WORLD TRADE  
ORGANIZATION  G/RO/W/137 
18 October 2010 
 (10-5386) 
Committee on Rules of Origin Original:   English 
 
 
 
SWITZERLAND’S COMMENTS ON DOCUMENT G/RO/W/111/REV. 5 
 
  The following communication, dated 15 October 2010, is being circulated at the request of the Delegation of Switzerland. 
 
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 Switzerland would like to draw the attention of the CRO to two issues related to the proposed 
rules of origin as set forth below:  
1. Wholly Obtained Goods – Swiss proposal
 
 
 Cell culture is the cultivation of human, anim al and plant cells unde r controlled conditions 
(such as defined temperature, growth medium, g az mixture, pH) outside of a living organism. 
  Cell culture is a fundamental component of tissue culture and tissue engineering, as it 
establishes the basis of growing and maintaining cells ex vivo .  The major application of human cell 
culture is in the stem cell industry. 
 
 Modern manufacturing technology in the production of pharmaceutical active ingredients can be cell culture-based.  By way of example, cell cultures of animal cell lines are used in the 
manufacture of viral vaccines (polio, measles, mu mps, rubella, chickenpox, seasonal influenza) and 
many products of biotechnology such as enzymes, synthetic hormones, immunobiologicals (monoclonal antibodies, interleukins, lymphoki nes), and anticancer agents.  Although many 
pharmaceutical active ingredients can be produced in  bacterial cultures, other pharmaceutical active 
ingredients are currently produced in animal cells (i.e., the  hormone erythropoietin). 
  The Swiss delegation deems it necessary to include  cell cultures of animal and/or plant origin 
in Appendix 1, Rule 1 (“Wholly Obtained Goods ”) of document G/RO/W/111/Rev.5 in order to 
embrace the recent rapid development in technology as described above.  
  The Swiss delegation proposes Appendix 1, Rule  1 (“Scope of Application”) as set forth in 
Document G/RO/W/111/Rev.5 be amended as follows: G/RO/W/137 
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Definitions Notes 
1. The following goods ar e to be considered as 
being wholly obtained in one country:  
(a) Live animals born and raised in that 
country; In definitions 1 (a), (b), and (c) the term "animals" 
covers all animal life, incl uding mammals, birds, fish, 
crustaceans, molluscs, reptiles, cells, bacteria and 
viruses. 
(b) Animals obtained by hunting, trapping, 
fishing, gathering or capturing in that 
country; Definition 1 (b) covers animals obtained in the wild, 
whether live or dead, whether or not born and raised in 
that country.  
(c) Products obtained from live animals or by 
using animal cell cultures in that country; Definition 1 (c) covers products obtained from live 
animals without further processing, including milk, eggs, natural honey, hair, wool, semen and dung or 
products obtained by using animal cell cultures in that 
country. 
(d) Plants and plant products harvested, picked 
or gathered in that country or obtained by 
using of plant cell cultures in that country; Definition 1 (d) covers all plant life, including fruit, 
flowers, vegetables, trees, seaweed, fungi and live 
plants grown in that country including their cells or 
products obtained by using plant cell cultures in that country.  
(e) Minerals and other naturally occurring 
substances, not included in definitions (a)-
(d), extracted or taken in that country; Definition 1 (e) covers crude minerals and other 
naturally occurring substances, including rock or solar 
salt, crude mineral sulphur occurring in free state, natural sands, clays, stones, metallic ores, crude oil, 
natural gas, bituminous minerals, natural earths, 
ordinary natural waters, natural mineral waters, natural 
snow and ice. 
(f) Scrap and waste derived from 
manufacturing or processing operations or from consumption in that country and fit 
only for disposal or for the recovery of raw 
materials;  Definition 1(f) covers all scrap and waste, including 
scrap and waste resulting from manufacturing or processing operations or consumption in the same 
country, scrap machinery, discarded packaging and 
household rubbish and all products that can no longer perform the purpose for which they were produced, and 
are fit only for discarding or for the recovery of raw 
materials.  Such manufacturing or processing operations include all types of processing, not only 
industrial or chemical but also mining, agricultural, 
construction, refining, incineration and sewage treatment operations. 
(g) Articles collected in that country which can 
no longer perform their original purpose 
there nor are capable of being restored or repaired and which are fit only for disposal 
or for the recovery of parts or raw materials;  
(h) Parts or raw materials recovered in that 
country from articles which can no longer perform their original purpose nor are 
capable of being restored or repaired;  
(i) Goods obtained or produced in that country 
solely from products referred to in (a) through to(h) above.  
 
 
 The aforementioned proposed am endments provide le gal certainty and give trade a modern 
framework to work with in a comp etitive international environment. 
  G/RO/W/137 
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  2. Chapter rules – “Change of particle size”/” reduction of particle size” –Swiss proposal  
 
 The Swiss delegation has noted that Primary Rule  4 (“Change in particle size”) has not been 
introduced in Chapters 31 and 33.  The Swiss de legation therefore proposes to introduce Primary 
Rule 4 (“Change in particle size”) in 31 and 33 as follows: 
 
Chapter 31  
 
Primary Rule 4: Change in particle size  
 
The deliberate and controlled modification of particle size of a good, other than by merely crushing, 
resulting in a good having a defined particle size, de fined particle size dist ribution or defined surface 
area, which are relevant to the purposes of the resulting good and have a different physical or 
chemical characteristics from the input materials is to be considered as origin conferring. 
 
Primary Rule 5:  Standard Materials   
 Standard materials (including standard solutions) ar e preparations suitable for analytical, calibrating 
or referencing uses having precise degrees of purity  or proportions which are certified by the 
manufacturer.  The production of standard materials is to be considered as origin conferring.    
 
Primary Rule 6:  Isomer Separation  
 
 The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring.  Chapter 33
 
 
Primary Rule 3: Change in particle size  
 The deliberate and controlled modification of particle size of a good, other than by merely crushing, 
resulting in a good having a defined particle size, de fined particle size dist ribution or defined surface 
area, which are relevant to the purposes of the resulting good and have a different physical or 
chemical characteristics from the input materials is to be considered as origin conferring. 
 
Chapter 34 and 35
 
 The Swiss delegation notes that Primary Rule 4 of Chapter 34 and Chapter 35 (“Reduction in particle 
size”) is not consistent with Primary Rule 4 of Ch apters 28-30, 32, and 38-39  (“Change in particle 
size”).  Therefore, in order to harmonize the word ing of Primary Rule 4 in Chapters 28 – 39, the 
Swiss delegation proposes the following amendments:  Primary Rule 4: Change in particle size
 
 
The deliberate and controlled modification of particle size of a good, other than by merely crushing, 
resulting in a good having a defined particle size, de fined particle size dist ribution or defined surface 
area, which are relevant to the purposes of the resulting good and have a different physical or 
chemical characteristics from the input materials is to be considered as origin conferring. 
 
 
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