 
in light of the rising fuel prices;  duties on fuel were reduced by 10 cents per litre for motor spirits and 9 cents per litre for diesel.     At the domestic level, Fiji’s effort to count er rising global food prices has been targeted 
towards boosting capacity to rai se food production particularly for staple food such as rice, 
taro, fruit and vegetables. The increased prod uction of these commodities is anticipated to 
address food security and inflation issues. 
 
Question 3
 
 
 Other macro-economic indicators reflect th e problems besetting the Fijian economy.  
Continuing the trend of the past 5 years the current account deficit increased to an estimated 21% in 
2008.  Underlying this is a grow ing trade deficit which reached an estimated 30% in 2008.  The 
relatively small surplus in the cap ital account of 6.3% was insufficie nt to off-set the current account 
deficit.  Fiji’s report nevertheless stated that th e overall balance of payments position improved from 
a surplus of $57.5 million in 2006 to $93.1 million in 2007.  This was attributed mainly to “large 
unaccounted inflows”.  The Secretariat report also refers to significant “net errors and omissions” in 
the balance of payments accounts.  Could Fiji give some indication as to the source and nature of these unaccounted inflows?  
 
ANSWER 
 
 A large part of the errors & omissions a re Current Account items, such as tourism 
earnings and remittances. These items, acco rding to the Reserve Bank of Fiji, are not 
adequately captured in the Balance of Payments. However, in factoring in the large and positive WT/TPR/M/213/Add.1 
Page 54  
 
 errors & omissions in the current account, the current account deficit would be reduced to 
appropriately 6 percent of GDP. 
 
Question 4
 
 
 Although Fiji’s economy is the second largest in the South Pacific, it has a narrow base and 
depends to a considerable extent on trade in go ods and services.  Fiji’s major merchandise exports 
were negatively affected by changes in the glo bal trading system, and the overall value of these 
exports increased only marginally between 2003 and 2007.  At the same time, the vitally important 
services sector, which constitutes by far the la rgest part of the Fijian economy, registered a 
significant decline.  
  The figures in both reports show a major ex pansion in Fiji’s trade, both exports and imports, 
with Singapore over the period 2003 to 2007. What factors have contributed to the growth in this trade? 
  
ANSWER  
 
 The total value of imports from Singapore in 2003 was $184.8 million and in 2007 it had 
risen to $989.3 million. Fiji’s main import from Singapore is petroleum oil. The major factor 
that had contributed to the growth was th e rise in world oil prices over the years. 
 
 With respect to exports, th e notable increase in 2007 is attributed to an error in the 
reporting mechanism. The actual export value to Singapore for 2007 was only F$4.6million. The 
error was the incorrect classificati on of fuel uplifted from Fiji for aircrafts and bunker fuel for 
vessels and has been rectified by the relevant authority. 
 
Question 5
 
  Fiji is pursuing a strategy designed to stimul ate exports as the engine of economic growth 
and poverty alleviation, and has initiated a number of economic and structural reforms to diversify 
and make its economy more efficient, to develop export competitiveness, and to become more 
integrated into the global economy.  These reforms a re being carried out in the context of the Fiji 20 
year Development Plan, the National Export Strategy, and the Sustainable Economic and 
Empowerment Development Strategy.   Are there any  indications so far that these policies are 
producing the intended results?  
 
ANSWER 
 
 Fiji has set very high goals for economi c growth and is undertaking the necessary 
reforms in the context of its 20 year Deve lopment Plan, the Sustainable Economic and 
Empowerment Development Strategy (SEEDS)  2008-2010 and the 2006 National Export 
Strategy to ensure that these goals are realize d. Fiji has taken a number of measures to 
mainstream trade into its development plans.  
  Our national strategy documents are aimed at promoting economic growth and alleviating poverty. However, the Governme nt policies and plans to address the macro-
economic challenges and the development goals that  have been introduced through the SEEDS 
in particular are fairly recent; and it is too early to assess the impact of these policies.  
  WT/TPR/M/213/Add.1 
 Page 55 
 
 
 Question 6  
 
 Fiji has also initialled an interim Economic Pa rtnership Agreement (EPA) with the European 
Communities under which the EC will provide duty and quota free access for all products (with a 
longer transitional period for sugar and rice), and Fiji will liberalise 84% of its imports from the EC 
over a period ending in 2023.  
  Given its dependence on tariffs for tax reve nue, how does Fiji propose to meet the revenue 
short-fall that will result from duty free entry of products from the EC?  
 
