ECONOMIC AND TRADE AGREEMENT BETWEEN THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA

PREAMBLE

The Government of the United States of America and the Government of the People’s 

Republic of China (collectively the “Parties”),

RECOGNIZING the importance of their bilateral economic and trade relationship; 

REALIZING that it is in the interests of both countries that trade grow and that there is 

adherence to international norms so as to promote market-based outcomes; 

CONVINCED of the benefits of contributing to the harmonious development and expansion of 

world trade and providing a catalyst to broader international cooperation;

ACKNOWLEDGING the existing trade and investment concerns that have been identified by 

the Parties; and 

RECOGNIZING the desirability of resolving existing and any future trade and investment 

concerns as constructively and expeditiously as possible,

HAVE AGREED as follows: 
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CHAPTER 1

INTELLECTUAL PROPERTY

Section A: General Obligations

The United States recognizes the importance of intellectual property protection. China 

recognizes the importance of establishing and implementing a comprehensive legal system of 

intellectual property protection and enforcement as it transforms from a major intellectual 

property consumer to a major intellectual property producer. China believes that enhancing

intellectual property protection and enforcement is in the interest of building an innovative 

country, growing innovation-driven enterprises, and promoting high quality economic growth.

Article 1.1:

China and the United States hereby affirm that they undertake provisions with

respect to intellectual property, as set forth in Sections A through K.

Article 1.2:

The Parties shall ensure fair, adequate, and effective protection and enforcement of

intellectual property rights. Each Party shall ensure fair and equitable market access to persons

of the other Party that rely upon intellectual property protection.

Section B: Trade Secrets and Confidential Business Information

The United States emphasizes trade secret protection. China regards trade secret 

protection as a core element of optimizing the business environment. The Parties agree to ensure 

effective protection for trade secrets and confidential business information and effective 

enforcement against the misappropriation of such information.1

 

1 The Parties agree that the term “confidential business information” concerns or relates to the trade secrets, 

processes, operations, style of works, or apparatus, or to the production, business transactions, or logistics, 

customer information, inventories, or amount or source of any income, profits, losses, or expenditures of any 

person, natural or legal, or other information of commercial value, the disclosure of which is likely to have the 

effect of causing substantial harm to the competitive position of such person from which the information was 

obtained.
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Article 1.3: Scope of Actors Liable for Trade Secret Misappropriation

1. The Parties shall ensure that all natural or legal persons can be subject to

liability for trade secret misappropriation.

2. China shall define “operators” in trade secret misappropriation to include all

natural persons, groups of persons, and legal persons.

3. The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Article.

Article 1.4: Scope of Prohibited Acts Constituting Trade Secret Misappropriation

1. The Parties shall ensure that the scope of prohibited acts subject to liability for

trade secret misappropriation provides full coverage for methods of trade secret theft.

2. China shall enumerate additional acts constituting trade secret misappropriation,

especially:

(a) electronic intrusions; 

(b) breach or inducement of a breach of duty not to disclose information that is secret

or intended to be kept secret; and

(c) unauthorized disclosure or use that occurs after the acquisition of a trade secret

under circumstances giving rise to a duty to protect the trade secret from 

disclosure or to limit the use of the trade secret.

3. China and the United States agree to strengthen cooperation on trade secret protection.

4. The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Article.

Article 1.5: Burden-Shifting in a Civil Proceeding

1. The Parties shall provide that the burden of production of evidence or burden of

proof, as appropriate, shifts to the accused party in a civil judicial proceeding for trade secret 

misappropriation where the holder of a trade secret has produced prima facie evidence, including 
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circumstantial evidence, of a reasonable indication of trade secret misappropriation by the 

accused party.

