WORLD TRADE  
ORGANIZATION  WT/REG161/3 
24 January 2005 
 
 (05-0274) 
Committee on Regional Trade Agreements Original:   English 
  
 
FREE TRADE AGREEMENT BETWEEN THE UNITED  STATES AND SINGAPORE 
 
GOODS ASPECTS
 
 
Communication from the Parties  
 
 The following communication, dated 21 January 2 005, is being circulated at the request of the 
Delegations of the United States and Singapore.  
_______________ 
 
 
I. BACKGROUND INFORMATION ON THE AGREEMENT 
1. Membership And Dates Of Signature, Ratification And Entry Into Force 
 The Free Trade Agreement (Agreement) between the United States of America (United 
States) and the Republic of Singapore (Singapore) was signed on May 6, 2003 and entered into force 
on January 1, 2004.  The tariff schedules under th e Agreement went into effect on that date. 
 
2. Type Of Agreement 
 In Article 1.1 of the Agreement, the Parties establish a free-trade area consistent with    
Article XXIV of the GATT 1994 and Article V of the GATS. 
 
3. Scope 
 The Agreement is comprehensive and in cludes commitments by the United States and 
Singapore on all goods in Chapters 1 to 97 of the Harmonized System 2002.  Each Party undertakes 
not to increase any existing customs duty, or adop t any customs duty, on an originating good.  
Furthermore, each Party undertakes to progressively eliminate its base rate of customs duties on 
originating goods in accordance with its Tariff Elimin ation Schedule attached to Annexes 2B and 2C.  
Each tariff line is assigned a “staging category” sp ecifying the timetable a nd conditions for bringing 
down customs duties to zero percent.  For some  products, market access will be provided through the 
creation and expansion of preferential tariff-rate  quotas during the transition period.  The United 
States and Singapore agreed on 7 different staging categories to eliminate tariffs on goods, including 
the over-quota tariffs for all preferential tariff-rate qu otas. Details for the staging categories are found 
in Annex II.      For the purpose of the elimination of customs duties in accordance with Article 2.2, interim 
staged rates will be rounded down, at least to the near est tenth of a percentage point or, if the rate of 
duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the 
Party.    WT/REG161/3 
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  Over 95 percent of the total amount of two-way trade between the United States and 
Singapore was liberalized immediately, based on the trade figures for 2003, when the negotiations 
were completed. (See Tables 3.1 and 3.2.)   Singapore provides immediate duty-free access on all tariff lines. The United States provides 
immediate duty-free access on nearly 80 percent of U.S. tariff lines, covering over 95 percent of 
Singapore exports.  In addition, the United States establishes preferential tariff rate quotas for certain 
beef, dairy, sugar, tobacco, cotton and peanut items with zero duty access fo r an expanding quantity 
of imports.  Duties on the remaining five percent of goods, including the over-quota duties on the preferential tariff-rate quotas, will be phased out ov er varying periods, but within a maximum of 10 
years after the Agreement’s entry into force.   
  
TABLE 3.1 
UNITED STATES’ LIBERALIZATION COMMITMENTS  
IN THE U.S. – SINGAPORE FTA 
 A) LIBERALIZATION THROUGH TARIFF REDUCTION COMMITMENTS  
Time Period for 
Duty 
Elimination Number  
of Lines % of Total 
Lines in U.S. 
Tariff 
Schedule Value U.S. 
Imports from 
Singapore 
(Actual U.S. 
Dollars) % of Total U.S. 
Imports from 
Singapore 
Immediate 8,287 79.0% 12,617,333,781 95.2%
4 Years 1,355 12.9% 599,986,599 4.5%
8 Years 561 5.3% 3,328,345 0.0%
10 Years 97 0.9% 25,582,060 0.2%
Total 10,300 98.2% 13,246,230,785 100.0%
 
 B) LIBERALIZATION THROUGH PREFERENTIAL TARIFF-RATE QUOTAS  
Time Period 
for Duty-
Free, Quota-
Free Access Number 
of  
Lines % of 
Total 
Lines Value U.S. 
Imports from 
Singapore 
Actual  
Dollars % of Total 
U.S. Imports 
from 
Singapore Initial In-
Quota 
Tariff RatesReduction of 
In-Quota 
Tariff 
Rate/Time 
Frame, If Any Expansion of 
Initial TRQ 
Quantities 
During Imple-
mentation  
Period  
(yes/no) 
10 Years 189 1.8% 779,982 0.0% 0 n/a yes
Total 189 1.8% 779,982 0.0%
  WT/REG161/3 
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 C) NOT INCLUDED IN THE AGREEMENT 
 