ANSWER 
 
 Given that we are involved in a number of free trade negotiations, Fiji is concerned with 
the expected revenue loss resulting from trade liber alisation. Assistance would be needed to help 
Fiji implement the necessary adjustment measures . Fiji looks forward to more effective support 
from the EC and other trading partners to make the necessary adjustments in ensuring that the 
revenue lost is mitigated. In this context, th e government aims to improve efficiency in tax 
collection by strengthening its tax administration.  
 
Question 7
 
 
 In order to fully benefit from the opport unities provided by the EPA has Fiji developed a 
national implementation strategy, including the d esignation or creation of an authority responsible 
for the implementation of the EPA?  
 
ANSWER 
 
 Fiji initialled the Interim EPA (I-EPA) wi th the EU in November 2007. As part of 
internal processes, we are finalising consultation s with stakeholders on the aspects of the I-EPA 
prior to seeking Cabinet approval.    As regards implementation strategy, govern ment’s existing mechanism of the Trade 
Development Committee will be tasked to oversee the implementation requirements.  
 
Question 8
 
  Fiji has liberalised and rationalised its foreign investment regime since its last TPR, but the 
Secretariat report has identified some remaini ng obstacles and restrictions.  Fiji’s national 
investment policy recognises the importance of inv estment in raising productivity, incomes, and 
employment, and in diversifying the economy; and pr ovides a wide range of measures and incentives 
to facilitate and encourage investment.  Fiji’s repor t indicated that Fiji is negotiating its first 
Investment Promotion and Protection Agreements with Britain and Malaysia.  Many developing 
countries which seek foreign investment consider these Ag reements to be an important legal part of 
the policies that they adopt to attract investment.  Is there any reason why Fiji is only now beginning 
to negotiate such Agreements?  
 
ANSWER  
 
 Fiji has not entered into Investment Pr omotion and Protection Agreements (IPPAs) 
because of concerns relating to its capacity to negotiate and im plement onerous obligations such 
as the requirement to guarantee foreign private in vestments. However, Fiji is willing to consider 
relevant investment provisions in the context of  broader trade and development partnerships.  
 WT/TPR/M/213/Add.1 
Page 56  
 
 Question 9
 
 9. Tourism is by far the biggest component of the services sector, and is the largest contributor 
to economic growth, investment, and foreign exc hange earnings.  Because of the political 
developments in 2006 tourism receipts (and rem ittances, the second largest source of foreign 
exchange) fell in 2007, widening the current account deficit.  The Fiji report indicates that the 
situation was expected to improve in 2008 and 2009, with significant growth in visitor arrivals and 
tourism earnings anticipated.  However, these proj ections may need to be revised in view of the 
global financial and economic crisis which is  already having a negat ive impact on tourism 
worldwide.  How did this sector perform in 2008?  
 
ANSWER  
 
 The estimates of tourist visitor arrival s cumulative to November 2008 were 534,755 
indicating a 9.2% increase over the corresponding period in 2007.   
 
 The following source markets show percentage  increase of visitor arrivals during this 
period: Australia (21.2%); Continental Europe  (12.2%); Canada (6.3%); Pacific Islands 
(4.1%); New Zealand (0.9%) and Taiwan (0.8%). However, decreases were recorded for visitors 
from Korea (25.6%); Japan (5.5%); the United  States of America (1.7%) and the United 
Kingdom (1.5%). 
 
 Prior to the assessment of the full impact of  the global recession and the recent floods, it 
was projected that given the increased marketing budget allocated to the tourism sector, visitor 
arrivals would reach the 600,000 mark. This may in  light of the global recession appear to be 
difficult to achieve, however, given targeted marketing initiatives and capitalising on Fiji’s 
reputation as a safe destination, this target may well be achieved.  
INDONESIA 
 
I.     ECONOMIC ENVIRONMENT 
Major structural policy developments 
 
Question 10
 
 
 The Secretariat Report (paragraph 18 page 11) no ted sustainable improvements in Fiji’s 
economic performance require productiv ity gains to enhance the inter national competitiveness of its 
enterprises and thus its exports. 
  Please inform the productivity gain to e nhance international competitiveness of Fiji’s 
enterprises especially to increase export. 
 
ANSWER 
 
 We will provide answer to this question within the stipulated timeframe. 
 