2. China shall provide that:

(a) the burden of proof or burden of production of evidence, as appropriate, shifts to 

the accused party to show that it did not misappropriate a trade secret once a 

holder of a trade secret produces:

(i) evidence that the accused party had access or opportunity to obtain a trade 

secret and the information used by the accused party is materially the same 

as that trade secret; 

(ii) evidence that a trade secret has been or risks being disclosed or used by 

the accused party; or 

(iii) other evidence that its trade secret(s) were misappropriated by the accused 

party; and

(b) under the circumstance that the right holder provides preliminary evidence that 

measures were taken to keep the claimed trade secret confidential, the burden of 

proof or burden of production of evidence, as appropriate, shifts to the accused 

party to show that a trade secret identified by a holder is generally known among 

persons within the circles that normally deal with the kind of information in 

question or is readily accessible, and therefore is not a trade secret.

3. The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Article.

Article 1.6: Provisional Measures to Prevent the Use of Trade Secrets

1. The Parties shall provide for prompt and effective provisional measures to prevent

the use of misappropriated trade secrets.

2. China shall identify the use or attempted use of claimed trade secret information as

an “urgent situation” that provides its judicial authorities the authority to order the grant of a 

preliminary injunction based on the specific facts and circumstances of a case.

3. The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Article.
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Article 1.7: Threshold for Initiating Criminal Enforcement

1. The Parties shall eliminate any requirement that the holder of a trade secret

establish actual losses as a prerequisite to initiation of a criminal investigation for 

misappropriation of a trade secret.

2. China shall: 

(a) as an interim step, clarify that “great loss” as a threshold for criminal enforcement 

under the trade secret provision in the relevant law can be fully shown by 

remedial costs, such as those incurred to mitigate damage to business operations 

or planning or to re-secure computer or other systems, and substantially lower all 

the thresholds for initiating criminal enforcement; and

(b) as a subsequent step, eliminate in all applicable measures any requirement that the 

holder of a trade secret establish actual losses as a prerequisite to initiation of a

criminal investigation for misappropriation of a trade secret.

Article 1.8: Criminal Procedures and Penalties

1. The Parties shall provide for the application of criminal procedures and penalties to

address willful trade secret misappropriation.

2. China’s criminal procedures and penalties shall at least encompass cases of trade

secret misappropriation through theft, fraud, physical or electronic intrusion for an unlawful 

purpose, and the unauthorized or improper use of a computer system in the scope of prohibited 

acts.

3. The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Article.

Article 1.9: Protecting Trade Secrets and Confidential Business Information from

Unauthorized Disclosure by Government Authorities

1. To further strengthen the protection of trade secrets, as well as better encourage

various enterprises to innovate, China shall prohibit the unauthorized disclosure of undisclosed 

information, trade secrets, or confidential business information by government personnel or third 

party experts or advisors in any criminal, civil, administrative, or regulatory proceedings 
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conducted at either the central or sub-central levels of government in which such information is 

submitted.

2. China shall require administrative agencies and other authorities at all levels to:

(a) limit requests for information to no more than necessary for the legitimate 

exercise of investigative or regulatory authority;

(b) limit access to submitted information to only government personnel necessary for 

the exercise of legitimate investigative or regulatory functions; 

(c) ensure the security and protection of submitted information;

(d) ensure that no third party experts or advisors who compete with the submitter of 

the information or have any actual or likely financial interest in the result of the 

investigative or regulatory process have access to such information;

(e) establish a process for persons seeking an exemption from disclosure and a 

mechanism for challenging disclosures to third parties; and

(f) provide criminal, civil, and administrative penalties, including monetary fines, the 

suspension or termination of employment, and, as part of the final measures 

amending the relevant laws, imprisonment, for the unauthorized disclosure of a 

trade secret or confidential business information that shall deter such unauthorized 

disclosure.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that 

provided for in this Article.