Number of lines 0
Value of U.S. Imports from Singapore 0
Total 0
 
 
TABLE 3.2 
SINGAPORE’S LIBERALIZATION COMMITMENTS  
IN THE U.S. – SINGAPORE FTA 
 
LIBERALIZATION THROUGH TA RIFF REDUCTION COMMITMENTS 
 
Time period for 
Duty 
Elimination Number  
of Lines % of Total 
Lines in 
Singapore 
Tariff 
Schedule Value Singapore 
Imports from U.S. 
(Actual Singapore 
dollars) % of Total 
Singapore 
Imports from 
U.S.  
Immediate 10689 100 % 31,060,159,000 100%
 
 4. Trade Data 
 Trade between United States and Singapore has been increasing gradually over the past few 
years.  Singapore is currently the eleventh largest  export market for U.S. goods, and the United States 
is the second largest export market for Singaporean goods.
1 Annex I presents the level and 
composition of imports and other trade data for each Party. 
   
 
II. TRADE-RELATED PROVISIONS 
1. Import Restrictions 
 1.1 Duties And Charges 
 
 The Free Trade Agreement will eliminate a ll customs duties on bilateral trade in all 
originating industrial goods and agricultural produ cts within 10 years.  The United States will 
eliminate customs duties on originating products of  Singapore upon entry-into-force, or over four, 
eight or ten years, depending on the product.  Cust oms duties on all products subject to staging will be 
reduced in equal, annual reductions during the st aging period.  Singapore will eliminate customs 
duties on all originating goods of the United States upon entry-into-force of the agreement.  
  1.2 Quantitative Restrictions   Pursuant to Article 2.7, the Parties undertak e not to adopt or maintain any prohibition or 
restriction on the importation of any good of the other Party except as otherwise provided for in the 
                                                     
 
1 Based on year 2003 trade data. WT/REG161/3 
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 Agreement, or in accordance with Article XI of  GATT 1994 and its interpretive notes.   Since the 
Agreement entered into force, the ATC has expired.     1.3 Common External Tariff    
 Not applicable.  The Agreement is not a customs union. 
 
2. Export Restrictions 
 2.1 Duties And Charges 
 
 None apply. 
   2.2 Quantitative Restrictions   Except for the provision that the United States can  maintain its ability to restrict exports of 
unprocessed timber from western U.S. states, the Pa rties undertake not to adopt nor maintain any 
prohibition or restriction on the exportation or sale for export of any good destined for the territory of the other Party.   Since the Agreement ente red into force, the ATC has expired.   
 
3. Rules Of Origin 
 Chapter 3 of the Agreement covers rules of or igin.  In general, this Chapter provides three 
criteria under which goods will generally be considered to be originating goods: 1) wholly obtained or 
produced in the territory; 2) non-originating ma terials undergo the requisite change in tariff 
classification, the good meets any applicable regiona l value content requirement and the good satisfies 
all other requirements of the Chapter; or 3) pr oduced in the territory entirely from originating 
materials.   
 
 Regional value content can be calculated usin g two methods: the “build-down method” based 
on the value of non-originating materials used, an d the “build-up method” based on the value of 
originating materials used.     Articles 3.13 to 3.16 establish a method for f iling claims for preferential treatment.  Any 
denials of preferential treatment are required to be  issued in writing and contain the facts and laws 
relied upon in making the determination.      Textile and Apparel Rules of Origin
:  A textile or apparel produc t will generally qualify as an 
“originating good” only if all processing after fiber formation (e.g., yarn-spinni ng, fabric production, 
cutting, and assembly) takes place in the territory of one  or both of the Parties, or if there is an 
applicable change in tariff classification as specified in Annex 3-A.   Article 3.3.3 sets forth a special de minimis  rule for a textile or apparel good that would not 
ordinarily be considered to be an originati ng good, because fibers or yarns contained in the 
component of the good that determines origin do  not undergo an applicable change in tariff 
classification.  Under the special rule, such a tex tile or apparel good will be considered to be an 
originating good if such fibers or  yarns constitute seven percent or less of the total weight of the 
component of the good that determines origin.   However, this special de minimis  rule does not apply 
to elastomeric yarns.  Such yarns contained in th e component of the good that determines origin must 
be wholly formed in the territory of a Party in orde r for the good to be considered an originating good. 
 
