Trinidad and Tobago WT/TPR/S/260 
 Page 21 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Procedures  
1. In December 2010, Trinidad and Tobago impl emented ASYCUDA World, which allows 
importers to submit forms electronically.  The Cu stoms Act was amended in 2011 to allow for the 
electronic submission of documents.  Importer must submit:  a customs declaration form (C82 or e-C82), an invoice (CARICOM area or commercial), a c opy of the airway bill or bill of lading, an 
import licence (if required), and a declaration on the C75/e-C75 form (C76/e-C76 forms are used 
when there is an on-going demand-supply relations hip between the importer and the supplier) signed 
by the importer.
1 The authorities stated that the migrati on to ASYCUDA World is 80% complete and 
approximately 75% of all importers input da ta directly using Direct Trader Input. 
2. For all imports in excess of TT$20,000, the importe r is required to hire a local customs broker 
to fill out the required documentation, this is subm itted to the Customs and Excise Office with the 
required documents and a fee of TT$40 for comme rcial declarations and TT$10 for all others.2  The 
Customs and Excise office determines all duties and tax es to be paid, and returns the documents to the 
importer, who pays the determined amount to the cu stom's cashier before the consignment is cleared.  
Where documentary submissions do not support physi cal examinations, with regards to quantity and 
the description of the declared goods, Customs may re quire payment of additional duties.  In cases of 
dispute pertaining to tariff classifications and/or th e applicable rates of duty, importers may opt to 
clear goods through deposit entry, whereby the amount of the disputed duties and taxes are paid as a 
deposit into an escrow account.  The dispute is  referred to the Classification Committee of the 
Comptroller of Customs, and if the Committee finds in favour of the importer the deposit is refunded. 
3.  In addition to introducing ASYCUDA World, the authorities stated that a single electronic 
window  project would be in operation during 2012 a llowing importers to lodge all documents 
electronically.  The single electronic window is exp ected to substantially reduce customs processing 
times.   
4. At the time of the last Review of Trinidad and Tobago, customs clearance took between three 
and five days.  According to the authorities, it is now less than two days for sea cargo and less than twelve hours for air cargo.  The World Bank indicates that, in 2011, it took seven working days to prepare the seven documents needed for import a nd a further five days for customs clearance and 
technical control.  Although total costs and time to import goods are comparable with other Caribbean 
countries, they are considerably greater than in countries ranked higher than Trinidad and Tobago for 
ease of doing business.
3 
5. Approximately 20-25% of imports are physically  inspected, compared with about 66% at the 
time of the previous Review.  Selection of goods  for inspection is based on the identity of the 
importer, type and value of goods, a nd the rate of duty to which they are subject.  For example, goods 
originating in Trinidad and Tobago's traditional trad ing partners and those subject to relatively lower 
rates of import duty are less likely to be inspected.  Mo re attention is paid to goods that the authorities 
believe might pose a security threat. 
                                                      
1 Customs and excise laws viewed at the Government of the Republic of Trinidad and Tobago, 
Customs and Excise website http://www.cu stoms.gov.tt/laws.php [October 2011]. 
2 For imports below TT$20,000 the customs broker is not required.  
3 World Bank (2011). WT/TPR/S/260 Trade Policy Review 
Page 22 
  
6. If importers disagree with customs decisions th ey may appeal within 90 days. In the first 
instance they may ask for an onsite administrative re view.  If a satisfactory solution is not reached, the 
importer has recourse to the Comptroller of Cust oms and Excise (Classification Committee) and then 
to the Tax Appeal Board.  The importer may also initiate a judicial review through the High Court.  
The authorities stated that the main reasons for co mplaints are differences in classification, resulting 
in a higher rate of duty and non-acceptance of customs valuation.  
7. Trinidad and Tobago has notified the WTO that it does not have legislation on, nor does it 
carry out, preshipment inspection.4      
(ii) Customs valuation  
8. During the period under review, there has been no change to customs valuation procedures.  
Customs value is determined based on the transactio n value of goods.  If the transaction value is not 
available the duty calculation is based on the transac tion value of identical goods or, if this is not 
possible, the transaction value of similar goods.  If none  of the above is available, the valuation price 
is based on the unit price of greatest aggregate, i.e.  the unit quantity price at which identical goods or 
similar imported goods are sold in the greatest aggregate quantity at or about the time of the 
importation of the goods being valued. If this is  not possible customs uses a computed value.5  The 
authorities stated that Customs maintains a database of  reference prices but this is not published. They 
also stated that approximately three quarters of import consignments are valued by customs according to their transaction value.    
9. The authorities pointed out that, while there is a dedicated valuations branch in the Customs 
and Excise Division, in nearly all cases a consignment is  valued by the customs officer at the point of 
entry and the dedicated valuations branch examines about 5% of all consignm ents where its expertise 
is required.  Under the Finance Act of 1993, the co mptroller may adjust the initial value if this is 
found to be incorrect within seven years of the da te of entry of the concerned goods.  Complaints 
concerning valuation may also be addressed to th e Tax Appeals Board.  During the period under 
review, 30 appeals were filed:  9 have been se ttled, 1 has been upheld and 16 are outstanding.  
10. The authorities stated that the customs va luation module of ASYCUDA World has been 
implemented, which should allow them to furthe r mitigate any attempts to under-value goods by 
importers.  
(iii) Tariffs  
(a) Structure 
11. In 2011, the applied MFN tariff in Trinidad a nd Tobago varied between duty free and 51%.  
Nearly all tariffs are applied on an ad valorem  basis, with 27 tariff lines subject to specific duties, 
representing 0.4% of all tariff lines, unchanged since th e last review.  The 2011 tariff, which is based 
on the HS 2007 nomenclature, comprised 6,295 lines at the eight-digit level down from 6,437 lines in 2004, which was based on the HS02 nomenclature (Table III.1). 
                                                      
4 WTO document G/PSI/N/1/Add.8, 28 September 1999. 
5 WTO document G/VAL/N/1/TTO/1, 12 November 1998. Trinidad and Tobago WT/TPR/S/260 
 Page 23 
 
 
Table III.1 
Structure of tariff schedule, 2004 and 2011  
(%) 
2004 2011 
1. Total number of tariff lines 6,437 6,295 
2. Non- ad valorem  tariffs (% of all tariff lines) 0.4 0.4 
3. Non- ad valorem  with no AVEs (% of all tariff lines) 0.4 0.4 
4. Tariff quotas (% of all tariff lines) 0.0 .. 
5. Duty-free tariff lines (% of all tariff lines) 45.4 61.4 
6. Dutiable lines tariff average rate (%) 16.7 22.2 
7. Domestic tariff "peaks" (% of all tariff lines)a 8.4 8.8 
8. International tariff "peaks" (% of all tariff lines)b 28.2 28.0 
9. Bound tariff lines (% of all tariff lines) 100.0 100.0 
.. Not available. 
a Domestic tariff peaks are defined as whose exceed ing three times the overall average applied rate. 
b International tariff peaks are defined as those exceeding 15%. 
Source:  WTO Secretariat calculations, based on data provided by the authorities of Trinidad and Tobago. 
(b) Tariff bindings 
12. Trinidad and Tobago has bound 100% of its tariff lines at the eight-digit level.  All bindings 
are ad valorem .  The overall average bound tariff is 57%;  it is 90% for agricultural products (WTO 
definition) and 51% for non-agricultural products . Under its Uruguay Round commitments, Trinidad 
and Tobago bound all agricultural products at 100%  except for seven items (some poultry products, 
fresh cabbage and lettuce, and roasted coffee bean s), which were bound at rates between 106% and 
156%.  Industrial products are mostly bound at  50%, but table salt, Portland cement, certain 
cosmetics, garments, footwear, some household du rables and cars and spare parts are bound at 70%.  
Other duties and charges have been bound at 15% for all products. 
13. The applied MFN rate exceeded the bound rate  on 50 lines in 2011, up from 44 in 2004 
(Table III.2). The authorities attributed the incr ease to the change in nomenclature to HS07 from 
HS02.  
Table III.2 
Items for which the applied MFN tariff ( 2011) exceeds the final bound rate, 2011 
HS code MFN 
duty Bound 
duty Product description 
01061110 40 15 Monkeys 
01061190 40 15 Other primates 
01061200 40 15 Whales, dolphins, a nd porpoises; manatees and dugongs 
01062010 40 5 Turtles 
01062090 40 15 Other reptiles 
01063100 40 15 Birds of prey 
01063910 40 15 Pigeons 
01063990 40 15 Other birds 
01069030 40 15 Dogs 
01069040 40 15 Cats 
01069090 40 15 Other 
06029010 15 0 Banana plants 
06029020 15 0 Coconut plants 
06029030 15 0 Cocoa plants 
06029040 15 0 Citrus plants 
   Table III.2 (cont'd) WT/TPR/S/260 Trade Policy Review 
Page 24 
  
HS code MFN 
duty Bound 
duty Product description 
07081010 40 0 Pigeon peas 
07081020 40 0 Black eye peas 
07081090 40 0 Other peas 
07082010 40 0 String beans 
07082020 40 0 Bora (bodi) beans (Vigna spp.) 
07082090 40 0 Other beans 
07089000 40 0 Other leguminous vegetables 
09041100 40 15 Pepper, neither crushed nor ground 
09041200 40 15 Pepper, crushed or ground 
09042020 40 15 Pimento (allspice) 
25221000 10 0 Quicklime 
25222000 10 0 Slaked lime 
25223000 10 0 Hydraulic lime 
36049090 20 15 Other fireworks 
37025100 20 5 Other film, of a width not exceed ing 16 mm and of a length not exceeding 14 m 
37025200 20 5 Other film, of a width not exceeding 16 mm and of a length exceeding 14 m 
37025300 20 5 Other film, of a width exceeding 16 mm but not exceeding 35 mm and of a length not 
exceeding 30 m, for slides 
37025600 20 5 Other film, of a width exceeding 35 mm 
42010000 20 15 Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle 
cloths, saddle bags, dog coats a nd the like), of any material 
43031000 20 0 Articles of apparel and clot hing accessories, articles of fur skin 
43039090 20 0 Other articles of apparel and clothing accessories, articles of fur skin 
43040020 20 0 Articles of artificial fur 
66011000 20 15 Garden or similar umbrellas 
66019100 20 15 Umbrellas having a telescopic shaft 
66019900 20 15 Other umbrellas 
66020000 20 15 Walking-sticks, seat-sticks, whips, riding-crops and the like 
68021010 20 15 Tiles, cubes and similar articles 
68022310 20 15 Granite articles, simply cut or sawn 
68022910 20 15 Other stone articles, simply cut or sawn 
68029110 20 15 Marble, travertine and alabaster articles 
68029210 20 15 Other calcareous stones articles 
68029310 20 15 Granite articles 
68029910 20 15 Other stone articles 
92021000 10 0 Other string musical in struments, played with a bow 
92029000 10 0 Other string musical instruments 
Source:  WTO Secretariat, based on th e Consolidated Tariff Schedule.  
(c) Applied tariff 
14. The average applied MFN tariff (excluding specifi c duties) in 2011 was 8.5%, down from 9% 
in 2004, reflecting increased liberalization. The decrease was due to the removal of certain nuisance 
duties in 2007.  The difference between averag e bound rates and the average applied MFN rates 
(49%) gives the authorities considerable scope to in crease tariffs, which creates some unpredictability 
for importers (Table III.3).  Over 90% of applied tariff rates range from zero to 20%, while the modal 
or most common rate is zero;  over 60% of tariff lines are duty free (Chart III.1). Trinidad and Tobago WT/TPR/S/260 
 Page 25 
 