Section C: Pharmaceutical-Related Intellectual Property

Pharmaceuticals are a matter concerning people’s life and health, and there continues to 

be a need for finding new treatments and cures, such as for cancer, diabetes, hypertension, and 

stroke, among others. To promote innovation and cooperation in the pharmaceutical sector and 

to better meet the needs of patients, the Parties shall provide for effective protection and 

enforcement of pharmaceutical-related intellectual property rights, including patents and 

undisclosed test or other data submitted as a condition of marketing approval.
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Article 1.10: Consideration of Supplemental Data

1. China shall permit pharmaceutical patent applicants to rely on supplemental data to 

satisfy relevant requirements for patentability, including sufficiency of disclosure and inventive 

step, during patent examination proceedings, patent review proceedings, and judicial 

proceedings.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.11: Effective Mechanism for Early Resolution of Patent Disputes

1. If China permits, as a condition of approving the marketing of a pharmaceutical product,

including a biologic, persons, other than the person originally submitting the safety and efficacy

information, to rely on evidence or information concerning the safety and efficacy of a product

that was previously approved, such as evidence of prior marketing approval by China or in 

another territory, China shall provide: 

(a) a system to provide notice to a patent holder, licensee, or holder of marketing 

approval, that such other person is seeking to market that product during the term 

of an applicable patent claiming the approved product or its approved method of 

use; 

(b) adequate time and opportunity for such a patent holder to seek, prior to the 

marketing of an allegedly infringing product, available remedies in subparagraph 

(c); and 

(c) procedures for judicial or administrative proceedings and expeditious remedies, 

such as preliminary injunctions or equivalent effective provisional measures, for 

the timely resolution of disputes concerning the validity or infringement of an 

applicable patent claiming an approved pharmaceutical product or its approved 

method of use.

2. China shall establish a nationwide system for pharmaceutical products consistent with 

paragraph 1, including by providing a cause of action to allow the patent holder, licensee, or 

holder of marketing approval to seek, prior to the marketing approval of an allegedly infringing 

product, civil judicial proceedings and expeditious remedies for the resolution of disputes 

concerning the validity or infringement of an applicable patent. China may also provide for 

administrative proceedings for the resolution of such disputes.
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3. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Section D: Patents

Article 1.12: Effective Patent Term Extension

1. The Parties shall provide patent term extensions to compensate for unreasonable delays

that occur in granting the patent or during pharmaceutical product marketing approvals.

2. China shall provide that:

(a) China, at the request of the patent owner, shall extend the term of a patent to

compensate for unreasonable delays, not attributable to the applicant, that occur in 

granting the patent. For purposes of this provision, an unreasonable delay shall at 

least include a delay in the issuance of the patent of more than four years from the 

date of filing of the application in China, or three years after a request for 

examination of the application, whichever is later.

(b) With respect to patents covering a new pharmaceutical product that is approved 

for marketing in China and methods of making or using a new pharmaceutical

product that is approved for marketing in China, China, at the request of the 

patent owner, shall make available an adjustment of the patent term or the term of 

the patent rights of a patent covering a new product, its approved method of use, 

or a method of making the product to compensate the patent owner for 

unreasonable curtailment of the effective patent term as a result of the marketing 

approval process related to the first commercial use of that product in China. Any 

such adjustment shall confer all of the exclusive rights, subject to the same 

limitations and exceptions, of the patent claims of the product, its method of use, 

or its method of manufacture in the originally issued patent as applicable to the 

approved product and the approved method of use of the product. China may 

limit such adjustments to no more than five years and may limit the resulting 

effective patent term to no more than 14 years from the date of marketing 

approval in China.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.
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Section E: Piracy and Counterfeiting on E-Commerce Platforms

In order to promote the development of e-commerce, China and the United States shall

strengthen cooperation and jointly and individually combat infringement and counterfeiting in 

the e-commerce market. The Parties shall reduce piracy and counterfeiting, including by 

reducing barriers, if any, to making legitimate content available in a timely manner to consumers 

and eligible for copyright protection, and providing effective enforcement against e-commerce 

platforms.

Article 1.13: Combating Online Infringement

1. China shall provide enforcement procedures that permit effective and expeditious action

by right holders against infringement that occurs in the online environment, including an 

effective notice and takedown system to address infringement.