 Under Article 3.18.4, the Parties agree to cons ult, upon request, to consider modifications to 
the textile and apparel rules of origin.  Such consu ltations may address availability of supply of fibers,  WT/REG161/3 
 Page 5 
 
 
 yarns, or fabrics in the territories of the Parti es.  Consultations also may address the effects of 
increasing global competition and the effects of e xpiration of the WTO Agreement on Textiles and 
Clothing.  
4. Standards 
 4.1 Technical Barriers To Trade 
  Chapter 6 of the Agreement covers technical barriers to trade.  The Chapter improves the 
implementation of the WTO Agreement on Technical Barriers to Trade (TBT) by enhancing bilateral 
cooperation in the area of technical regulations, standards, and conformity assessment procedures, 
with a view towards deepening the understanding of each Party’s systems.  The Chapter provides for 
consultations to resolve issues in this area and pr omotes the use of international standards as a basis 
for technical regulations, standards, and conformity  assessment procedures.  The Chapter also requires 
each Party to designate a coordinator to facilita te this enhanced cooperation, including by 
coordinating with interested parties.   With respect to conformity assessment and other areas of 
mutual interest, the Chapter encour ages the Parties to enhance their cooperation in the context of their 
bilateral, multilateral, regional and plurilateral agreements, with specifi c commitments to take steps to 
implement the APEC mutual recognition arrangement for conformity assessment of telecommunications equipment.      The Chapter also creates a Working Group on Medical Products to be chaired by the Food 
and Drug Administration and the Health Sciences Authority of Singapore.  The Working Group is 
intended to provide a forum for cooperation on produc t regulation issues of mutual interest through 
means other than mutual recognition agre ements or other binding commitments.   
  4.2 Sanitary And Phytosanitary Measures 
 
 With respect to trade in goods, the FTA incorporates Article XX of GATT 1994.  The Parties understand that these measures include environmenta l measures necessary to protect human, animal 
or plant life or health, as well as measures relating to conservation of living and non-living exhaustible natural resources.    5. Safeguards 
 Chapter 7 of the Agreement addresses safegua rds.  The Safeguards Chapter establishes a 
bilateral safeguard mechanism that permits a Part y to impose a temporary safeguard measure when a 
good of the other Party is being imported in such increased quantities and under such conditions as to 
constitute a substantial cause of serious injury or thr eat of serious injury to a domestic industry.  It 
does not affect the ability of each Party to take gl obal safeguard actions.  Special safeguard provisions 
for textile products are provided for in Chapter 5 of the Agreement.  
  Global Safeguards .  The Chapter maintains each country's right to take remedial action 
against imports from all sources under GATT 1994 Artic le XIX and the WTO Safeguards Agreement, 
without providing additional rights or obligations. 
 
 Bilateral Safeguard Actions .  The Chapter permits each Party to take bilateral safeguard 
actions during the transition period [if, as a result of the reduction or elimination of a customs duty 
under the Agreement, increased quantities of a good originating in the other Party constitute a 
substantial cause of serious injury, or threat thereo f, to a domestic industry producing a like or directly 
competitive product.  If an originating good of the other Party is being imported in such increased 
quantities and under such conditions that such imports  constitute a substantial cause of serious injury 
or threat thereof, the importing Party may suspend any further reduction in duties on that good, or WT/REG161/3 
Page 6  
 
 may increase the rate of duty on the good to a leve l not to exceed the lesser of the current most-
favored-nation (MFN) applie d duty rate or the MFN applied duty rate in effect immediately preceding 
the entry into force of the agreement.   A Party may impose a measure for an initial period of two years, which may be extended by 
another two years if there is a determination that the industry is adjusting and the measure continues 
to be necessary to prevent or remedy serious inju ry and to facilitate adjustment.  Where the measure 
will be in place for more than one year, the Party must progressively liberalize the measure at regular 
intervals.  A Party may impose a bilateral measure or a global measure, but not both at the same time.  No bilateral safeguard measures are permitted af ter expiration of the transition period.   
 