 
Table III.3 
Summary analysis of Trinidad  and Tobago's MFN tariff, 2009 
MFN  
Description No. of 
lines Average 
(%) Range 
(%) Coefficient of 
variation 
(CV) Final bound 
averagea 
(%) 
Total 6,295 8.5 0 - 50.7 1.4 57.4 
HS 01-24 1,124 20.2 0 - 50.7 0.8 85.4 
HS 25-97 5,171 6.0 0 - 45 1.5 51.4 
By WTO category 
WTO Agriculture 1,028 17.5 0 - 50.7 1.0 90.4 
 - Animals and products thereof 149 22.5 0 - 40 0.7 84.9 
 - Dairy products 24 11.9 0 - 40 1.0 100.0 
 - Coffee and tea, cocoa, sugar etc. 172 16.9 0 - 40 0.9 94.6 
 - Cut flowers, Plants 48 9.6 0 - 40 1.7 73.5 
 - Fruit and vegetables 258 23.8 0 - 40 0.7 96.7 
 - Grains 29 14.3 0 - 40 0.9 76.4 
 - Oil seeds, fats and oils and their Products 94 16.0 0 - 40 1.2 89.1 
 - Beverages and spirits 108 21.3 0 - 40 0.6 100.0 
 - Tobacco 10 35.5 0 - 50.7 0.7 100.0 
 - Other agricultural products n.e.s. 136 2.8 0 - 40 2.7 81.2 
WTO Non-agriculture (incl. petroleum) 5,267 6.8 0 - 45 1.5 50.9 
 - WTO Non-agriculture (excl. petroleum) 5,241 6.8 0 - 45 1.5 50.9 
 - - Fish and fishery products 174 27.5 0 - 40 0.6 50.0 
 - - Mineral products, precious  stones and precious metals 395 7.1 0 - 30 1.5 43.4 
 - - Metals 720 3.1 0 - 20 2.1 47.9 
 - - Chemicals and photographic supplies 1,007 3.8 0 - 40 2.0 50.7 
 - - Leather, rubber, footwear and travel goods 179 7.3 0 - 30 1.3 51.7 
 - - Wood, pulp, paper and furniture 329 7.6 0 - 20 1.1 50.8 
 - - Textile and clothing 915 8.5 0 - 30 1.2 56.8 
 - - Transport equipment 185 7.1 0 - 45 1.7 52.6 
 - - Non-electric machinery 590 2.6 0 - 30 2.7 50.3 
 - - Electric machinery 264 7.2 0 - 30 1.4 53.1 
 - - Non-agriculture articles n.e.s. 483 11.4 0 - 30 0.9 49.3 
 - Petroleum 26 11.0 0 - 30 1.3 44.6 
By ISIC sectorb 
Agriculture and fisheries 412 21.4 0 - 40 0.9 67.8 
Mining 107 2.4 0 - 30 3.1 37.7 
Manufacturing 5,775 7.7 0 - 50.7 1.4 57.0 
By HS section 
  01  Live animals & prod. 331 24.4 0 - 40 0.7 71.5 
  02  Vegitable products 383 18.9 0 - 40 1.0 84.6 
  03  Fats & oils 53 25.3 0 - 40 0.7 97.2 
  04  Prepared food etc. 357 16.8 0 - 50.7 0.7 97.2 
  05  Minerals 187 4.5 0 - 30 2.0 41.9 
  06  Chemical & prod. 938 3.4 0 - 40 2.2 51.9 
  07  Plastics & rubber 244 6.0 0 - 30 1.4 52.6 
  08  Hides & skins 80 7.4 0 - 20 1.3 44.8 
  09  Wood & articles 133 8.8 0 - 20 0.9 46.0 
    Table III.3 (cont'd) WT/TPR/S/260 Trade Policy Review 
Page 26 
  
MFN  
Description No. of 
lines Average 
(%) Range 
(%) Coefficient of 
variation 
(CV) Final bound 
averagea 
(%) 
  10  Pulp, paper etc. 172 5.0 0 - 20 1.7 51.3 
  11  Textile & articles 902 8.1 0 - 20 1.2 57.3 
  12  Footwear, headgear 60 15.3 0 - 20 0.5 59.7 
  13  Articles of stone 186 6.8 0 - 25 1.3 46.4 
  14  Precious stones, etc. 62 15.5 0 - 30 1.0 44.4 
  15  Base metals & prod. 712 3.6 0 - 20 2.0 48.6 
  16  Machinery 871 4.2 0 - 30 2.0 51.4 
  17  Transport equipment 196 6.8 0 - 45 1.7 52.5 
  18  Precision equipment 229 8.8 0 - 30 1.3 48.3 
  19  Arms and ammunition 24 21.3 0 - 30 0.5 42.5 
  20  Miscellaneous manufactures 167 14.3 0 - 20 0.5 52.5 
  21  Works of art, etc. 8 20.0 20 - 20 0.0 50.0 
       
By stage of processing 
First stage of processing 820 16.3 0 - 40 1.2 62.3 
Semi-processed products 1,850 1.6 0 - 40 3.3 50.8 
Fully-processed products 3,625 10.3 0 - 50.7 1.1 59.6 
a Bound rates are provided in HS2002 classi fication and applied rates in HS2007;  therefore there may be a difference between t he 
 number of lines included in the calculation. 
b ISIC (Rev.2) classification, excluding electricity (1 line). 
Source:  WTO Secretariat estimates, based on data provide d by the authorities of Trinidad and Tobago.  
(61.4%)
(0.6%)(3.4%)(6.1%)(18.7%)
(0.6%)(2.0%)(6.7%)
0102030405060708090100
05001,0001,5002,0002,5003,0003,5004,0004,500
Duty free >0-5 >5-10 >10-15 >15-20 >20-25 >25-30 >30Chart III.1
Frequency distribution of MFN tariff rates, 2011
Number of tariff linesaPer cent
Cumulative per cent
Number of lines (% of total)
The total number of lines is 6,295.  Due to the non-use of the non- ad valorem duties in the calculations, the figures may 
not sum to 100%.
WTO Secretariat calculations, based on data provided by the authorities of Trinidad and Tobago.a
Source : 
 Trinidad and Tobago WT/TPR/S/260 
 Page 27 
 
 
15. As per WTO sectoral definitions, average tariffs on agricultural products are higher than those 
for non-agricultural products.  Furthermore, during the period under review, the average applied MFN 
tariff on agricultural products rose from 17.1% in 2004 to 17.5% in 2009.  In contrast, the average applied MFN tariff on non-agricultural products declin ed from 7.6% to 6.8% over the same period.  
16. Duty-free rates apply to nearly 42% of agricu ltural tariff lines and 71% of industrial lines.  
Although all duties are bound in ad valorem  terms, specific duties are applied on 27 tariff lines 
(mainly alcoholic beverages) (Table III.4).  Th ese products are included in List C of the CARICOM 
CET exceptions.  It is possible that the applicati on of specific duties could lead to the applied duty 
exceeding the bound rate.  There were no figures to allow the estimation of ad valorem  equivalents 
(AVEs) of the specific duties;  as a consequence,  all tariff statistics calculations exclude these 
27 lines.  
Table III.4 
Specific duties, 2011 
HS Heading Product description Specific duty rate 
22030010 Beer $8.79 per litre 
22030020 Stout $10.99 per litre 
22030090 Other beer made from malt $10.99 per litre 
22041000 Sparkling wine $87.88 per litre 
22042100 Other wine, in containers hol ding 2 litres or less $48.59 per litre 
22051000 Vermouth, in containers hol ding 2 litres or less $65.91 per litre 
22059000 Vermouth, ot her $65.91 per litre 
22060010 Shandy $43.94per litre 
22060090 Other fermented beverages $43.94 per litre 
22071000 Undenatured ethyl alcohol of an alcoholic strength by volume of 80% or higher $31.42 per litre 
22072000 Ethyl alcohol and other spirits, de natured, of any strength $2.91 per litre 
22082010 Brandy, in bottles of a strengt h not exceeding 46% volume $76.90 per litre 
22082090 Brandy, other $76.90 per litre 
22083010 Whiskies, in bottles of a strength not exceeding 46% volume $76.90 per litre 
22083090 Whiskies, other $76.90 per litre 
22084010 Rum and tafia in bottles of a stre ngth not exceeding 46% volume $76.90 per litre 
22084090 Rum and tafia,  other $76.90 per litre 
22085010 Gin and Geneva, in bottles of a st rength not exceeding 46% volume $76.90 per litre 
22085090 Gin and Geneva, other $76.90 per litre 
22086000 Vodka $87.88 per litre 
22087000 Liqueurs and cordials $87.88 per litre 
22089010 Aromatic bitters used as a flavouri ng agent for food and beverages $2.42 per litre 
22089020 Other aromatic bitters $31.42 per litre 
22089090 Other aromatic bitters, other $31.42 per litre 
21069080 Preparations, other than those ba sed on odoriferous substances $35.00 per litre 
37061000 Cinematographic film, exposed and developed, whet her or not incorporating 
sound track or consisting only of sound track, of a width or 35 mm or more $3.00 per 100 metres 
37069000 Cinematographic film exposed a nd developed, other $3.00 per 100 metres 
Source:  Information provided by the authorities of Trinidad and Tobago. 
17. During the period under review, Trinidad and Tobago applied import surcharges on a limited 
number of agricultural products, mainly poultry at rates of 40% and 86%, and sugar at 60% and 75% 
(Table III.5).  The system of import surcharg es was introduced in 1990 under the Miscellaneous 
Taxes Act to provide temporary protection for local ly produced goods during the period of transition 
to complete tariffication of the trade regime, but it remained in place after the process was completed.  
The rates are applied in addition to any tariff. 
18. The list of products subject to surcharges has been trimmed gradually, through reductions and 
the phasing out of rates.  In 20 11, the only remaining surcharges we re on fatty livers of geese or ducks 
at 86%, beet, flavoured, and coloured sugar at 60%, and icing sugar at 75%.   
 WT/TPR/S/260 Trade Policy Review 
Page 28 
  
Table III.5 
Import surcharges, 2005-11 
HS 2007 
heading  Description of goods MFN 
tariff rateRates of surcharge 
   2005 2006 2007 2008 2009 2010 2011
0207.14.10  Backs and necks of fowl of the species Gallus 
domesticus 40 40 40 0 0 0 0 0
0207.14.20 Wings of fowl of the species Gallus domesticus 40 40 40 0 0 0 0 0
0207.14.90  Other, of fowl of the species Gallus domesticus 40 40 40 0 0 0 0 0
0207.27.10  Backs, necks and wings of turkeys 40 40 40 40a0 0 0 0
0207.27.90  Other, of turkeys 40 40 40 40a0 0 0 0
0207.32.00 Not cut in pieces, fresh or chilled  40 86 86 86a0  0  0 0 
0207.33.00 Not cut in pieces, frozen 40 86 86 86a0  0  0 0 
0207.34.00  Fatty livers of geese or ducks 40 86 86 86 86 86 86 86
0207.35.00 Other meat of ducks 40 86 86 86a 0  0  0 0 
0207.36.00 Other, frozen 40 86 86 86a0 0 0 0
1701.11.00 
1701.11.10  
1701.11.19 Cane sugar 
Cane sugar for retail sale in packages of not 
more than 10 kg. 
Other cane sugar 40 60 60 60
6060 
  
60 60 
  
60 0
b
0b 0
0
1701.12.00 Beet sugar  40 60 60 60 60 60 60 60
1701.91.00 Other: 
Containing added flavouring or colouring 
matter 40 60 60 60 60 60 60 60
1701.99.10  Icing sugar 25 75 75 75 75 75 75 75
1701.99.90 Other 40 60 60 60 60 60 0b0b
a Zero with effect from August. 
b With effect from March.   
Source: Information provided by the authorities of Trinidad and Tobago.  
(d) Tariff dispersion 
19. Apart from the overall level of the tariff, as refl ected in the average applied MFN tariff rate, 
there are potential efficiency losses due to the disp ersion of these tariff rates across product lines.  The 
greater the differentials in tariff rates, especially  within groups of similar and thus substitutable 
products, the higher the chance that consumer and producer decisions are distorted by the tariff 
structure.  The implication is that similar goods can be taxed at different rates, thereby increasing the 
complexity of the tariff structure and thus creati ng the incentive for misclassification and tax evasion 
as well as increasing trade distortion.   During the pe riod under review, it appears that the dispersion 
of tariff rates has remained largely unaltered;  th e proportion of tariff lines involving domestic tariff 
peaks rose slightly, while those involving internati onal peaks declined slightly.  The overall standard 
deviation of the tariff rates increased slight ly from 1.3% in 2004 to 1.4% in 2009.  
(e) Tariff escalation 
20. In industries that display positive escalation, th e effective rate of protection is high and may 
result in inward orientation of production.  On the other hand, where there is mixed or negative 
escalation, the negative part may result in loss of  competitiveness with resp ect to semi-processed 
products.  In aggregate, Trinidad and Tobago's tariff structure displays mixed escalation:  the average 
applied MFN tariff in 2009 was 16. 3% on raw materials;  1.6% on semi-processed products;  and 
10.3% on fully processed products (Table III.3).  At a more disaggregated (ISIC two-digit) level:  the 
tariff displays positive escalation in wood products;  chemicals and plastics, food and beverages, and 
non-metallic mineral products display mixed escala tion;  there appear to be no imports of Trinidad and Tobago WT/TPR/S/260 
 Page 29 
 
 
semi-processed products in the textile and apparel sector, no raw material imports in the paper and 
printing sector (Chart III.2).   
0.05.010.015.020.025.030.0Raw materials Semi-processed Fully processedChart III.2
Tariff escalation by IS IC 2-digit industry, 2011
Per cent
Source : WTO Secretariat estimates, based on data provided by the authorities of Trinidad and Tobago.Food, 
beveragesTextiles, 
apparelWood 
productsPaper, 
printingChemicals, 
plasticsNon-
metallic 
mineral 
productsBasic 
metal 
productsFabricated 
metal 
products NOT APPLICABLENOT APPLICABLE
 