II. TRADE POLICY REGIMES:  FRAMEWORK AND OBJECTIVES 
Trade Policy Objectives 
 
 (i)  Secretariat report (paragraph 18 pages 24) no ted trade reforms are integral to Fiji’s 
economic priority of developing an efficient open economy to prom ote export led growth. However, 
due to revenue concerns, the Government’s approac h to further trade liberalization will be gradual,  WT/TPR/M/213/Add.1 
 Page 57 
 
 
 dictated by the pace of internal adjustments to fiscal systems and structural reforms, which will also 
provide time for non-competitive industries to adjust to foreign competition.   Based on the above information, Fiji’s trade liberalization will be gradual, does Fiji has planned to liberalise trade in 2010? If  yes, please mention the products. 
 
ANSWER 
 
 Considerations shall be undertaken in the le ad up to the 2010 budgetary initiatives.  
 
 The Secretariat report (paragraph 1, page 24) noted: Despite the stalled implementation of 
the NES since December 2006, th e Team reconvened in Septem ber 2008 to review use of the 
F$2million budget allocation to help restore the ec onomy’s short-term export capacity. Six of the 
thirteen identified sectors (agri-business, forestry , marine products, mineral water, ICT and audio-
visual) have been selected initially to improve F iji’s export performance. Inconsistent government 
policies and a non-level playing field for entrep reneurs are deterring expor ts; and incentives, skewed 
mainly to particular sectors that discriminate agai nst other potential export exports, as seen largely 
ineffective.   Please explain why only 6 from 13 were chosen  as sectors that could increase Fiji’s export 
performance. Please inform the other sectors remnants?  
 
ANSWER 
 
 The NES was formulated as Fiji’s policy response amidst dwindling foreign reserves 
thereby improving the country’s export performance dwindling foreign reserves.  
 
 The 13 sectors identified were: agro business, sugar, forestry, marine products, mineral water, garments, Tourism, ICT, Audio-Visual, Fi nancial Services, Health Services, Education & 
Training and Labour Mobility. Of the 13 sectors id entified, only 6 were prioritized as having the 
potential to reinvigorate our export performa nce in the short term. The 6 sectors are agro-
business, forestry, marine products, mineral water, audio visual and Information 
Communications and Technology. 
 Trade Agreements and arrangements Fiji and the WTO  
 As indicated in the Secretariat report (paragr aph 22, page 26) Fiji still accords at least MFN 
treatment to all, including non-WTO, trading par tners. It is not a member of observer of the WTO 
Plurilateral Agreement on Government Procurement or on Trade in Civil Aircraft. Fiji does not 
participate in the Working Group on Transparency in Go vernment Procurement. It is not a party to 
the Ministerial Declaration on Trade in Inform ation Technology (the Information Technology 
Agreement). 
 
 What was Fiji’s reason for not being a member of the WTO Plurilateral Agreement on 
Procurement? 
 
ANSWER 
 
 The WTO Agreement on Government Procurement is a plurilateral agreement. Fiji did 
not sign this agreement because we were in th e process of developing a regulatory framework 
on government procurement.  WT/TPR/M/213/Add.1 
Page 58  
 
 Bilateral Agreements 
  The Secretariat report (paragraph 43, page 36) stated “Thus, Fiji was closely considering 
reactivating a new bilateral agreement, and accordi ng to authorities, is willing to explore further, 
page 50). The Government has previously indicated that  tariff protection is to phased out, but has set 
no timetable. This policy goal was reinforced in  the Government’s Sustainable Economic and 
Empowerment Development Strategy (SEEDS) 2008-2010, which also recognized the need to reform 
tariffs so as to reduce effective rates of prot ection to more uniform levels. However the 2009 Budget 
suggested that Government’s approach would be gr adual;, in order to protect revenue and domestic 
industries from foreign competition, an announced tariff increases, which on the back of previous 
rises in average tariffs seem inconsistent w ith trade liberalization objectives (Chapter II (4) 
  Please inform the products that the tariff will be increased? 
 
ANSWER 
 
 Tariff changes are made in the context of government’s overall fiscal policy which is 
reviewed on an annual basis.    As one of the neighbouring countries, is there  possibility of increasing trade with Indonesia 
through bilateral agreement? 
 
ANSWER 
 
 Fiji would welcome a bilateral trade agreement with Indonesia as part of its Look North 
Policy.   
 
