WORLD TRADE  
ORGANIZATION  G/C/W/630 
29 October 2009 
 
 (09-5385) 
Council for Trade in Goods Original:   English 
   
TRANSITIONAL REVIEW UNDER ARTICLE 18 OF THE PROTOCOL  
OF ACCESSION OF THE PEOPLE’S REPUBLIC OF CHINA  
INFORMATION REQUIRED IN ANNEX 1A 
 
 
 The following communication, dated 28 Octobe r 2009, has been received from the delegation 
of China. 
 
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II. ECONOMIC POLICIES 
2.1  Non-Discrimination 
 
(a) The repeal and cessation of all WTO inconsis tent laws, regulations and other measures 
on national treatment. 
There have been no changes since last submission.  
 
(b) The repeal or modification to provide full GATT national treatment in respect of laws, 
regulations and other measures applying to in ternal sale, offering for sale, purchase, 
transportation, distribution or use of: a fter sale service, pharmaceutical products, 
cigarettes, spirits, chemicals and boil er and pressure vessels (for pharmaceutical 
products, chemicals and spirits there is a reservation of the right to use a transitional period of one year from the date of accession in order to amend or repeal relevant legislation) 
There have been no changes since last submission. 
  IV. POLICIES AFFECTING TRADE IN GOODS 
4.5  Export Restrictions 
 
(a) Any restrictions on exports through non-automa tic licensing or other means justified by 
specific product under the WTO Agreement or the Protocol . 
 
Information on export administration that Chin a provides here is for transparency purpose 
only and shall not be deemed as to mean that  the measures covered necessarily fall into the 
scope of export restriction as defined in the WTO. 
 
China maintains export administration on a small number of products for the purposes of 
protecting public interest, conserving the exhaustible natural resources, or undertaking 
obligations under international treaties, etc. This is in conformity to Article XX of 
GATT1994. G/C/W/630 
Page 2  
 
   
On non-tariff measures of the export administra tion, please refer to China’s 2009 notification 
on non-tariff measures to the Committee on Market Access pursuant to G/L/59. The 
notification contains detailed information on non-tariff expo rt administration measures, 
including, if applicable, export quota quantity. 
 
Regarding tariffs, China maintained export tari ffs on 373 8-digit HS headings of products on 
1 January 2009. 
 
4.9  State Trading Entities 
 
(a) Progressive abolishment of state trading in respect of silk measures, increasing and 
extending trading rights, granting the right to  trade to all individuals no later than  1 
January 2005. 
 
There have been no changes since last submission.  
 
(b) Access to supplies of raw materials in the te xtiles sector at conditions no less favourable 
than for domestic users, and not adversely aff ected access to suppli es of raw materials as 
enjoyed under existing arrangements. 
 
There have been no changes since last submission. 
 
(c) Progressive increases in access by non state tr ading entities to trade in fertilizer and oil 
and the filling of quantities available for import by non state trading entities. 
 
There have been no changes since last submission. Compared with the situation at the time of 
China’s accession, non-state trading enterprises fo r importation of crude oil, processed oil and 
chemical fertilizers has increased substantially in number.  
 
From 2003 to 2009, the quantities permitted for im portation of crude oil by non-state trading 
enterprise was respectively 9,520,000 tons, 10,950,000 tons, 12,600,000 tons, 14,500,000 
tons, 16,680,000 tons, 19,150, 000 tons and 22,000,000 tons. The quantities permitted for 
importation of processed oil by non-state tr ading enterprise was r espectively 5,300,000 tons, 
6,100,000 tons, 7,000,000 tons, 8,050,000 tons, 9,260,000 tons, 10,650,000 tons and 11,250,000 tons.  
 
2006 was the end year of the committed incr ease in tariff rate quota (TRQ) quantity for 
chemical fertilizer import by non state-trading enterprises. Therefore, TRQ quantities for chemical fertilizer import by non state-trading enterprises in 2006 and 2008 are the same. 
 
From 2003 to 2009, the quantities permitted for im portation of crude oil, processed oil and 
chemical fertilizers by non-state trading enterpri ses were fully allocated. Please also refer to 
China’s forthcoming notification on answer to the state-trading questionnaire to be submitted 
shortly to the Working Group on State-Trading Enterprises.  
 
4.10  Government Procurement 
 
(a) Laws, regulations and procedures 
 
Regarding government procurement, China h as initiated negotiation on accession into the 
Government  Procurement Agreement (GPA) . The application for accession into the GPA and 
Appendix I offer were submitted on 28 Decemb er 2007. In September 2008, China submitted  G/C/W/630 
 Page 3 
 
 
  Replies to the Checklist of Issues for Provisi on of Information Relating to Accession to the 
GPA. Up till now five rounds of negotiation on China’s accession to the GPA have been held, 
and China has received initial requests from seve n Members, namely the United States, the 
EC, Japan, Canada, Korea, Switzerland and Norway. The major legislation regarding government procurement in China is the Law of the People’s Republic of China on 
Government Procurement  which took effect on 1 January 2003. In this respect there have 
been no changes since last submission.  
 
(b) Procurement in a transparent manner and application   
  
To ensure transparency in government procur ement, information on laws, regulations and 
administrative measures relating to government  procurement, procurement opportunities, 
results of the contract award and advance exam ination on qualification of suppliers etc would 
all be published in the  designated  government procurement website of China  
(www.ccgp.gov.cn
), China Financial and Economic News  and  China Government 
Procurement magazine. All the procurement projects ope n to foreign suppliers are required to 
be implemented through tendering to provide foreign suppliers with equal opportunities. In 
the process of drafting relevant regulations, rules and administrative measures, public opinions and comments on the drafts are also to be solicited. 
 
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