(f) CARICOM Common External Tariff 
21. As a member of CARICOM, Trinidad and Tobago applies the CARICOM Common External 
Tariff (CET).  National exceptions to the CET are de tailed in "List A" (items in respect of which 
member states wish to encourage national productio n) and "List C" (items for which minimum rates 
have been agreed, but can be increased up to bound  levels by members).  Trinidad and Tobago has 
submitted a list of 93 tariff lines for List A, co mprising agricultural products, petroleum products, 
lavatory sets, and household washing machines and drye rs.  All tariffs applied to items in List A are 
lower than or equal to the CET and are subject  to a maximum customs duty of 40%.  Products 
included in this list are granted indefinite suspension of the CET. 
22. Applied tariff rates for List C products are de termined by the different CARICOM member 
countries.  Common rates are determined by all me mbers, but only for reference purposes.  Products 
contained in List C are generally subject to a mini mum rate.  A total of 209 (seven-digit) HS tariff 
lines are included in List C (automobiles, some electr ical appliances, precious metals, beer, wine and 
spirits) and are subject to tariff rates that exceed  maximum CET rates or to specific duties.    
(g) Tariff concessions, suspensions, and other modifications 
23. Trinidad and Tobago provides both general and sect or-specific import incentives as set out in 
in Section 56 of the Customs Act, the Free Zones Act of 1988, the Tourism Development Act of 2000, and the Fiscal Incentives Act of 1979.  At present,  concessions apply to equipment, material, and WT/TPR/S/260 Trade Policy Review 
Page 30 
  
supplies imported for use in offshore petroleum expl oration and petroleum op erations, and to goods 
included in the List of Conditional Duty Exemptions  to the CET. Goods on th is List of Conditional 
Duty Exemptions can be imported at a rate lower than  that set out in the CET, when they are imported 
for the purposes stated in the List.6  In the case of Trinidad and Tobago, this applies mostly to non-
competing inputs and capital goods, which are subject to a CET rate of 5% but are actually imported 
duty free or at 2.5%.     
24. Goods on the "List of Items Ineligible for Duty  Exemption to the CET" cannot be exempted 
(in whole or in part) from duty when they are im ported for use in industry , agriculture, fisheries, 
forestry, and mining.  The list of ineligible items is made up of goods produced in CARICOM 
countries in quantities considered adequate to justif y the application of tariff protection (safeguard 
clause), and includes a wide range of products, mostly agricultural goods, textiles and clothing products, footwear, toiletries, and some electrical appliances.  These items may only be eligible for 
exemption from duty if they are imported "for ot her approved purposes" according to Section XI of 
the List of Conditional Duty Exemptions, and provided they have been made available as gifts or on a 
concessionary basis.  
25. Under the Customs Act, the Minister of Finan ce is empowered to grant a partial or total 
waiver or relief from import duties on specific goods , upon request by individuals or organizations.  
This is done through a Common External Tariff (Sus pension) or (Reduction) Order.  Duties may also 
be increased by Order.  Between 2005 and 2011, 4,345 such licences were granted.
7 
(h) Tariff preferences 
26. Imports from CARICOM member states enter Trinidad and Tobago duty free provided they 
meet the rules of origin criteria.  Lists of nationa l exemptions to the duty-free rule are contained in 
Schedule I of the CARICOM Treaty.  Trinidad and Tobago may impose import duties or quantitative 
restrictions on fresh milk and cream, evaporated and condensed milk, tyre repair materials, and rubber 
tyres from other CARICOM member states.  It has not done so during the period under review. 
27. As a member of CARICOM, Trinidad and Toba go provides preferential treatment to groups 
of products from countries with which CARICOM h as bilateral preferential  trade arrangements.  
Certificates of origin, as defined under the rules of or igin in each agreement, are required in order to 
benefit from the lower duties provided for under each agreement.   
 The Colombia-CARICOM agreement provides for duty-free access for some products from 
Colombia, and reduced duties on others8;  
 the CARICOM-Dominican Republic agreements  provide for duty-free entry for all goods 
from the Dominican Republic except for tho se included in Appendices II and III to the 
agreement;   
 under the CARICOM-Cuba agreement, Trinidad and Tobago agreed to grant duty-free access 
to a range of products in 66 HS chapters, as well as a phased tariff reduction to 0% over four 
years, for a limited number of products9;  and 
                                                      
6 Import duty concessions are provided for machinery, equipment, and raw materials that are to be used 
in manufacturing, agriculture, livestock, fisheries, fore stry, mining, energy and hotels.  The incentives are 
provided so that these industries ha ve access to inputs at world market prices so as to be competitive.  
7 Information provided by the authorities. 
8 The authorities stated that this agreement had not been operationalized. Trinidad and Tobago WT/TPR/S/260 
 Page 31 
 
 
 under the CARICOM-Costa Rica Free trade Agreement, Trinidad and Tobago provides 
duty-free access to most products from Costa Rica. 
(i) Tariff quotas 
28. Although tariff quotas may be imposed temporarily by the Minister of Finance, at the time of 
writing and as a general rule, Trinidad and Tobago  does not use preferential or non-preferential tariff 
quotas. 
(j) Quantitative restrictions 
29. Quantitative restrictions apply only for ozone-d epleting substances.  In accordance with the 
Montreal Protocol, Trinidad and Tobago agreed to implement the phase-out on the consumption of 
chlorofluorocarbons (CFCs):  CFCs 11, 12, 113, 11 4, 115 at the level of average imports for 1995-97, 
effective 1 July 1999.  A quota system was implemented accommodati ng only importers whose 
historical records showed that they imported CFCs during 1995-97.  Consequently, quotas were 
issued to only eight importers. Complete phase-out was achieved on 31 December 2007.  
30. For the phase-out of methylbromide, effective 1 January 2002, a quota was set at the level of 
average imports for 1995-98.  Quotas have  been issued to only one importer.10 
(k) Other duties and taxes 
31. VAT is applied on most goods and services at a rate of 15%;  for imports, the VAT is levied 
on the c.i.f. value plus import duties and other ta xes.  A number of products and services are zero-
rated, while others are exempt from VAT.  During the period under review, the number of items that 
are zero-rated increased.  These now include: unprocessed food of a kind used for human 
consumption; rice; flour; milk in any form, including processed and tinned milk; margarine; bread; 
baby formulas and baby milk substitutes; cheese a nd curd; corned beef; curry; fresh butter; peanut 
butter; table salt; salted butter; tinned sardines; sm oked herrings; toilet paper; yeast; baking powder; 
pasta; cane sugar; cocoa powder, whether or not containing added sugar or other sweetening matter; 
coffee; mauby; orange juice.  Also zero-rated are natural gas, crude oil, agricultural chemicals and 
equipment;  medicines;  aeroplanes and ships supplied to the State;  books;  and steel-band 
instruments.  Services, including educational, me dical, private transport, real estate, hotel 
accommodation for more than 30 days, and most financial services, are exempt from VAT, although financial services are subject to a transaction tax of 15%. 
32. Excise duties are applied to certain goods, whether produced domestically or imported 
(Table III.6).  Although applied equally to imports an d to domestic production, the rate applied to rum 
is less than half that applied to some other distilled beverages.   
Table III.6 
Excise duties, 2011 
HS No. Description of goods Excise duty Applied MFN tariff 
2202902 Malt beverage TT$0.26/l. 20% 
2203001 Beer TT$4.28/l. TT$5.20/l. 
2203002 Stout TT$4.28/l. TT$6.50/l. 
2203009 Other TT$4.28/l. TT$6.50/l. 
220410 Sparkling wine TT$29.33/l. TT$52.00/l. 
Table III.6 (cont'd)
                                                                                                                                                                     
9 The authorities stated that this agreement was not operational as there had been no imports from 
Cuba. 
10 WTO document G/LIC/N/3/TTO/9, 22 September 2010. WT/TPR/S/260 Trade Policy Review 
Page 32 
  
HS No. Description of goods Excise duty Applied MFN tariff 
2204202 Other wine TT$13.69/l. TT$28.75/l. 
220710 Undenatured ethyl alcohol of an alcoholic 
strength by volume of 80% vol. or higher TT$105.92/l. TT$18.59/l. 
220720 Ethyl alcohol and other spirits, denatured, 
of any strength TT$105.92/l. alc./vol. TT$1.72/l. 
2208201 Brandy and blended brandy in bottles of a 
strength not exceeding 46% vol. TT$140.08/l. alc./vol. TT$45.50/l. 
2208209 Brandy and blended brandy, ot her TT$140.08/l. alc./vol. TT$45.50/l. 
2208301 Whiskies in bottles of a strength not 
exceeding 46% vol. TT$140.08/l. alc./vol. TT$45.50/l. 
2208309 Whiskies, other TT$140.08/l. alc./vol. TT$45.50/l. 
2208401 Rum and tafia and rum punch in bottles, 
strength not exceeding 46% vol. TT$66.04/l. alc./vol. TT$45.50/l. 
2208409 Rum and tafia and rum punch, ot her TT$66.04/l. alc./vol. TT$45.50/l. 
2208501 Gin and geneva in bottles of a strength not 
exceeding 46% vol. TT$140.08/l. alc./vol. TT$45.50/l. 
2208509 Gin and geneva, other TT $140.08/l. alc./vol. TT$45.50/l. 
2208901 Vodka TT$140.08/l. alc./vol. TT$52.00/l. 
2208902 Cordials and liqueurs TT$140.08/l. alc./vol. TT$52.00/l. 
22089090 Other TT$140.08/l. alc./vol.  
240220 Cigarettes TT$3.81 per pack of 20 30% 
240310 Smoking tobacco TT$49.78/kg. 30% 
240210 Cigars TT$26.23/kg. 30% 
ex271013 Premium gasoline 99.696 cents/l. 30% 
ex271013 Regular gasoline 99.696 cents/l. 30% 
ex27103 Unleaded 92 gasoline 99.696 cents/l. 30% 
ex271031 Diesel oil – auto 19.609 cents/l. 30% 
ex271031 Diesel oil – marine 19.609 cents/l. 30% 
Source:  Information provided by the authorities of Trinidad and Tobago. 
(iv) Rules of origin 
33. According to its notifications to the WTO,  Trinidad and Tobago does not maintain any 
non-preferential rules of origin.11  For imports from other CARICOM members, it applies CARICOM 
preferential rules of origin.  To comply with th ese rules, goods are deemed to be from the Common 
Market if they have been:  (a) completely pro duced within CARICOM;  or (b) produced within 
CARICOM wholly or partly from materials impor ted from third countries, provided a substantial 
transformation has taken place within CARICOM (Table III.7).  Substantial transformation may be achieved by change of tariff heading, or may be de fined specifically for each tariff heading in Part A 
of the List in Schedule II of the CARICOM Treaty .  Furthermore, under a "safeguard" mechanism, a 
manufacturer may use materials from outside the re gion when they are not available in a CARICOM 
State.  However, the Council for Trade and Econo mic Development needs to provide a waiver to 
authorize such imports.  Duty-free treatment is acco rded only if goods are shipped directly between 
member states.  Additionally, a  certificate of or igin from the exporting country is required with 
verification taking place at the importing end.  
Table III.7 
CARICOM rules of origin  
Product Rules of origin 
A range of:  meat products;  fish;  vegetables (frozen, preserved or 
dried); fruits (frozen, preserved or dried) and nuts;  products of milling 
industry;  oil seeds;  vegetables materials;  cocoa beans;  sugar;  molasses Wholly produced 
Table III.7 (cont'd)  
                                                      
11 WTO document G/RO/N/24, 15 January 1999. Trinidad and Tobago WT/TPR/S/260 
 Page 33 
 
 
Product Rules of origin 
A range of:  oils;  animal products;  sugar confectionery;  vegetable, 
fruit and nut preparations;  mine ral waters;  liqueurs and other 
spirituous beverages;   vinegar;  wood, wood products and carpentry 
work;  wicker work;  ceramic products ;  articles of cement;  articles of 
plaster;  articles of glass;  jewellery;  gold and silver in semi-
manufactured forms;  steel products Produced from regional materials 
A range of chemical products included in HS Chap ters 28-39 Produced by chemical transformation 
A range of plastics products Non-regional mate rial content must not exceed 10% of the 
export price of the finished product 
Articles of apparel, clothing, accessori es and other articles of fur skin 
(HS 43.03) Produced from materials not included in HS 43.03 and not 
being fur skins assembled in plates, crosses or similar forms 
Dyed or printed fabrics Value of extra-re gional materials must not exceed 30% of the 
export price of the finished product 
Paper products;  a range of products included in HS Chapters 73-96:  
copper, nickel and aluminium and arti cles thereof;  lead, tin and zinc 
and articles thereof;  other base meta ls;  miscellaneous articles of base 
metal;  tools;  machinery and mechanical appliances;  boilers;  electrical machinery and parts;  railway or tramway locomotives and 
parts thereof;  vehicles other than railway and tramway locomotives 
and parts thereof;  aircraft and pa rts thereof;  ships and boats and 
floating structures;  optical, photogra phic, cinematographic, measuring, 
checking, medical or surgical inst ruments and apparatus and parts and 
accessories;  clocks and watches;  musical instruments;  furniture;  arms and ammunition;  toys;  miscellaneous articles Value of extra-regional materials must not exceed 50% of the 
export price of the finished product 
Source:  Information provided by the authorities of Trinidad and Tobago. 
(v) Import prohibitions, restrictions, and licensing 
34. Under the Customs Act, the President may im pose import prohibitions by executive order.  
No such prohibitions have been imposed during the period under consideration.   Section 45 of the Act 
lists specific import prohibitions.  These include: trade-marked goods unless accompanied by a definite indication of the country in which the g oods were made or produ ced;  goods prohibited under 
the Animal Diseases and Importation Act;  counterfeit coins and stamps;  arms and ammunition;  toy 
guns resembling firearms;  indecent or obscene articles or matter;  coin-operated mechanical games;  
camouflage material;  rat poison containing arsenic ;  saccharin, except to licensed pharmacists and 
members of the Medical Board;  brandy and ru m not meeting alcoholic volume or packaging 
specifications
12;  spirits and wines in general not meeting packaging specifications ;  extracts, essences 
and other concentrations of tobacco, except under certa in conditions;  tobacco products in general, not 
meeting certain packaging conditions;  unrefined sugar not manufactured in Trinidad and Tobago, 
except with permission from the President;  and left -hand drive vehicles, ex cept those destined for 
specific uses.  The authorities noted that the reas ons for these prohibitions include moral issues (e.g. 
obscene prints), security (e.g. arms and ammun ition), prevention of diseases (e.g. importation of 
animals) and curbing smuggling (importation of  alcoholic beverages and tobacco products). 
35. Since 2005, there has been no change to the import licensing regime13, which is regulated by 
the Imports and Exports Control Regulations 1941 (s cheduled as part of the Trade Ordinance No. 19 
of 1958).  The licensing system is a statutory re quirement, published as Legal Notice No. 69 of 1999. 
Goods subject to licensing remained unchange d during the review period (Table III.8). 
                                                      