II.  TRADE POLICIES AND PRACTICES BY MEASURE 
Tariff averages, ad valorem and dispersion   In the Secretariat report (paragraph 35 and page 51) stated. Tariffs on average will be higher 
in 2009 than 2003 in all HS 2 digit sections, except for “fats and oils” with rises most pronounced in 
“precious stones, etc (Chart III.I). Average tariffs in  2009 will be highest on prepared food, etc, 
footwear and headgear, transport equipment and arms and ammunition. 
  What are the Fijian government reasons  to raise tariffs to several fields? 
 
ANSWER 
 
 Tariffs on items such as prepared food a nd footwear amongst other things attract a duty 
of 32% mainly to protect domestic industries. With respect to arms and ammunitions, these are 
prohibited items under the Customs Act. 
 
Non-tariff border measures (b) Import Prohibitions   The Secretariat Report (par agraph 53, page 61) noted:  Some goods are prohibited for 
quarantine reasons, whereby Customs acts as agent as  the border for the Department of Quarantine. 
These include all cereal grains, pulses and legumes and th eir products including stock feed imports, 
except from Australia, Canada, Jap an, Mexico, New Zealand, Chin ese Taipei, the United States and 
all Pacific territories and Vanuat u. Imports from Tasmania of packing grass, straw, chaff, and 
sacking, as well as of meat and dairy products are also prohibited, seemingly for other reasons, e.g. 
peanuts and other oilseeds (other than their products ) intended for human consum ption subject to any  WT/TPR/M/213/Add.1 
 Page 59 
 
 
 manufacturing process other than or in addition to rolling, flaking, pearling and milling. Imports of 
used motor vehicles (cars, tru cks, and buses) and machinery over four year old and plastic bags 
which are made domestically, were banned in th e 2008 Budget; however, the import ban on plastic 
bags for environmental reasons is yet to be impl emented. The 2009 Budget increased the importable 
age of motor vehicles to eight years, and removed  trailers from the list of prohibited imports. 
 
 Please explain why several import products are prohibited due to quarantine reason, are 
unable to enter Fijian territory. Meanwhile some  import products were permitted from certain 
countries? Didn’t the MFN principle an d NT apply to several countries? 
 
ANSWER 
 
 There are some goods, the importation of which is absolutely prohibited under the 
Customs Act. In addition to this, there are othe r goods, the importation of which is prohibited 
unless specified conditions are complied with.  The MFN treatment is consistently applied to all 
Members provided that these requirements are met.  There is no discrimination to imports of 
goods from members.   As stated in the Secretariat report, what are the Fijian government reasons to raise tariffs to 
several fields?  
ANSWER 
  Tariffs are increased to protect government's  fiscal position. Whilst we note that 
average applied tariff rates have increased over the years, Fiji has only increased on a few tariff 
items with exceed the bound rates. 
 
BRAZIL 
 Question 9
 
  Sugar is the main branch of the agricultura l sector, and the loss of preferential pricing 
arrangements in the EU, the principal market for Fijian sugar, has resulted in a steep decline in 
production and export earnings.  The Government has  initiated a restructuring programme with the 
aim of transforming the sugar industry into a commercially viable, efficient and more diversified 
industry.  One area of diversification mentione d in both reports is ethanol production.  
 
 It would be interesting to know what progress has been made with these reforms; whether 
ethanol production has begun, and whether it is envis aged to use ethanol as a domestic alternative to 
imported fuel.  
 
ANSWER  
 
 Fiji has an Energy Policy Framework in place which includes Energy Planning, Security, Power Sector and renewable energy. Currently work is underway to develop a cost effective renewable energy sources for energ y supply through conducting technical and 
economic feasibility studies and further investi gating the use of renewable resources as a 
substitute energy source.  
 
 Fiji places particular emphasis on develo ping renewable energy sources and as such, 
continued support will be accorded to the following renewable energy programmes of the 
Department of Energy:  Renewable Energy De velopment Programme;  Bio-fuel Development WT/TPR/M/213/Add.1 
Page 60  
 
 Unit;  Establishing Public-Private Partnerships to  develop other renewable energy sources such 
as solar, wind and geo-thermal energy.   
 
 To encourage investment in bio fuel pro duction, Government will provide tax exemption 
for a period of years for companies that are involved in processing agricultural commodities 
(sugar, coconut etc) into bio-fuels. To qualify for income tax exemption, the company should 
invest a minimum of F$1million and employ at  least 20 local employees or more for any 6 
months within the income year. Furthermore,  a 10 year tax holiday will be available for 
investment made from 1 January 2009 to 31 December 2014. 
 