2. China shall: 

(a) require expeditious takedowns;

(b) eliminate liability for erroneous takedown notices submitted in good faith; 

(c) extend to 20 working days the deadline for right holders to file a judicial or 

administrative complaint after receipt of a counter-notification; and

(d) ensure validity of takedown notices and counter-notifications, by requiring 

relevant information for notices and counter-notifications and penalizing notices 

and counter-notifications submitted in bad faith.

3. The United States affirms that existing U.S. enforcement procedures permit action by 

right holders for infringement that occurs in the online environment.

4. The Parties agree to further cooperate, as appropriate, to combat infringement.

Article 1.14: Infringement on Major E-Commerce Platforms

1. The Parties shall combat the prevalence of counterfeit or pirated goods on e-commerce

platforms by taking effective action with respect to major e-commerce platforms that fail to take

necessary measures against the infringement of intellectual property rights.
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2. China shall provide that e-commerce platforms may have their operating licenses revoked

for repeated failures to curb the sale of counterfeit or pirated goods.

3. The United States affirms that it is studying additional means to combat the sale of

counterfeit or pirated goods.

Section F: Geographical Indications

The Parties shall ensure full transparency and procedural fairness with respect to the 

protection of geographical indications, including safeguards for generic2terms (also known as 

common names), respect for prior trademark rights, and clear procedures to allow for opposition 

and cancellation, as well as fair market access for exports of a Party relying on trademarks or the 

use of generic terms.

Article 1.15: Geographical Indications and International Agreements

1. China shall ensure that any measures taken in connection with pending or future requests

from any other trading partner for recognition or protection of a geographical indication pursuant

to an international agreement do not undermine market access for U.S. exports to China of goods

and services using trademarks and generic terms.

2. China shall give its trading partners, including the United States, necessary opportunities

to raise disagreement about enumerated geographical indications in lists, annexes, appendices, or 

side letters, in any such agreement with another trading partner.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.16: General Market Access-related GI Concerns

1. China shall ensure that:

(a) competent authorities, when determining whether a term is generic in China, take 

into account how consumers understand the term in China, including as indicated 

by the following:

 

2 The term “generic” may be deemed by a Party to be synonymous with “a term customary in the common language 

as the common name for the associated good.”
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(i) competent sources such as dictionaries, newspapers, and relevant 

websites; 

(ii) how the good referenced by the term is marketed and used in trade in 

China; 

(iii) whether the term is used, as appropriate, in relevant standards to refer to a 

type or class of goods in China, such as pursuant to a standard 

promulgated by the Codex Alimentarius; and

(iv) whether the good in question is imported into China, in significant 

quantities, from a place other than the territory identified in the application 

or petition, and in a way that will not mislead the public about its place of 

origin, and whether those imported goods are named by the term, and

(b) any geographical indication, whether granted or recognized pursuant to an 

international agreement or otherwise, may become generic over time, and may be 

subject to cancellation on that basis.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.17: Multi-Component Terms

1. Each Party shall ensure that an individual component of a multi-component term that is

protected as a geographical indication in the territory of a Party shall not be protected in that 

Party if that individual component is generic.

2. When China provides geographical indication protection to a multi-component term, it

shall publicly identify which individual components, if any, are not protected.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Section G: Manufacture and Export of Pirated and Counterfeit Goods

Pirated and counterfeit goods severely undermine the interests of the general public and 

harm right holders in both China and the United States. The Parties shall take sustained and 
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effective action to stop the manufacture and to block the distribution of pirated and counterfeit 

products, including those with a significant impact on public health or personal safety.

Article 1.18: Counterfeit Medicines

1. The Parties shall take effective and expeditious enforcement action against counterfeit

pharmaceutical and related products containing active pharmaceutical ingredients, bulk 

chemicals, or biological substances.

2. Measures China shall take include:

(a) taking effective and expeditious enforcement action against the related products of 

counterfeit medicines and biologics, including active pharmaceutical ingredients, 

bulk chemicals, and biological substances;

(b) sharing with the United States the registration information of pharmaceutical raw 

material sites that have been inspected by Chinese regulatory authorities and that 

comply with the requirements of Chinese laws and regulations, as well as any 

necessary information of relevant enforcement inspections; and

(c) publishing online annually, beginning within six months after the date of entry 

into force of this Agreement, the data on enforcement measures, including 

seizures, revocations of business licenses, fines, and other actions taken by the 

National Medical Products Administration, Ministry of Industry and Information 

Technology, or any successor entity.