12 Brandy must contain at least 40% alcohol by volume unless the importer can prove to Customs that 
the brandy is of at least 10 years maturity and is in se curely sealed bottles, while rum must be imported in casks 
of 67.5 litres or in properly packed cases of stone or  glass bottles of 4.5 litres each.  
13 WTO document G/LIC/N/3/TTO/9, 22 September 2010. WT/TPR/S/260 Trade Policy Review 
Page 34 
  
Table III.8 
Import licensing requirements 
HS headinga Licence type Description of goods Reason for licence 
  Livestock  
0105 A Live poultry Sanitary 
  Fish, crustaceans, molluscs  
0301, 0302, 0303 A Fish, fresh (live or  dead), chilled or frozen Sanitary 
0306.13, 0306.23 A Shrimp (prawn), fresh (live or dead), chilled or frozen; Sanitary 
0306.12, 0306.22 A Lobster, fres h (live or dead), chille d or frozen; Sanitary 
0306.14, 0306.24 A Crabmeat, fresh, chilled or frozen Sanitary 
  Oils and fats  
0801 A/NAb Coconut in all forms, except coconut oil Trade agreements 
ex 1522.00 A/NAb Oilseed cake, meal and other vegetable oil residues Trade agreements 
1513.10 A/NAb Copra Trade agreements 
1507, 1508 A/NAb Oilseeds, beans, nuts etc. Trade agreements 
ex 1501-1506 A/NAb Animal oils, fats and greases , unrefined Trade agreements 
ex 1522.00 A/NAb Fatty acids and solid residues from the treat ment of oils and fats Trade agreements 
1507-1514 A/NAb Vegetable fats Trade agreements 
  Motor vehicles  
ex 8702, ex 8703 NA Left-hand-drive vehicl es imported under section 45(2) (4) of the 
Customs Act, Chapter 78:01 as amended Public safety 
ex 8702, ex 8703 NA Used right-hand-drive vehicles Public safety 
ex 8705 NA Used right-hand-drive garbage co mpactors exceeding 15 tonnes  Public safety 
  Paper and paper production  
4813 NA Paper for wrapping tobacco or cigarettes National security 
  Miscellaneous manufactured products  
8900 NA Ships and boats (under 250 tonnes) National security 
  Pesticides  
ex 2903.10 NA Parathion, ethyl Health, environment 
ex 2907 NA 2,4,5 - trichlorphenyl (s,4,5-T);  dichlorodiphenyl-trichloroethane 
(DDT);  chlordimeform Health, environment 
ex 2903.40 NA Dibromocholoropropane (DBCP);  et hylene dibromide (EDB) Health, environment 
ex 2907.20 NA Pentachlorophenol (PCP) Health, environment 
ex 29 NA Lead arsenate Health, environment 
ex 29 NA Thallium and its salts Health, environment 
ex 29 NA Aldrin, dieldrin and endrin Health, environment 
  Equipment requiring the use of ozone-depleting substances    
8408, ex 8409, 
8414.30 NA Compressors and their parts Montreal Protocol 
ex 8418 NA Used refrigerating equipment Montreal Protocol 
ex 84 NA Dehumidifiers Montreal Protocol 
8415 NA Air-conditioning machines and parts, auto air-conditioning units and 
their parts for new or used vehicles, mounted or not. Montreal Protocol 
8418 NA Refrigerators, freezers and other refrigera ting freezing equipment Montreal Protocol 
8403 NA Heat pumps and their parts for domes tic and commercial use Montreal Protocol 
ex 84 NA Portable fire extinguishers and their parts Montreal Protocol 
2903.19, 2903.20-
23, 2903.40, 45, 47 
and 49  NA Mixtures containing ozone-depleting s ubstances (ODS).  Montreal Protocol 
a In some cases only part of a heading is covered by the licensing requirement. 
b Automatic licensing for CARICOM origin, non-automa tic licensing for products from  other sources. 
Note: A:  Automatic; NA:  Non-automatic. 
Source:  WTO Secretariat, based on Trade Ordinance (1958):  Notice to Importers No. 1 of 1999; WTO document 
 G/LIC/N/3/TTO/9, 22 Sept ember 2010;  and information provided by th e authorities of Trinidad and Tobago. 
36. A Terminal Phase Out Management Plan for th e Phase Out of Chlorofluorocarbons (CFC's), 
implemented in 2004, led to the phase-out of impor ts of CFC's on 31 December 2007.  Imports of 
CFC's continue to be monitored using the licensi ng regime in conjunction with the Customs and 
Excise Division through the National Ozone Unit.14  Using the existing licensing system, Trinidad and 
Tobago will begin the phase-out of hydrochloroflu orocarbons in 2013 and complete it in 2015.  
                                                      
14 National Ozone Officer (2009). Trinidad and Tobago WT/TPR/S/260 
 Page 35 
 
 
37. Both automatic and non-automatic licences are gr anted on an MFN basis except for oils and 
fats.  Automatic licencing is used for statistical  purposes, while non-automatic licensing is used to 
administer import restrictions in place due to bilateral/regional trade agreements, or for environmental, national security, health and saf ety reasons, and under the Montreal Protocol on 
Substances that Deplete the Ozone Layer. 
38. All persons, firms, and institutions are eligible to  apply for licences.  Applications need to be 
made at least one week in advance of importation.   Under the current law, licences must be obtained 
before the goods arrive in the country.  Appli cations must be accompanied by a covering letter 
explaining the need for the imported item, pers onal identification, Board of Inland Revenue 
certificate, registration of business, and a pro-forma i nvoice of goods if available.  There is no fee for 
the licence. 
39. A licence is usually granted within a week.  It is valid until the end of the year in which it was 
issued and is non-transferable.  The licence may be revalidated upon request.
15   
40. Import licences for used motor vehicles (for pers onal use) are issued for vehicles that meet 
certain conditions, including: they must be right-hand drive vehicles; they must be less than six years 
old; they must have a petrol engine; and th ey must have ozone-friendly refrigerants in the 
air-conditioning system.  The import licence is issued against a certificate of cancellation of registration stamped by the transport authority in the country of origin.  The certificate must provide details on the chassis number, engine number, year of manufacture, and mileage of the automobile.   For used vehicles for commercial uses,  a licence is issued after the need  for such a vehicle for use in 
the business has been verified either  through an onsite visit or an  interview. For used right-hand 
vehicles to be resold in Trinidad  and Tobago, licences are only granted to approve automobile dealers, 
who are approved by the Cabinet.  Imports of live p oultry, fish, shrimp, lobster, and crabmeat require 
a recommendation and inspection document from the Ministry of Food Production, Land and Marine Resources in addition to the import licence. 
(vi) Contingency measures 
(a) Anti-dumping and countervailing duties 
41. During the period under review, no changes were made to the anti-dumping or countervailing 
duty legislation, which is the Anti-dumping and Co untervailing Act of 1992, as amended in 1995, and 
implemented by the Anti-dumping and Countervailing Duties Regulations 1996.  Under the Act, anti-
dumping (AD) and countervailing duty (CVD) inv estigations are conducted by the Anti-dumping 
Authority, who is the Permanent Secretary of the Ministry of Trade and Industry.  The Authority may 
initiate an AD investigation on its own initiative, at the direction of the Minister of Trade and Industry, or in response to a complaint by a local producer/manufacturer.   
42. Before initiating an investigation, the Authority mu st be satisfied that that there is sufficient 
prima facie  evidence that dumping or a subsidy exists, the extent of such dumping or subsidy, 
material injury or material retardation, and a causal link between the dumping or subsidy and the 
injury or retardation.  Under the Act, within thr ee months of the start of an investigation by the 
Authority, the Minister may make a preliminary determination on the basis of information made 
available during the investigation, and apply pr ovisional anti-dumping or countervailing duties.  
Within six month period after the preliminary determ ination, the Minister is required to make a final 
determination. 
                                                      
15 There is no automatic extension. WT/TPR/S/260 Trade Policy Review 
Page 36 
  
43. AD and CV duties are imposed by Ministerial Orde r;  with the final rate being determined by 
the Minister of Trade and Industry based on the recommendations of the AD Authority.  The duty must be the minimum necessary to prevent material injury or a recurrence of it, or to remove the 
threat of material injury to th e establishment of an industry.  AD duties must not exceed the difference 
between the export price of the goods and their normal value.  CV duties must not exceed the amount 
of the subsidy given on the goods.  AD duties are charged on top of any other customs duty, including import surcharges, and do not affect the amount of any such duties or charges.   
44. Preliminary and final determina tions must be made public.  A final determination must be 
made within six months of a preliminary determinat ion.  Appeals with respect to an Order imposing a 
duty may be filed with the Tax Appeal Board.  
45. Duties are imposed for a maximum period of five years, unless reviewed (sunset review), or if 
the Minister feels that the product is no longer causing injury to the domestic industry.  
46. During the period under review, the AD Author ity initiated one anti-dumping investigation, 
concerning air-conditioning equipment from China, which resulted in the imposition of duties on 
certain forms of air-conditioners (Table III.9).  Since 2005, five AD orders have expired, while 
Portland Cement from Thailand was subject to a sun set review.  Furthermore, the case against the 
alleged dumping of Gliclazide tablets originating in India, was dismissed and the case has now been 
closed. 
47. Answers to questions relating to Trinidad and Tobago's notification to the WTO in 1999 on 
the 1995 amendment were submitted in August 2005.  In 2005, the authorities had noted that the 
anti-dumping legislation and regula tions were being reviewed.  Ho wever, this has not happened. 
According to the authorities, the process has been delayed due to the harmonization of CARICOM's 
anti-dumping legislation.  Currently only Jamaica and Trinidad and Tobago have a national regime.  
The authorities noted that the Ministry of Trade a nd Industry is working with the Chief Parliamentary 
Council to amend the current legislation.   
Table III.9 
Anti-dumping investigations initiated 1998 to May 2011 
Country/territory and 
product Date of  
initiation (published) Provisional 
measures Definitive duty Date of 
imposition Remarks 
China 
Woven polypropylene bags  
04.05.1999  
45%  
59%  
26.03.2001  
Expired: 27.03.2006 
Expiration Notice: 
10.01.2006. Published as Legal Notice No. 79, 
17.01.2006 
Air conditioning equipment 03.04.2003 Window units 41% 
Mini-split unit 90%Window unit:  Kelon: 
40.76%;  Others: 41% 
Mini split: Kelon 111.37%;  
Chunlan 116.3%;  Haier 152.79%;  National 
343.16%;  Rowa 65.8%;  
Midea 64.04%;  Gree 54.45%;  others 141% 4.10.2004 Expired: 4.10.2009 
Expiration Notice 
published as Legal Notice 
No. 284, 2009 
Air conditioning equipment 21.12.2005   Zhuhai Meike Refrigeratory 
Co. Ltd. HS 8415.10, 8415.82 and 8415.83 
BTU 7000 : 141% 
BTU 9000 – 18000 :26% BTU 24000: 0% 21.12.2005 Expired 21.12.2010 
Table III.9 (cont'd)Trinidad and Tobago WT/TPR/S/260 
 Page 37 
 
 
Country/territory and 
product Date of  
initiation (published) Provisional 
measures Definitive duty Date of 
imposition Remarks 
Costa Rica 
Macaroni and spaghetti  
31.12.1998  
74% ;  59%   
Withdrawal of duties  
16.05.2000  
Terminated: 16.05.2000 
Termination published as 
Legal Notice No. 103, 19.05.2000 
India 
Gliclazide tablets  
03.04.2003     
Judicial Review action dismissed: 22.11.2008. 
Case Closed. 
Three-strand polypropylene 
rope 18.05.1999 44% 70% 26.03.2001 Expired: 27.03.2006 
Expiration Notice: 
10.01.2006. Published as 
Legal Notice No. 15 dated 17.01.2006 
 
Indonesia 
Portland grey cement  
21.08.2001  
48%  
48%  
11.10.2002  
Expired: 10.10.2007 
Expiration Notice made on 
4.4.2007. Published as Legal Notice No. 87 dated 
4.4.2007 
New Zealand 
Cheddar cheese  
19.09.1996  
13.98%  
Price undertaking  
05.03.1998  
None 
Thailand 
Lead acid batteries  
03.08.2000  
90%  
None  
None  
Final determination: 
30.12.2003;  17%  dumping margin found, but 
duty not imposed due to 
public interest. Final determination published as 
Legal Notice No. 22, 
12.02.2004 
Portland grey cement 11.05.1999 199% 152.84% 02.03.2000 Sunset review 
 