 The Chapter incorporates by reference the procedural and substantive investigation 
requirements set forth in Articles 3 and 4.2 of the WTO Safeguards Agreement.  It also requires each 
Party to notify the other Party when it initiates an investigation and to notify the other Party of any affirmative findings. 
 
 A Party that imposes a bilateral safeguard measure must provide mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or 
equivalent to the value of the additional duties exp ected to result from the measure.  If no agreement 
is reached on compensation within 30 days, th e other Party may suspend the application of 
substantially equivalent trade concessions. 
 
6. Anti-Dumping And Countervailing Measures 
 The Agreement provides that each Party reta ins its rights and obligations under the WTO 
Agreement with regard to the application of antidumping and countervailing duties.  
  7. Subsidies And State-Aid 
 The Agreement does not include provisi ons addressing subsidies and state aid. 
 
8. Sector-Specific Provisions 
Textiles
 
 
 Textiles and apparel will be duty-free immediately if they meet the Agreement’s rules of 
origin.  A limited amount of textiles and apparel c ontaining non-U.S. or non-Singaporean yarns, fibers 
or fabrics may also qualify for duty-free treatment.  
9. Other  
 None. 
  
III. GENERAL PROVISIONS OF THE AGREEMENT 
1. Exceptions And Reservations 
 Chapter 21 of the Agreement addresses excep tions.  The Free Trade Agreement does not 
require any Party to provide information contrary to its essential security interests; or prevent any 
Party from taking necessary actions to protect its secu rity interests.  The Agreement incorporates 
GATT 1994 Article XX and GATS Artic le XIV for various Chapters. 
  WT/REG161/3 
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 2. Accession 
 Accession is addressed in Chapter 21, the General and Final Provisions Chapter. The 
Agreement allows for non-Parties to accede to it subject to such terms and conditions as may be 
agreed between the non-Parties and the Parties,  and following approval in accordance with the 
applicable legal procedures of each country.   
 
3. Dispute Settlement Procedures 
 Chapter 20 addresses administrative arrangements and dispute settlement. The Free Trade 
Agreement sets out detailed procedures for a tr ansparent government-to-government dispute 
resolution process, and provides that the Parties shall attempt through coope ration and consultations 
to arrive at a mutually satisfactory resolution of any matter.  Disputes arising under both the 
agreement and the WTO generally may be settled in e ither forum at the discretion of the complaining 
government.    The agreement places priority on reaching an  amicable settlement. The Joint Committee 
created under the agreement (see item 5 below) is th e initial forum for resolution of disputes.  If the 
Joint Committee is unable to resolve a dispute with in a specified period (generally 60 days), the 
complaining Party may request the establishment of  a panel.  The Parties will establish rules of 
procedure that will provide for the protection of confidential information, open hearings and public 
release of submissions, an opportunity for th e panel to accept submissions from nongovernmental 
entities in the Parties’ territories.   
 
 In disputes where the panel has found that a Party has not conformed with its obligations 
under this Agreement or that a Party’s measure is  inconsistent with the Agreement and causing 
nullification or impairment of a benefit under speci fic Chapters, if the Parties are unable to reach 
agreement on a resolution following receipt of the final report of the panel, the Parties shall enter into 
negotiations to develop mutually acceptable compensation.  If the Parties are unable to agree on 
compensation, or if the complaining Party consider s that the defending Party has failed to implement 
the agreed resolution, the complaining Party ma y provide notice that it intends to suspend the 
application of benefits of equivalent effect. 
  Under the rules for labor and environment disput es, if a panel determines that a Party has not 
conformed to its obligations under specific provi sions and the Parties are unable to agree on a 
resolution or the complaining Party considers that the other Party has failed to implement the agreed 
resolution, the complaining Party may request that  the panel be reconvened to determine the amount 
of an annual monetary assessment to be imposed on the other Party.  4. Relation With Other Trade Agreements 
 The Parties reaffirm their existing rights and obligations with respect to each other under 
existing bilateral and multilateral agreements to which both Parties are party, including the WTO 
Agreement.  The Parties reserve the right to a dopt or maintain measures that accord preferential 
treatment pursuant to trade agreements in force or  signed prior to entry into force of the FTA. 
 5. Institutional framework 
 The Agreement establishes a Joint Committee th at will supervise the implementation of the 
agreement and assist in the resolution of disputes that may arise between the Parties regarding its interpretation or application.  The Joint Comm ittee is to meet in regular session every year. 
 