UNITED STATES OF AMERICA 
 
Question 10
 
 
 Why Fiji quarantine requirements do expressly pr ohibited the importation of chickens which 
have been vaccinated against Newcastle disease. Whils t the US is free from N/C disease, all chicken 
exports vaccinated, Fiji quarantine requirem ents are more stringe nt than necessary. 
 
ANSWER  
 
 Currently, Fiji is free of the Newcastle disease (NCD) and this is true without 
vaccination. At least for the past 15 years, the Veterinary Pathology Laboratory has been 
conducting routine zero- surve illance and monitoring of the disease with negative results. 
Routine vaccinations for the control of this dise ase have not been practiced in Fiji either. 
However, the presence of avirulent (non-pathogenic)  strains has not been tested to date and no 
clinical signs and symptoms of NCD have been reported or observed in Fiji (Angus; 2001). 
 
 Angus (2001) had mentioned that New Zealand, after carrying out a thorough Import Risk Analysis on poultry- meat imports, had concluded that since the avirulent strains would 
have an Intra Cerebral Pathogenic Index (ICPI) of 0.2, they would only accept poultry meat with an ICPI of less than 0.2. This meant that they would import poultry meat from avirulent or 
free flocks. This stance was also adopted by Fiji he nce, stipulating that Fiji has the same animal 
health status for poultry as New Zealand.  
 Since vaccination would increase the ICPI to 0.4 and above, the Veterinary 
Administration Fiji banned imports of all these poul try even if vaccinated. Fiji notified WTO in 
2001 (G/SPS/N/FJI/2) and only New Zealand confirmed its compliance with Fiji’s conditions. 
This measure was taken to safeguard Fiji’s poul try population from Newcastle Disease. Fiji also 
developed and released an import protocol to whic h so far, only New Zealand was able to fulfil. 
 
 Since Fiji has become a member of OIE, the manual of Terrestrial Animal Health Code 
identifies countries, zones or compartments as fr ee from infections. Hence, importations would 
be possible if the Veterinary Authority of the Countries could certify and declare freedom from 
NCD as mentioned above (Zones or Compartments). 
  In conclusion, Fiji has an enviable animal  health status and we would like to preserve 
this as there are many factors that could come  into play which would be hard to control and 
contain given the stretched human resource capaci ty. We have made allowances for poultry to 
be imported which are cooked or for canning pur poses which gives the added safety net to avoid 
importing potentially infected poultry.   WT/TPR/M/213/Add.1 
 Page 61 
 
 
  If a country following the OIE guidelines for Zoning and/or compartmentalizing can 
declare their status and check methods, trade of  poultry meat could be made possible following 
an Import Risk Analysis.    Fiji is free from Newcastle disease and wish es to maintain such status, however, for 
importation of chickens from Newcastle disea se countries, Fiji will consider revising such 
restriction once clearance is attain ed following OIE protocols of risk assessment, moreover, Fiji 
wishes to maintain the measure as a result of development constraints related to: vaccination 
protocol if the disease becomes prevalent; identifi cation and demarcation of potency of existing 
virus strains, and capital finance to fund for all base programmes to keep Fiji at par with 
biological development of the disease in our trop ical environment that nourish such pathogens. 
 
Question 11
 
 
 There have disagreements between Fiji im porters and the Customs Department on the 
classification of goods. Is Fiji considering putting in  place special procedures to facilitate rulings? 
 ANSWER 
 
 Fiji is in the process of acceding to the K yoto Convention which will enable the Fiji 
Islands Customs & Authority to adop t relevant policies and procedures.  
 
Question 12
 
 
 The US offered technical assistance to Fiji on Intellectual Property Rights. 
 
ANSWER 
 
 Fiji welcomes the offer for capacity buildin g and technical assistance opportunities 
available through the US Patent and Trademark Office to assist in the enforcement of 
Intellectual Property Rights. 
 
CHINESE TAIPEI 
 
Question 13  
  Taiwan recommends that Fiji adopt the export- oriented approach (in lieu of the Import 
Substitution strategy). It appears that Fiji position regarding the latter is contradictory to its 
classification of a NFIC. 
 
ANSWER 
 
 A similar question was raised by Australia  to which our detailed response has been 
issued by the WTO Secretariat on Wednesday 25 March, 2009.  
 
 
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