Portland grey cement Sunset/ Expiry 
Review 
1.05.2005  60% 14.12.2006 Expires 13.12.2011 
Venezuela 
Sweetened and unsweetened 
biscuits  
27.01.1999  
156%;  123%  
No duties imposed  
18.07.2000  
A stay of the duty was 
granted in court 
Table salt 04.09.1998 260% 260% 31.12.98 Appealed to Tax Appeal 
Court.  Terminated 
Duties revoked on 
22.11.2002. Revocation Order published as Legal 
Notice No.67 dated 
27.04.2004 
Source:  Information provided by the authorities of Trinidad and Tobago.  
48. Trinidad and Tobago did not conduct any counterv ailing duty investigations during the period 
under review.  No countervailing duty measures are in force.16 
(b) Safeguards 
49. Trinidad in Tobago has no specific legislation d ealing with safeguard measures, as notified to 
the WTO.17  At the time of the last Review in 2005 the authorities stated that safeguards legislation 
was being drafted.  However, this has not materialized.   Trinidad and Tobago has not reserved the 
                                                      
16 WTO document G/SCM/N/186/TTO/, 3 June 2009. 
17 WTO document G/SG/N/1/TTO/1, 4 October 1995. WT/TPR/S/260 Trade Policy Review 
Page 38 
  
right to use the special safeguard provisions  of the WTO Agreement on Agriculture on any 
agricultural product. 
50. The application of safeguards within CARICO M countries is governed by Article 150 of the 
Revised Treaty of Chaguaramas.  This allows a member to introduce quantitative restrictions on 
imports to safeguard its balance of payments, and to help a sector undergoing serious difficulties due 
to increased imports from other CARICOM members.  Members seeking to apply safeguard measures must provide full information to the CARICOM Council and receive permission from the COTED.  Although approval by the Council is not required for first-time application of these safeguard 
measures, their renewal beyond a period  of 18 months, does require approval. 
(2) M
EASURES DIRECTLY AFFECTING EXPORTS  
(i) Procedures  
51. To export from Trinidad and Tobago the exporte r needs to complete a customs declaration 
form (C82 or e-C82).  For exports in excess of TT $20,000, a licensed customs broker must fill out the 
forms.  In addition, exporters must submit an invoi ce showing the price paid locally, an export licence 
for items on the consolidated list of licensable exports, a certificate of origin for goods not 
manufactured locally, and a bill of lading or an airway bill. 
52. The completed form and associated documents are submitted to the Customs and Excise 
Office for approval, which is usually done within  24 hours.  The approved documents and the bill of 
lading are taken to a shipping agent who processes the documents and puts the export goods on the 
ship's manifest. The approved shipping documents are taken to the customs shipping officer at the 
port of loading, who clears the shipment for export.  
53. On average, an exporter has to complete five different documents to complete export 
procedures, it takes 14 days to export a consignm ent from Trinidad and Tobago, and it costs US$843 
for a standard container.  While the documentation, time, and cost are comparable with other Caribbean countries they are much more than in countries ranked higher than Trinidad and Tobago for 
ease of doing business.
18  
(ii) Export taxes, charges and levies 
54. Trinidad and Tobago levies no export taxes on goods.19 
(iii) Export licensing 
55. During the period under review, there have been no changes to the list of products requiring 
an export licence (Table III.10).  Furthermore, th ere has been no change to the export licence 
application procedure.  The authorities stated the exports negative list is unde r constant review.  As 
per the Basel Convention, used lead-acid batteries we re added to the export ne gative list in June 2011, 
through a cabinet decision.  
                                                      
18 World Bank (2011). 
19 The CARICOM Treaty does not allow taxes on exports. Trinidad and Tobago WT/TPR/S/260 
 Page 39 
 
 
Table III.10 
Exports requiring a licence, 2011 
Description of goods Reason for licence 
Coral and other aquatic life found in the country's marine envi ronment or riverine environmen t Protection of local heritage 
(a) coral, turtle, turtle-eggs, fauna  
(b) aquarium fish  
(c) shrimp, fish, lobster, crustaceans, molluscs, or other aquatic 
 invertebrates (frozen)  
All animal species listed in the Convention on Inte rnational Trade in Endangered Species of Wild 
Fauna and Flora (CITES) and endangere d species of Trinidad and Tobago Protection of local heritage 
Works of art, artefacts and archaeological  findings Protection of local heritage 
Clays, crushed limestone, boulders, sand, gr avel, plastering sand, porcellanite, argillite , oil, sand Protection of local herit age 
Planting material, including tissue culture and othe r plant propagation material of (CITES) listed 
species Protection of local heritage 
Embryos and artificial insemination mate rial Protection of local heritage 
Agricultural machinery Subsidized item 
Re-export of duty-free capital goods, e.g., mining, construc tion and other industrial machinery Subsidized item 
Re-export of electro-medical or medical  electronic equipment Subsidized item 
Items that are subsidized either directly or indire ctly:  rice, baker's flour, gasoline, kerosene, liquid 
petroleum gas Subsidized itema 
Explosives, firearms, ammunition and ordina nce National security and foreign policy 
All goods consigned to a country in which trade re strictions have been imposed as a matter of 
national policy National security and foreign policy 
Human organs Public health 
Non-ferrous metal scrap and ores Domestic supply 
a The authorities note that in practice, rice, baker's flour, ga soline, kerosene, and liquid pe troleum gas do not require a lic ence since 
 they are no longer subsidized. 
Source : Notice to Exporters No. 1 of 1998, 26 March 1998, and in formation provided by the authorities of Trinidad and 
 Tobago. 
(iv) Export tax and duty concessions, including free zones 
56. In January 2000, export allowa nces permitted under the Corpora tion Tax Act were abolished  
and have not been replaced by any other scheme.   
57. Other incentives in place include the provision for the deduction of 150% of promotional 
expenses incurred in expansion into non-CARICOM ma rkets;  duty drawback is available for certain 
imported inputs and needs to be claimed within one year of export;  exporters are also eligible for a 
rebate, amounting to 1.5% of the value of expor t sales, which is valid for the reduction of duty 
payable on future imports. 
 Free-trade zones 
58. The legislation governing free-trade zones remains the Free Zones Act (1988).  Since 2005, 
there have been no changes to the structure, in centives or regulations governing free-trade zones;  
however, in the Finance Act of 2010, the upper in vestment limit of US$50 million was removed.  
With a view to increasing exports, the Governme nt encouraged free-trade zones to attract 
export-oriented investment in manufacturing, inte rnational trading, and e xport service operations.  
Under the current legislation, industries that may be  set up in a free-trade zone are:  warehousing and 
storage;  manufacturing operations;  transhipment operations;  loading and unloading;  export and 
import;  service operations including banking, insurance, and professional services20;  packaging and 
shipping;  assembling;  processing, refining, purifying, and mixing;  and merchandising, including international trading of products.  Primary petroleu m and natural gas projects do not qualify for free-
zone approval.  
                                                      
20 Banking and insurance activities carried out in a free zone are subject to the Financial Institutions 
Act and Insurance Act, respectively. WT/TPR/S/260 Trade Policy Review 
Page 40 
  
59. Current incentives include exemption from cust oms duty on imports of goods into the free 
zone;  exemption from income tax;  exemption from corporation tax;  exemption from the business 
levy;  exemption from withholding taxes on remittan ce of profits, dividends, and other distributions;  
and exemption from land and building taxes on land, buildings, improvements to buildings, and plant 
and machinery in the free zone.  Free-zone enterp rises are not subject to import and export licensing 
requirements.  Benefits are granted for an indefinite period.     
60. Enterprises in a free-trade zone are regulat ed by the Trinidad and Tobago Free Zones 
Company Ltd (TTFZ), which approves applications to operate in a free zone. The basic approval 
criteria are creation of jobs, access to overseas mark ets, new investment, and the development of 
skills. Approved free-zone enterprises may be perm itted to sell up to 20% of goods in the customs 
territory of Trinidad and Tobago.  Enterprises must  maintain separate accounts including particulars 
of materials and goods imported, exported, and u sed in manufacture within the free zone. Free-zone 
projects may be completely locally owned, 100% forei gn owned or joint ventures with local investors.  
As of end 2010, there were 20 approved fr ee zone enterprises operating, these had over 
2,600 employees and generated expor ts in excess of US$100 million. 
61. The TTFZ also makes recommendations to the Mini ster of Trade and Industry for designation 
of new free zones.  Enterprises approved to carry out a free-zone activity in a free zone are not allowed to carry out other activities in the customs territory of Trinidad and Tobago. 
(v) Export financing and credit insurance 
62. With a view to increasing exports and ma king export from Trinidad and Tobago more 
competitive, the Government provides preferential export financing and credit insurance through the 
Export-Import Bank of Trinidad and Tobago Limite d (EXIMBANK).  According to the authorities, 
the preferential nature of the services provided refe rred to the terms and conditions and not to the 
interest charges. 
63. The EXIMBANK is wholly owned by the Govern ment and is the only official export credit 
agency in the country. The EXIMBANK also f unctions as a confirming and acceptance house and a 
finance company, and is permitted to engage in financial services  such as pre-shipment financing and 
discounting.    
64. The EXIMBANK offers a number of export-orie ntated financial products, including pre-
shipment financing and post-shipment financing.  The EXIMBANK's export pre-shipment financing 
scheme allows qualified exporters to  obtain direct financing at competitive rates to assist in the 
manufacture or processing of confirmed export orders .  The financing may be used to cover the 
payment of wages, the purchase of raw materials a nd equipment, and other working capital needs.  
Credit is normally extended from 30 to 180 days, as  negotiated with the exporter and sanctioned by 
the EXIMBANK. Interest rates are negotiated with  the exporter. Presently, pre-shipment financing 
rates range between 9-12% per annum.  The authorities stated that these rates may be higher than 
those offered by commercial banks for similar financing.  The EXIMBANK also provides post-
shipment financing, either directly or in part nership with commercial ba nks, allowing exporters to 
convert trade receivables into cash to enhance work ing capital.  The amount discounted is negotiable, 
ranging between 85% and 100% of the value of the export invoice.   
65. The EXIMBANK's core policy is the provision of export credit insurance and it is the sole 
provider of such insurance in Trinidad and Toba go.  Insurance policies cover both commercial and 
political risks.  Commercial risks covered include th e insolvency of the over seas buyer, and deliberate 
default by the overseas buyer on goods already accepted.   Insurance against political risks covers any Trinidad and Tobago WT/TPR/S/260 
 Page 41 
 
 
risk occurring outside Trinidad and Tobago and beyond the control of the exporter, including import 
controls in the importing country.  Premiums vary  depending on the buyer, payment terms, and the 
economic and political environment.  Coverage is  90% of the invoice value for both commercial and 
political risks.  
66. The EXIMBANK functions as a profitable state enterprise and focuses on providing services 
for the export manufacturing sector,21 with a concentration on small and medium-sized enterprises 
such as those involved in seafood processing, woodwo rking, furniture, appliances, garments, paper 
tissues, and pharmaceuticals manufacture and distri bution.  In addition the EXIMBANK has provided 
services to the downstream hydrocarbons sector . The EXIMBANK accounts for approximately 50% 
of the export finance market in Trinidad and Tobago.  
67. In 2003, the EXIMBANK introduced four ne w programmes:  the Small Business Policy 
programme, the Agricultural Policy programme, the Se rvices Policy and the Hold Harmless Policy.  
Only the Services Policy remains operational.  
(vi) Export promotion 
68. As part of its trade facilitation mandate, the Business Development Company (BDC) is 
responsible for export promotion activities.  BDC's activities are focused mainly on export 
consultancy and advisory services, export marketi ng support programmes, intelligence gathering and 
integrated marketing programmes, export training, export certification services, and the facilitation of 
inward and outward trade missions.  Additionally, the BDC has an in-house trade information facility, 
which provides trade information services facilita ting market access and market penetration.  
69. The National Agricultural Marketing and De velopment Corporation (NAMDEVCO), helps 
exporters of agricultural products identify new market opportunities for agricultural and 
agri-industrial products. 
(3) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives  
70. In addition to export incentives (section (2)(iv )), incentives provided to the tourism sector 
(Chapter IV(3)(ii)) and those to the oil and gas industry (Chapter IV (2));  the Ministry of Trade and 
Industry operates five incentive schemes. 
 Under the Approved Small Company Status scheme, a locally owned limited liability 
company with machinery, equipment, and work ing capital valued at less than TT$1.5 million 
and employing five permanent employees is entitle d to a tax credit of 25% of its chargeable 
profits for a period of five years.  
 With a view to encouraging film production in Trinidad and Tobago, the Production 
Expenditure Rebate Programme provides cash reba tes of 35% to local film producers filming 
in Trinidad and Tobago with a minimum qualif ied production expenditure of TT$100,000 up 
to a maximum of TT$12,600,000.  Additionally, a tiered system is in operation for regional 
and international productions, providing rebates on incurred expenses of between 12.5-35% 
on initial expenditure of TT$630,000 up to a maximum of TT$12,600,000.  The rebates are 
given for expenses incurred.   
                                                      
21 The authorities stated that the EXIMBANK has recorded an increasing net profit since 2007. WT/TPR/S/260 Trade Policy Review 
Page 42 
  