 WT/REG161/3 
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 IV. OTHER 
1. Transparency 
 Chapter 19 address transparency issues.  This Chapter sets out a number of requirements 
designed to foster openness, transparency and fa irness in the adoption and application of the 
administrative measures covered by the agreement.  For example, the Chapter requires that each 
government must promptly publish or make av ailable all laws, regulations, procedures and 
administrative rulings of general application con cerning matters covered by the agreement, and to 
extent possible, also provide interested persons  a reasonable opportunity to comment on them.  
Furthermore, a Party must provide information upon request from the other Party concerning any 
action that it has taken or intends to take.  Each government must wherever possible, provide 
reasonable notice of proceedings to affected pers ons of the other Party and afford such persons 
reasonable opportunity to present facts and arguments.   
2. Electronic Commerce 
 Chapter 14 of the Agreement covers Electronic Commerce.  The commitments in this Chapter 
provide that digital products that are imported or exported by means of electronic transmissions will 
not be subject to customs duties.  Where digital products are imported using a physical medium, such as a CD or tape, customs value (and any applicable  tariffs) will be assessed on the medium and not the 
content, e.g., not the value of th e software or information.   
  This Chapter also integrates principles of non- discrimination to ensure that digital products 
that are transmitted electronically benefit from discip lines fundamental to trade in goods and services. 
This is achieved through the requirement to pr ovide non-discriminatory treatment to like digital 
products involving a range of speci fic activities, such as creation, production, first sale and other 
activities or range of persons of the other Party asso ciated with the digital product.  The Agreement 
reaffirms that the disciplines in the Financial Servic es, Investment and Services Chapters apply to the 
supply of services through electronic means.   
 
3. Intellectual Property Rights  
 Chapter 16 of the Agreement addresses Intellect ual Property Rights.  The Agreement includes 
provisions on trademarks, geographical indications, copyrights, patents and data protection.  The 
Agreement also calls for str ong enforcement mechanisms.   
 
4. Government Procurement 
 Chapter 13 deals with government procurement.  As Singapore and the United States are both 
members of the WTO Agreement on Government Pr ocurement (GPA), the Government Procurement 
Chapter builds on the GPA by incorporating a numbe r of its provisions a nd elaborating on certain 
provisions.  The Chapter provides a comprehensiv e set of rules that apply to government 
procurement, requiring national treatment of th e other Party’s goods, services and suppliers, and 
prohibiting discrimination against locally established suppliers on the basis of foreign affiliation or 
ownership.  In addition, the Chapter e xpands market access between the Parties. 
 
5. Services 
 The agreement has substantial services sector al coverage and provides for the absence or 
elimination of substantially all discrimin ation (see Standard Format on Services). 
   WT/REG161/3 
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 6. Anti-Competitive Behavior 
 Chapter 12 of the Agreement addresses an ti-competitive business conduct.  Under the 
Agreement, each Party agrees to est ablish or maintain an authority responsible for enforcement of 
measures to proscribe anticompetitive business.  
 Each Party retains the right to designate pr ivately-owned and government-owned monopolies.  
The Parties will ensure that monopolies so desi gnated will operate on the basis of commercial 
considerations and provide non- discriminatory treatment to firms of the other Party.  
  Both Parties agree to ensure that their govern ment enterprises act in a manner that is not 
inconsistent with the Parties’ obligations under th e Agreement and adhere to the principle of non-
discrimination.    The Parties agree to provisions to promote transparency in their competition policies.  
 7. Trade And The Environment And Trade And Labor 
 Chapter 17 and 18 of the Agreement contain tr ade-related environmenta l and labor provisions 
in which the two countries affirm the importance of not waiving or derogating from their labor or 
environmental laws in order to encourage trade or  investment.  They also commit not to fail to 
effectively enforce their domestic labor and envi ronmental laws, through a sustained or recurring 
course of action or inaction, in a manner affecti ng bilateral trade. Both parties reaffirm their 
obligations as members of the International Labor Or ganization (ILO), and shall strive to ensure that 
their domestic laws provide for labor standards c onsistent with internationally recognized labor 
principles.  They also provide that labor standard s should not be used for protectionist trade purposes 
in line with the ILO Declaration on Fundamental Pr inciples and Rights at Work. Both parties shall 
also ensure that their domestic environmental laws provide for high levels of  environmental protection 
and shall strive to continue to improve such laws.  The two countries recognize that cooperation 
enhances opportunities for promoting the respect  of labor and environmental standards. 
     The full text of the Agreement is available on the following websites: 
 