 The Revolving Investment Arrangement Progra mme was established to provide financial 
assistance of up to 70% of any major project in the entertainment industry.  Funds may be provided to Trinidad and Tobago nationals and permanent residents for project team fees, 
equipment and facilities, cast and crew, location costs, and marketing.  
 The Research and Development Facility was set up to provide grants to locally owned and 
operated firms in the non-energy manufacturing and services sectors for research and 
development (R&D).  Businesses may access funds up to a maximum of TT$500,000 
annually to cover up to two thirds of thei r R&D project.  Funding may be provided for 
improvement to processes, product development, adaptations of systems and technology, innovations in technology management syst ems, and industrial engineering.   
 The Government operates a Venture Capital In centive Programme, which attempts to address 
the lack of equity capital available to SMEs.  Under the scheme, investors in venture capital 
companies receive a tax credit of 30% of the investment made.  
(ii) Government procurement 
71. The Government has a direct stake in 53 entities, a nd an indirect stake in a further 27 entities.  
Thus, government procurement is an important area  in Trinidad and Tobago.  The authorities have 
been trying to modify the government procuremen t regime so as to make it more efficient, 
transparent, and accountable.  In 2004, a Cabine t appointed committee was established to review 
government procurement policy and processes, and in  September 2004 a Green Paper on Reform of 
Government's Procurement Regime  was laid before Parliament.
22  In 2005 a White Paper on the 
reform of the system was published.23  However, the Paper was retr acted in 2008, and the Cabinet 
agreed that it should be reviewed based on the recommendations of a Task Force that had been 
established to promote the implementation of e-Auction.24  According to the authorities, two Bills are 
under consideration by a Joint Select Committee of Parliament (as of end 2011):  the National 
Tenders Board Bill (1997);  and the Procurement and Disposal of Public Property Bill (2006).  The 
1997 Bill would replace the Central Tenders Board Act to make way for the establishment of a 
National Tenders Board and a Parliamentary Commi ssion to monitor the acquisitions of the Central 
Government, the Tobago House of Assembly, and specific municipal corporations and statutory 
bodies.  The aim of the 2006 Bill is to increase pub lic confidence by detailing the guidelines of a 
procurement system that would provide for certainty  whilst also allowing for flexibility in commercial 
practices.  According to the authorities, work on bo th proposals is on-going but it is not clear when 
the new legislation will take effect. 
72. At present, procurement by government agencies is regulated by the Central Tenders Board 
(CTB), created under the Central Tenders Boar d (CTB) Ordinance (Act No. 22 of 1961), which 
centralized procurement.25  Procurement by state-owned companies and statutory bodies is subject to 
monitoring by a Central Audit Committee, within th e Ministry of Finance.  Until 2005, the Committee 
was responsible for approving the issuance by a ll state agencies of contracts above TT$5 million 
(US$800,000), evaluating the procedures and practi ces of state agencies as they related to the 
                                                      
22 Ministry of Finance online information.  Viewed at:  http://www.finance.gov.tt/ 
publications.php?mid=12&year=2004 [October 2011]. 
23 Ministry of Finance online information.  Viewed at:  http://www.finance.gov.tt/ 
publications.php?mid=12&year=2005 [October 2011]. 
24 Ministry of Finance (2009);  and a presentation by the Ministry of Finance, Central Tenders Board 
(2010).  Viewed at:  and www.finance.gov.lc/resources/download/142 [October 2011]. 
25 The CTB is only responsible for procurement with respect to government ministries and does not 
extent to state owned enterprises.  Trinidad and Tobago WT/TPR/S/260 
 Page 43 
 
 
procurement of goods and services, and assessing whet her state agencies were conforming to agreed 
guidelines when spending public funds.  Prior a pproval for contracts over TT$ 5 million has ceased, 
but at the end of each month, state enterprises must  submit to the Minister of Finance lists of all 
contracts awarded during the month, together with  the value of each contract. Tender rules and any 
amendments must also be submitted to the Ministry of  Finance for approval. Additionally, in its effort 
to reform the government procurement process,  the Ministry of Finance is facilitating the 
implementation of e-auctions among state-owned ente rprises.  The e-Auction system allows suppliers 
to bid online for a contract to supply goods and services.  The authorities stated that 28 companies 
currently participate in the e-auction and they expected all firms to be doing so by 2013. 
73. All contracts are subject to tendering, wh ich may be under selective or open competition 
rules.  The decision to use selective tendering is made  by the CTB, subject to approval by the Minister 
of Finance.26  Selective tenders are solicited from suppliers or contractors registered with the CTB.  
Firms or individuals wishing to be registered to supply goods and services to the Government must be 
incorporated or registered under the Business Name  Act.  Selective tendering is used for small 
contracts, which are approved at the Permanent Secretary level.  Requests for selective tendering may 
be made by the procuring agency, and must be pr operly justified for approval by the CTB.  If 
selective tendering is approved, tenders are invited from firms on the register. 
74. Competitive tenders are advertised publicly through a notice in the Trinidad and Tobago 
Gazette and national newspapers.  Compe titive tenders are open to anyone, irrespective of nationality.  
Local businesses that bid for the supply of locally produced materials, works and/or services can be 
granted a margin of price preference of up to 5%  over foreign bidders where the tender is open to 
international bidding.  However, margins of prefer ence are not given when the procurement concerns 
matters of quality, health, safety, and/or the enviro nment.  Preferences in the bidding process are also 
provided to small and medium-size enterprises.27  
75. Tenders received by the CTB are opened publicly  and forwarded to an evaluation team, which 
makes a recommendation to the Board.  For consulta ncies, the two-envelope system is used, under 
which separate technical and financial proposals must be submitted.28  In the case of major projects, 
the Chief State Solicitor's office formally executes the contract.  The CTB publishes all awarded 
contracts in the Trinidad and Tobago Gazette , monthly, and submits copies of the contracts to the 
Auditor General.  The client ministry or departme nt is responsible for administering the contract. 
76. The CTB Ordinance and its amendments allow for the setting up of tenders 
committees/special ministerial committees within minist ries and departments.  Where the value of the 
acquisition is below a certain limit, the Committees may award the contract.  There are also limits below which permanent secretaries and departme nt heads may procure goods and services. The 
authorities stated that thresholds had changed, but details of the changes were not available. 
77. Contractors have the right of appeal against d ecisions or treatment considered inconsistent 
with the Ordinance, and to submit a complaint to the CTB or other procuring entity.  The authorities 
indicate that during the period under review, there have been four of appeals by contractors.  
                                                      
26 The CTB does this for government ministries only, for SOEs the decision is made by in house 
tenders committee and then sent to the Board of Directors for approval.   
27 Under the Ministry of Labour Fair Share Programme, Small and Micro Enterprise Development, 
contracts valued at TT$5 million and less are reserved for qualifying SMEs and cooperatives up to a limit of 10%. 
28 The technical proposal is evaluated first, a ranking is established and a preferred consultant 
recommended.  The CTB is required to approve the ranking of the technical proposals before the financial proposal of the highest ranked consultant may be opened and negotiations commenced. WT/TPR/S/260 Trade Policy Review 
Page 44 
  
78. Trinidad and Tobago is not a party to th e WTO Plurilateral Agreement on Government 
Procurement.  The authorities indicated that Tr inidad and Tobago does not intend to join the 
Agreement.  
(iii) Standards and other technical requirements 
(a) Standards 
79. The Trinidad and Tobago Bureau of Standa rds (TTBS) is the national standards body, 
national quality certifying body, a nd the national laboratory accrediting body.  The TTBS also serves 
as the National Enquiry Point under the WTO Agreem ent on Technical Barriers to Trade.  The TTBS 
is a member of the International Organization for Standardization (ISO), the CARICOM Regional 
Organization for Standards and Quality (CROSQ ), the Pan American Standards Commission 
(COPANT), and the ISO's Committee on Consumer Policy (COPOLCO).    
80. The development of voluntary national standa rds and technical regulations (compulsory 
standards) is the responsibility of the Standardiza tion Division of the TTBS.  Standards and technical 
regulations may be developed locally or adapted fro m existing foreign standards and regulations.  In 
the first instance these are based on ISO and IEC standards, followed by those of major trading 
partners, mainly the United States and United Kingdom.  Other agencies involved in the preparation 
and approval of technical regulations are the Ministry of Health  (Chemistry Food and Drugs Division) 
for food products, drugs, cosmetics, and pesticides and toxic chemicals, and the Telecommunications 
Authority for telecommunication standards. 
81. Standard development is a three-stage process:  a draft document is developed by interested 
parties;  the draft is then circulated for public comment;  and the comments are incorporated and the 
document is approved before being published as a declared national st andard.  All national standards 
are declared with voluntary status but they may be  accorded compulsory status by the Minister of 
Trade and Industry, based on the recommendation of th e TTBS, which in turn relies on the advice of 
the technical committee responsible  for the development of the standard.  According to the 
authorities, compulsory standards are adopted to de al with health and safety issues, environmental 
factors, and restriction of choice, prev ention of fraud, and military applications. 
82. In 2005, the TTBS initiated a review of the st andards portfolio;  obsolete standards were 
dispensed with, and the majority of existing sta ndards were updated and new ones adopted.  Between 
2005 and May 2011 there were 79 new/revised technical  regulations, and ten mo re were due to be 
adopted in September 2011.  In May 2011, there were a total of 345 voluntary standards and 
79 technical regulations (compulsory standards).   
83. The TTBS established national technical committees (NTCs) in priority sectors of the 
economy to better identify and prioritize the nationa l standardization needs. The priority sectors 
include: agriculture, chemical technology, constructio n materials and building, electrical engineering, 
consumer goods, health and safety, tourism, petroleum products, environment, mechanical 
engineering, and telecommunications.    
84. Between 1 January 2004 and 31 A ugust 2011, Trinidad and Tobago made 79 notifications to 
the WTO Committee on Technical Barriers to Trade.   Apart from seven corrigenda, all notifications 
were under Article 10.6 of the Agre ement on Technical Barriers to Trade and the majority relating to 
safety and labelling.  Trinidad and Tobago has al so been active in the TBT Committee and, in Trinidad and Tobago WT/TPR/S/260 
 Page 45 
 
 
March 2006, a representative of the TTBS made a presentation to the Committee on its experience in 
building a conformity assessment infrastructure.29 
85. With a view to improving harmonization with  international standards, the TTBS has 
established national mirror committees for environmen tal management, quality, societal security, and 
tourism.  These committees keep abreast of emergi ng issues and represent Trinidad and Tobago in the 
relevant international standards bodies.  The mirror committees comprise representatives from 
academia, and the private and public sectors.  The TT BS also joined the IEC affiliate programme for 
electro-technical standards;  as of June 2011 Trin idad and Tobago had adopted 21 IEC standards. 
86. The TTBS is responsible for certification, conformity-assessment, laboratory testing and 
accreditation, inspection and monitoring, and metrolog y and calibration.  The TTBS is authorized to 
certify a company's management system to th e ISO 9000 Quality Assurance Standards and 14001 
Quality and Environmental standards.  The Certification Division also has the capacity to certify against national product standards.  The TTBS also gr ants exporters a certificate of conformity or 
export worthiness for a particular  batch or product volume.   
87. The TTBS offers testing services to the privat e and public sectors through its Testing 
Division, which consists of four laboratories.  Testing services are provided for chemical products, 
fibre products, materials, and electrical products.  Pr oduct testing can also be performed in accredited 
TTBS laboratories.  The TTBS recognizes certain foreign standards for certification and label 
verification as well as certificates from accredited laboratories overseas. 
88. The TTBS monitors imported and locally manuf actured products for compliance with the 
requirements of compulsory standards.  For new pr oducts, a representative sample is examined, while 
in the case of used products every product is insp ected.  The TTBS has the authority to monitor all 
compulsory standards.   
89. The TTBS conducts certain metrology and calib ration operations.  Metrology activities in 
Trinidad and Tobago are regulated by the Metrology Act of 2004;  however, the Act has not yet been proclaimed.  It was amended in 2 009 to include British imperial un its for the measurement of natural 
gas. The TTBS is the national corresponding member  of the International Organization for Legal 
Metrology (OIML), and, as part of CARICOM, it is a member of the International Bureau of Weights 
and Measures (BIPM).  The TTBS has developed th e Legal Metrology Inspectorate to enforce the 
Metrology Act once it has been proclaimed. Calibrati ons are performed by the Metrology Division of 
the TTBS;  they are available to local and regional industries. Additionally, TTBS is cooperating with 
other CAROCOM members to develop regiona l centres of measurement traceability.  
90. Accreditation for both testing and metrology laboratories is provided by the Trinidad and 
Tobago Library Accreditation Service (TTLABS).  The TTLABS is a member of the Inter-American 
Accreditation Cooperation and an affiliate memb er of International Laboratory Accreditation 
Cooperation.  
91. As a member of CARICOM, Trinidad and T obago is a part of the CARICOM Regional 
Organization for Standards and Quality (CROSQ ).  The CROSQ's main functions are:  
(a) coordinating the harmonization of CARICOM st andards, technical regulations, conformity 
assessment procedures, and metrology;  (b) coor dinating CARICOM's positions and representing it in 
international fora;  (c) monitoring the implementation of standards in member states;  (d) mediating in 
intra-regional and third-party disputes;  and (e) c oordinating investigations with national standards 
bodies. 
                                                      
29 WTO documents G/TBT/M/38/Add.1, 6 June 2006, and G/TBT/M/38, 23 May 2006. WT/TPR/S/260 Trade Policy Review 
Page 46 
  
92. Between 2005 and 2011 40 new/revi sed standards were approve d by the CARICOM Council 
for Trade and Economic Development (COTED), which were declared as CARICOM regional 
standards by CROSQ.  Of these 40 regional standa rds, 27 are food or food-related and were 
developed to improve the trade competitiveness of SMEs. Only two labelling standards have been 
declared compulsory.  
(b) Labelling 
93. The TTBS issues labelling requirements as compulsory standards.  The  Ministry of Health is 
responsible for labelling requirements for food, dr ugs, and cosmetics as well as health and safety 
regulations.  The Environmental Management Aut hority is responsible for effluent and emission 
standards and uses ISO 14000 guidelines to determine these. 
94. Labels must be in English, must indicate the country of origin and must satisfy the relevant 
compulsory standards, for example labels on garments  must indicate size, fibre content, and either the 
name or address of the manufacturer or the registered  brand name.  In addition, labels on pre-packed 
foods must include the expiration date, ingredie nt list, net contents, preservatives, colourings, 
additives, flavourings, brand or trade name, and name  and address of the manufacturer or distributor.  
(c) Sanitary and phytosanitary measures 
95. The Animals (Diseases and Importation) Act 1954, as amended, the Animals (Importation) 
Control Regulations, as amended 2008, and the Pl ant Protection Regulations 1953, as amended 
outline the general conditions that must be met befo re animals, animal products, and plants may be 
imported into Trinidad and Tobago.  The Ministry  of Food Production,  Land and Marine Resources 
(MFPLMR) is the Enquiry Point under the Agreemen t on Sanitary and Phytosanitary Measures (SPS 
Agreement).  The 2008 amendment to the Animal (Importation) Control Re gulations allowed the 
import of meat and meat products from countries that had been approved by the United States 
Department of Agriculture.  However, these imports are subject to a risk analysis by Trinidad and 
Tobago's Chief Veterinary Officer.   
96. The Ministry of Food Production, Land and Marine Resources is responsible for the 
surveillance and control of plant and animal disease s, as well as the regulation of meat and meat by-
products, aquaculture, and marine products and by-products.  The F ood and Drugs Inspectorate of the 
Ministry of Health regulates food importation a nd manages the registration and regulation of 
pharmaceutical products, food additives, cosmetics, so me chemicals and devices, and pesticides.  The 
Veterinary Public Health Division is responsible for meat inspection.   
97. An import permit is required for all live animal imports, including those from the CARICOM 
region.   Import permits are issued by different bodies of the MFPLMR.  The Chief Veterinary Officer 
(CVO) issues permits for food-producing animals (c attle, including water buffalo, pigs, goats, sheep, 
and rabbits), a fee of TT$10 is payable per perm it.  Import permits for live poultry require prior 
approval from the Agricultural Planning Division (APD).  Additionally, these imports require a 
landing permit, which is issued by the inspector at  the port of entry.  The Poultry Surveillance Unit 
(PSU) and National Animal Disease Centre (NADC) mu st be informed 48-hours prior to arrival so as 
to enable the inspector to be present and to issu e the landing permit when the consignment arrives.  
For imports of poultry carcasses in commercial quantities, the original export certificate of 
wholesomeness from the authorized certifying agency of the responsible government agency in the 
exporting country must be presented to the CVO's office for approval.  The Chemistry, Food and 
Drug Division conducts an inspection upon arrival.   Trinidad and Tobago WT/TPR/S/260 
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98. For wild animals and non-domesticated bird s, a CITES certificate is required from the 
Wildlife Section, Forestry Division in St. Joseph.  The import of bees, bee products and supplies requires a permit from the Inspector of Apiaries;  qu een bees are subject to quarantine.  Imports of 
milk machines, dairy machines, and parts require a permit from the Chief Technical Officer's Office.
30 
99. Imports of live animals are inspected at ports of entry.  Arrival information for live animals 
must be provided to the veterinary officer quaran tine by telephone or in person, and for live poultry 
and eggs to the PSU, 48 hours before  arrival.  Landing permits are issued by the inspector at the port 
of entry.   
100. The import of live fish and crustaceans (crabs, lobsters) requires a licence from the Ministry 
of Trade and Industry (MTI), a recommendation from the Fisheries Division of the MFPLMR , and 
inspection by the Chief Veterinary Public Health Inspector.   
101. Imports of all plants, fruits, and vegetables,  including from CARICOM, require an import 
permit, issued by the Plant Quarantine Unit of the MFPLMR.  Import requirements vary depending on 
the Pest Risk Analysis (which, according to th e authorities, is done in  accordance with IPPC 
guidelines).  Trinidad and Tobago does not yet have a policy on biosafety or genetically modified 
organisms (GMOs). 
102. Risk assessments on pests are conducted for new trading partners and/or new commodities;  
the authorities stated that they follow internationa l guidelines by the World Organization for Animal 
Health (OIE) and the International Plant Protection Convention (IPPC) for plant health.  Furthermore, 
a draft protocol for CARICOM Inspection Procedures for Risk Assessments was accepted by COTED 
in October 2011.  It is presently being finalized be fore being implemented.  Additionally, during the 
review period, Trinidad and Tobago declared the giant African snail a notifiable pest under the Plant 
Protection Act.  Under the provisions of the Act, an y occupier of land is obliged to give notice to a 
plant quarantine officer.  Failure to give the requi site notice is an offence under the Plant Protection 
Act (1975).  Notifiable pest status would also give th e Ministry the authority to collect and destroy or 
otherwise contain or eradicate the pest. 
103. During the period under review, Trinidad and Tobago notified one SPS measure to the WTO 
Committee on Sanitary and Phytosanitary Measures.  According to the notification, all regulated 
wood packaging material exported from Trinidad  and Tobago should be stamped to indicate 
compliance with IPPC International Standard fo r Phytosanitary Measures, publication number 15 on 
the regulation of wood packaging mate rial (WPM) in international trade.31  Trinidad and Tobago has 
also resumed importing beef and beef products as per OIE conditions and guidelines. However, the 
authorities stated that Trinidad  and Tobago had never stopped beef  imports and is guided by OIE 
conditions.  
(iv) Intellectual property rights 
104. Trinidad and Tobago is a member of the World Intellectual Property Organization (WIPO) 
and a signatory to several international agreements on intellectual property rights.  However, Trinidad 
and Tobago is not a contracting party to the Rome  Convention, or the Madrid Agreement for the 
Protection of Trademarks, nor is it a signatory of the Patents Law Treaty . The authorities stated that 
Trinidad and Tobago intends to accede to the Madrid Agreement a nd the Hague Agreement for the 
International Registrati on of Industrial Designs. 
                                                      
30 Dairy machines include coolers, pastereurizers, and any other machin es used in the dairy industry. 
31 WTO document G/SPS/N/TTO/5, 21 September 2005. WT/TPR/S/260 Trade Policy Review 
Page 48 
  
105. Since its previous Trade Policy Review in  2005, Trinidad and Tobago has passed the 
Copyright (Amendment) Act (April 2008), and acceded to the WIPO Performances and Phonograms Treaty and Copyright Treaty (November 2008).  The Copyright (Amendment) Act amendment, 
among other things, facilitates police enforcement by si mplifying the process of filing charges.  The 
Intellectual Property Office of Trinidad and Tobago  (IPO), continues to administer the intellectual 
property laws.  According to the authorities, the IP O is responsible for:  granting IPRs;  promoting 
inventiveness among citizens; the provision of pate nt information services;  the determination of 
opposition hearings;  making intellectual property in formation available to the public;  receiving 
international applications under the Patent Cooperation Treaties;  advising the Government on IPR 
issues;  creating public awareness with respect to IPRs;  and participating in  the general development 
of IPRs on a national, regional, and internati onal platform.  There is no provision for opposition 
hearings for patents, and disputes are referred to th e High Court, with the possibility of appeal to the 
Court of Appeal and further to the Judicial Comm ittee of the Privy Council.  The authorities stated 
that a Trademark Bill is being finalized in cons ultation with the Chief Parliamentary Council.  
Amendments to the Patents Act of 1996 and the Industrial Designs Act of 1996 are also being 
prepared and these will be promulgated after the Trademarks Bill.  
106. Licensing of intellectual property of all types is allowed.  Royalties repatriated are subject to 
withholding tax.  
(a) Trade marks 
107. Trade marks are governed by the Trade Ma rks Act of 1955 as amended in 1997.  The 
registration of trade marks, service marks, collec tive marks, and certification marks for both goods 
and services are provided for under the current trade ma rk legislation.  The definition of a trade mark 
includes the packaging of goods and their shape.  Protection is granted for ten years and may be 
renewed for further periods of ten years.
32  If a mark has not been used for five years, an interested 
party may apply to the IPO Controller or the Court for its removal from the Register.     
108. The Act limits trade mark infringement to use of a similar or identical mark in relation to the 
same, similar or related goods or ser vices for which a mark has been registered.  Criminal prosecution 
can be brought in cases of unauthorized use of regi stered marks, including use of well-known marks.  
Upon notice from rights holders or their representati ves, the customs author ities are authorized to 
seize goods entering Trinidad and Tobago in order to  prevent goods that infringe registered marks 
from entering the country.    
(b) Patents 
109. Patents are governed under the Patents Act of 1996, the Patents Rules of 1996, and the 
Patents Amendment Act of 2000,  the Patent Validation Act of 1999, the Patents Amendment Act of 
2000, and the Miscellaneous Amendmen ts Act of 2000.  Under the current legislation, acceptance of 
an application for registration is based on the internationally accepted criteria for substantial 
examination of universal novelty, inventive step, and industrial applicability, along with a full search 
and examination procedure.  Patents are granted fo r 20 years with no possibility of extension.  The 
current legislation also provides for a utility cer tificate, which enables the owner of a useful 
innovation who may otherwise be unable to fulfil the criteria to obtain some protection for the 
innovation.  The criteria for granting a utility cer tificate are novelty and industrial application.33  
                                                      
32 Trade marks must be renewed at least six months prior to expiry.  
33 Novelty is assessed on the basis of universal novelty , while industrial applicability or technical effect 
refers to usefulness, functionality, and compliance with the laws of thermodynamics, physics, and science in Trinidad and Tobago WT/TPR/S/260 
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Patent applications may be converted into utility certificate applications and vice versa at any time 
before either is granted.  The period of protection for a utility certificate is ten years from the date of 
filing.  
110. An application for a patent must provide a d escription of the invention including any claims 
and drawings, an abstract, and a local address.  An application fee of TT$2,000 is required.  
Additionally, a patent application may be filed un der the Patent Cooperation Treaty (PCT), of which 
Trinidad and Tobago is a member.34   
111. The Patents Act and Rules allow for compul sory licences but no such licences have been 
issued to date.  Applications for compulsory licen ces would usually be directed to the courts;  the 
Court would only grant a licence if satisfied that the applicant had made an effort to obtain a licence 
on reasonable terms and conditions  from the patentee but had not succeeded.  The Court is also 
empowered to grant a compulsory licence if there is evidence of insufficient or unreasonable market 
supply in Trinidad and Tobago.35  Additionally, the Minister of Legal Affairs may take decisions on 
compulsory licences on grounds of public interest or infringement of competition law.  However, such 
decisions are subject to judicial review.   
112. Compulsory licences granted by the Court are subj ect to review by the Court of Appeal, and 
final appeal to the Judicial Committee of the Pr ivy Council.  The law mandates that a reasonable 
remuneration, having regard to the economic value of the licence, be granted by the Court, even in the 
case of a licence granted as a remedy against an an ti-competitive practice.  The possibility of judicial 
review applies also to decisions relating to remuneration.  The current legislation does not 
contemplate the possibility of cross-licensing in the ev ent of dependent patents.  The legislation also 
allows for authorized parallel imports  and provides for national exhaustion  of rights.  
(c) Industrial designs 
113. Industrial designs are protected under the Indus trial Designs Act of 1996.  Protection is 
granted for designs that are new and not contrary  to public order or morality.  Under the Act the 
definition of "design" includes aesthetic quality whil e excluding features in the design engineered 
exclusively to obtain a technical result.  The term  of protection is five years, renewable for two 
consecutive five-year periods. 
(d) Trade secrets and unfair competition 
114. The Protection Against Unfair Competition Ac t of 1996 provides for protection from unfair 
competition in a commercial and industrial setting.  Under the Act, protection is provided against acts 
including:  damaging another's goodwill or reputation;  causing confusion with respect to another's 
enterprise;  misleading the public; discrediting anothe r enterprise or its activities;  and disclosure, 
acquisition or use of secret information.  No matters  have gone to court with respect to this Act.  
                                                                                                                                                                     
general.  The authorities stated that these determinations are made by highly trained patent examiners who are 
all scientists. 
34Applications under the PCT may also be filed by an agent on behalf of the inventor.  
35Evidence of sufficient supply of the market does not require that the patented goods or the goods 
made by the patented process be locally manufactured;  imports of patented goods into Trinidad and Tobago may be used as evidence of sufficient supply.  WT/TPR/S/260 Trade Policy Review 
Page 50 
  