 In Singapore:   www.fta.gov.sg/fta/pdf/FTA_USSFTA_Agreement_final.pdf
 
 
 In the United States: 
  www.ustr.gov/Trade_Agreements/Bilateral/Singapore_FTA/Section_Index.html
 
  WT/REG161/3 
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 ANNEX I.A   
 
U.S. IMPORTS FROM SINGAPORE  
   
• Singapore was the United States’ 13th largest import market in 2003 . 
 
• U.S. goods imports
 from Singapore totaled $15.1 billion  in 2003 , a 2.3 percent increase 
($336 million) from 2002, but down 1.4% over the last nine years.  U.S. imports from 
Singapore accounted for 1.2% of overall U.S. imports in 2003, down from 2.3% in 1994. 
 
• The five largest import categories in 2003 were: machinery ($7.7 billion), organic chemicals 
($2.3 billion), electrical machinery ($2.3 billio n), special other (repaired products) ($950 
million), and optic and medical instruments ($795 million). 
 
• U.S. imports of agricultural products  from Singapore totaled $85 million in 2003 .  Leading 
categories included: cocoa paste and cocoa butter ($26 million) and cocoa beans ($13 million). 
 Historical Trade Data
 
 
U.S. Goods Imports Singapore (in billions of US dollars)  
  
1980  
1985  
1990  
1994  
2000  
2001  
2002  
2003  
2004* 
 
Imports  
1.9  
4.3  
9.8  
15.4  
19.2  
15.0  
14.8  
15.1  
15.3 
*Annualized based on data for January-September 
 
 
 ANNEX I.B:   
 
SINGAPOREAN IMPORTS FROM THE UNITED STATES  
 
• The United States was Singapore’s second largest import market in 2003 . 
 
• Goods imports  from US into Singapore totaled S$31.1 billion  in 2003 , a 5.4 percent increase 
($1.6 billion) from 2002.  US’ imports accounted for 14% of Singapore’s total imports in 2003.  
 
• The five largest import categories in 2003 were: Aircraft and parts ($5.6 billion), Integrated 
circuits and semiconductors ($4 billion), Printed Circuit Boar ds and other computer parts 
($2.1 billion), Civil Engineering Equipmen t and parts ($1.9 billion), and Scientific 
Instruments and Apparatus ($1.4 billion). 
 
• Singapore’s imports of agricultural produc ts from Singapore totaled $654 million in 2003 .  
Leading categories included: edible fruits and nuts ($84 million) and food preparations ($73 
million). 
 
Singapore’s Goods Imports from the US (in billions of Singapore dollars)  
  
1980  
1985  
1990  
1994  
2000  
2001  
2002  
2003  
2004* 
Imports 7.3 8.8 17.6 23.9 34.7 34.1 29.5 31.1 26.9 
*Annualized based on data for January-September  WT/REG161/3 
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 ANNEX II 
 
TARIFF STAGING CATEGORIES 
 
Category Tariff elimination schedule 
A Immediate elimination upon entry into force of the Agreement. 
B Phasing out over a period of four years in equal annual increments from January 1, 2004. 
C Phasing out over a period of eight years in equal annual increments from January 1, 2004. 
D Phasing out over a period of 10 years in eq ual annual increments from January 1, 2004. 
E Goods shall continue to receive duty-free treatment. 
G Duties shall be eliminated entirely and shall be admitted without bond from January 1, 2004. 
H Duties shall be eliminated in accordance with the provisions set out for products in this 
category in Chapters 1-97. (NB:  These are Chapter 98 lines) 
 
  
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