(e) Geographical indications 
115. Geographical indications are protected under the Geographical Indications Act of 1996.  The 
Act protects appellations of origin, protection fo r indications used to designate a product that 
originates from a particular region and whose quality , reputation, or characteristics are essentially 
attributable to that region.  Furthermore, the Act provides homonymous protection for wines and for 
conflicts regarding trade marks bearing geographical indications.  Criminal sanctions may be imposed 
upon persons who deliberately and wron gfully use geographical indications.    
116. The Intellectual Property (Miscellaneous Amen dments) Act of 2000 allows for the use of 
foreign geographical indications identifying wines or spirits in connection to goods or services by any 
national or resident of Trinidad and Tobago who has used the indicati on "in a continuous manner with 
regard to the same or related goods or services in Trinidad and Tobago (a) for at least ten years 
preceding April 15, 1994, or (b) in good faith preceding that date."36  No applications have been filed 
under the Act.  
(f) Layout-designs of integrated circuits 
117. Layout-designs of integrated circuits are prot ected against reproduction, importation, sale or 
other distribution in a commercial setting, by the Layout-Designs (Topographies) of Integrated 
Circuits Act of 1996 and the Intellectual Propert y (Miscellaneous Amendments) Act of 2000.  The 
legislation covers protection for designs or circuits that are original within the context of the Act, 
provided the layout-design is the result of the creator's own effort and is not commonplace among creators at the time of creation.  Protection is granted for ten years either from the date of first 
commercial exploitation or, if not yet commercial, from the filing date.  Thus far, no applications have 
been filed under the Act.  
(g) Plant varieties 
118. The Protection of New Plant Varieties Act of 1996 grants plant breeders' rights in respect of 
new plant varieties and related matters.  A variety must be new, distinct, uniform, and stable, and 
must be registered with the IPO to obtain breeders' rights.  Registration is open to nationals, residents, 
and foreign nationals of a country party to the International Convention for the Protection of New 
Plant Varieties (UPOV), or of a country that grants reciprocity of treatment to Trinidad and Tobago.  
The term of protection is either 15 or 18 years, depending on the species.  
(h) Copyright
37 
119. Copyright protection is afforded under the Copyright (Amendment) Act of 2008, which was 
promulgated in May 2008 and amended the Copyright Act of 1997.  Under the provisions of the Act,  
copyright protection is granted to original litera ry and artistic works, such as books, pamphlets, 
writings, speeches, dramatic works, musical works,  audio-visual works, architectural works, 
photographic works, and "works of mas".38  According to the authorities, under the Berne Convention, 
original works are vested with copyright protec tion as soon as they are created and there are no 
formalities for copyright protection.  Hence, there is no requirement that a work be registered for 
                                                      
36  Intellectual Property (Miscellaneous Amendments) Act, 2000, Article 2. 
37Republic of Trinidad and Tobago, Copyright (Amendment) Act, 2008:  Viewed at 
http://www.oapi.wipo.net/wipolex/e n/text.jsp?file_id=182940&tab=2. 
38 The term is not defined in the Copyright Act of 1997 or the Amendment Act of 2008 but refers to 
articles and ensembles associated with the Carnival in Trinidad and Tobago. Trinidad and Tobago WT/TPR/S/260 
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copyright protection to exist and, consequently, there is no local system for the registration of 
copyright.   
120. Under the Act, independent of his copyright in a work, the author of a copyright work has the 
moral rights to be identified prominently as the author  of the work;  not have his name indicated on 
his work if he so desires;  use a pseudonym; and object to any derogatory treatment of his work. 
121. The scope of what constitutes copyright infringe ment has also been expanded.  Under the 
Amendment Act, "the manufacture or importation for sale or rental of any device or means, specifically designed or adapted to circumvent any device or means intended to prevent or restrict 
reproduction of a work or to impair the quality of  copies made; and  the manufacture or importation 
for sale or rental of any device or means that is susceptible to enable or assist the reception of an 
encrypted program, which is broadcast or othe rwise communicated to the public, including by 
satellite, by those who are not entitled to receive the program" are in violation of copyright and neighbouring rights.  Furthermore, the alteration or removal of any electronic rights management 
information without authority, from any work, perf ormance, sound recording, or broadcast or any 
copy of such work, performance, sound recording or  broadcast is considered to be a copyright 
violation. 
122. Copyright protection continues to be for the life of the author plus 50 years.  Collective works 
and audio-visual work are protected for 75 years fro m the date on which the work was first published, 
or 100 years from the making of the work, if the work  was neither made availa ble to the public nor 
published before 25 years after its making.  Paralle l imports of copyrighted goods are not allowed. 
123. It is considered an offence under the provisions  of the Act if a person sells, hires, imports 
(other than for private use), exhibits in public, di stributes other than in the course of a business, in 
excess of three copies of an article which is, and which he knows or has reason to believe is, an 
infringing copy of a copyright work, performance, sound recording or broadcast. If found guilty of infringement, the person may be convicted for a maxi mum prison term of ten years and be liable to a 
maximum fine of TT$ 250,000.  
124. The Court may also order that the infringing co py, article, apparatus, implements or devices 
be destroyed or delivered up to the copyright owner or to any other person that the Court may direct.  
(i) Enforcement 
125. Intellectual property rights in Trinidad and Toba go are considered private rights and thus the 
right holder or authorized licensee must provide ev idence in support of the prosecution of criminal 
offences or in civil proceedings. 
126. Intellectual property right violations are consider ed under the civil courts, which comprise the 
High Court of Justice and the Court of Appeal, with  final appeal to the Judicial Committee of the 
Privy Council.  Criminal acts of infringement are dealt with by the Magistrates Court.  The Magistrates decision may be appealed in the Court of Appeal;  while final recourse remains with the 
Judicial Committee of the Privy Council.  Reme dies include injunctions;  damages, including 
recovery of profits, and expenses, including attorney's fees;  and destruction or other disposal of 
infringing goods and materials/implements for their production. 
127. The Court may also impose provisional border measures, whereby, a right holder who has 
valid grounds for suspecting that imported goods are in violation of any intellectual property right 
may apply for an order to suspend the import of  infringing goods.  While deciding the infringement WT/TPR/S/260 Trade Policy Review 
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case, the Court may order that the seized copies or goods be released to their importer or designated 
owner .   
128. Enforcement actions must be initiated by the intellectual property right owner or exclusive 
licensee.  There is no provision requiring ex offici o action by Customs, which is not empowered to 
order remedies for infringement.   Customs officials only act upon the filing of a notice by the rights 
holder or the rights holder’s representative w ith the Comptroller of Customs and Excise. 
(v) State-trading companies 
129. Trinidad and Tobago has identified the Cocoa and Coffee Industry Board of Trinidad and 
Tobago (CCIB) as a state trading enterprise to the WTO.39 
130. The CCIB facilitates the purchase and sale of cocoa and coffee from farmers via private 
entrepreneurs and a cooperative organization.  Th e objective of the CCIB is to create an orderly 
export market facility especially for the small farmers.   In this respect the CCIB issues permits for the 
purchase of cocoa on behalf of the Board;  issues licences to export cocoa;  determines the interim 
price of cocoa;  grades and inspects cocoa for e xport;  and grants permits for the secondary processing 
of cocoa.   
131. In 2009, the CCIB took a decision to liberalize th e coffee market, due to the steady decline in 
coffee production, and it was agreed that farmers w ould sell their produce at a minimum price, which 
is currently $18.00/kg.   
(vi) State-owned companies and privatization 
132. The number of enterprises that are wholly owned by the Government or in which the 
Government has a majority or minority stake rose to 53 in 2011 up from 46 in 2005. The authorities 
explained that this was due to restructuring; fo r example, the Sports Company of Trinidad and 
Tobago, which was previously a part of a Ministry, was now a separate entity.  
133. The operations of state-owned enterprises, as a group, continue to grow :  they generated an 
estimated operating surplus of TT$5.65 billion in  FY 2009/10, some TT$874.1 million more than in 
the previous fiscal year. Current transfers from Central Government amounted to TT$2.22 billion, of 
which TT$1.91 billion went to public utilities, and th e balance of $304.9 million went to state-owned 
enterprises.  The state-owned Petroleum Company of  Trinidad and Tobago had the largest operating 
surplus (TT$3.81 billion), while the Water and Sewage  Authority of Trinidad and Tobago registered 
the greatest loss (TT$1.56 billion).   
(vii) Competition policy and price controls 
(a) Competition policy 
134. The Fair Trading Act was enacted in 2006 a nd Parts IV, V, and VI of the Act were 
proclaimed in 2007.  The Act is intended to e liminate or curtail business practices that hinder or 
prevent firms from competing freely with each other, and contains provisions to prevent the abuse of 
monopoly power, anti-competitive mergers, and anti-co mpetitive horizontal agreements, i.e. cartels. 
135. The Act does not apply to: collective bargaining; agreements regarding copyright and 
professional associations; companies that fall under the purview of the Telecommunications Authority 
                                                      
39 WTO document G/STR/N12/TTO, 20 August 2010. Trinidad and Tobago WT/TPR/S/260 
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Act 2001 and banks and non-bank financ ial institutions, which are cove red by the Securities Industry 
Act 1995; any other business or activity declared by the Minister of Trade and Industry by Order subject to affirmative resolution of Parliament. Unde r the Act, vertical agreements are not prohibited, 
unless they incorporate anti-competitive features, for example, exclusive supply or distribution.   
136. The parts of the Act that have been proclaim ed pertain to the constitution, staffing, and 
auditing of the Fair Trading Commission.   Accord ing to the authorities, the interim organizational 
structure and the budget for the first year of operatio n has been approved.  Under the provisions of the 
Act, the Commission is empowered to refer contraventi ons of the Act to the High Court.  Obstructing 
or impeding the activities of the Commission ma y result in fines and custodial sentences.  
137. The Fair Trading Commission may itself in itiate an investigation of suspected 
anti-competitive behaviour.  However, the onus rema ins on the businesses affected by such behaviour 
to bring it to the attention of the Commission.  Additionally, the Act affects a firm’s choice of directors by requiring that companies must obtain the Commission's permission before a merger may take place when there is an inter-locking direct orship whereby the director could change the 
companies' policies in a way that would reduce or eliminate competition between them. 
138. The Act sets out the functions of the Commission,  which include the conduct of investigations 
as well as its general powers; identifies different types of anti-competitive business behaviour it 
would cover;  and the powers and jurisdiction of the High Court and the Court of Appeal in respect of 
matters under the Act.  The Act also addresses the establishment of the Community Competition 
Commission (CCC) established under the Revised Tr eaty of Chaguaramas and allows for the CCC to 
conduct investigations in Trinidad  and Tobago in respect of anti-competitive business practices that 
have cross-border effects, with the same power that the Commission would have. The Act also deals 
with miscellaneous and general matters such as the confidentiality of documents received by the 
Commission; hearings of the Court;  and the power granted to the Minister of Trade and Industry, to 
make regulations. 
139. The Adverse Trade Practices Order 2000 contains regulations that outlaw certain practices 
that harm the consumer.  Conduct prohibited by the Order includes only adverse trade practices, i.e. in connection with the supply of goods and services to consumers, relating to:  terms and conditions of 
supply;  the manner in which those terms are comm unicated;  the manner in which those terms are 
promoted;  method of salesmanship;  packaging;  and methods of demanding or securing payment for 
goods and services supplied.  Other legislation dea ling with consumer protection includes the Trade 
Descriptions Act of 1984, and the Sale of  Goods Act of 1895 as amended in 1983.  
140. The Consumer Protection and Safety Act of  1985, as amended in 1998, and the Adverse 
Trade Practices Order of 2000 are enforced by the Consumer Affairs Division of the Ministry of Legal Affairs.  The Division has the power to dete rmine whether a particular consumer trade practice 
affects the economic interests of consumers, a nd to make recommendations to the Minister 
responsible for Consumer Affairs to exercise his di scretion to act.  Under the Consumer Protection 
and Safety Act of  1998, the Minister may issue a Prohibition Order, which prohibits someone from 
supplying, offering to supply, agreeing to supply,  exposing for supply or possessing for supply, goods 
that are considered to be unsafe.  Violation of the Adverse Trade Practices Order is a criminal offence.  
Penalties include, on summary conviction, a fine of  TT$5,000 and four months imprisonment;  and on 
conviction on indictment, a fine of TT$10,000 and a prison term of two years.  No criminal cases have 
been brought under the Consumer Protection and Safe ty Act, nor have cease and desist orders been 
issued.  WT/TPR/S/260 Trade Policy Review 
Page 54 
  
(b) Controlled, administered, and regulated prices 
141. According to the authorities, only petroleum prices are controlled.  Under the Price of 
Petroleum Products Order, as amended, the Ministry of  Energy and Energy Industries is authorized to 
fix certain ex-refinery prices and marketing margin s.   The Petroleum Production Levy and Subsidy 
Act of 1974 as amended in 2003, provides for the collection of a levy from oil-producing companies and for the payment of subsidy to the wholesale ma rketing companies, in respect of the sale of 
petroleum products (gasoline, diesel, kerosene, and li quefied petroleum gas) on the domestic market.  
The levy payable by the oil producing companies is 4% of their gross income from the production of crude oil.
40  The Government is liable for any subs idy claimed in excess of the 4% cap. The 
authorities stated that in 2010, approximatel y 20% of the subsidy was covered by the levy.41  They 
also stated that the Government had significant arre ars with regard to the subsidy payments.  However 
they were unable to provide details of arrears. 
 
                                                      
40 The levy is only charged from those companies producing over 3,500 barrels of crude oil per day. 
41 The total subsidy claim for fiscal year 2010 was approximately TT$ 2.7 billion.