3. The United States affirms that existing U.S. measures afford effective and expeditious

action against counterfeit pharmaceutical and related products.

Article 1.19: Counterfeit Goods with Health and Safety Risks

1. The Parties shall ensure sustained and effective action to stop the manufacture and

distribution of counterfeit products with a significant impact on public health or personal safety. 

2. Measures China shall take include significantly increasing the number of enforcement

actions within three months after the date of entry into force of this Agreement, and publishing 

data online on the measurable impact of these actions each quarter, beginning within four months 

after the date of entry into force of this Agreement.
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3. The Parties shall endeavor, as appropriate, to strengthen cooperation to combat 

counterfeit goods that pose health and safety risks.

Article 1.20: Destruction of Counterfeit Goods

1. With respect to border measures, the Parties shall provide that:

(a) goods that have been suspended from release by its customs authorities on 

grounds that they are counterfeit or pirated, and that have been seized and 

forfeited as pirated or counterfeit, shall be destroyed, except in exceptional 

circumstances; 

(b) the simple removal of a counterfeit trademark unlawfully affixed shall not be 

sufficient to permit the release of the goods into the channels of commerce; and 

(c) in no event shall the competent authorities have discretion, except in exceptional 

circumstances, to permit the exportation of counterfeit or pirated goods or to 

subject such goods to other customs procedures.

2. With respect to civil judicial procedures, the Parties shall provide that:

(a) at the right holder’s request, goods that have been found to be pirated or 

counterfeit shall be destroyed, except in exceptional circumstances;

(b) at the right holder’s request, its judicial authorities shall order that materials and 

implements that have been predominantly used in the manufacture or creation of 

such pirated or counterfeit goods be, without compensation of any sort, promptly 

destroyed or, in exceptional circumstances and without compensation of any sort, 

disposed of outside the channels of commerce in such a manner as to minimize 

the risks of further infringements; 

(c) the simple removal of a counterfeit trademark unlawfully affixed shall not be 

sufficient to permit the release of goods into the channels of commerce; and

(d) at the right holder’s request, its judicial authorities shall order a counterfeiter to 

pay right holders the profits from infringement or damages adequate to 

compensate for the injury from the infringement.

3. With respect to criminal procedures, the Parties shall provide that:
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(a) its judicial authorities, except in exceptional cases, shall order the forfeiture and

destruction of all counterfeit or pirated goods and any articles consisting of a 

counterfeit mark to be affixed to goods; 

(b) its judicial authorities, except in exceptional cases, shall order the forfeiture and

destruction of materials and implements that have been predominantly used in the 

creation of pirated or counterfeit goods;

(c) forfeiture and destruction shall occur without compensation of any kind to the 

defendant; and

(d) its judicial or other competent authorities shall keep an inventory of goods and 

other material proposed to be destroyed, and these authorities shall have the 

discretion to temporarily exempt these materials from the destruction order to 

facilitate the preservation of evidence on notice by the right holder that it wishes 

to bring a civil or administrative case against the defendant or any third-party 

infringer.

4. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.21: Border Enforcement Actions

1. The Parties shall endeavor to strengthen enforcement cooperation with a view to reducing

the amount of counterfeit and pirated goods, including those that are exported or in transit.

2. China shall provide a sustained increase in the number of trained personnel to inspect,

detain, seize, effect administrative forfeiture, and otherwise execute customs’ enforcement 

authority against counterfeit and pirated goods, with an emphasis on counterfeit and pirated 

goods that are exported or in transit. Measures China shall take include significantly increasing

training of relevant customs enforcement personnel within nine months after the date of entry 

into force of this Agreement. China also shall significantly increase the number of enforcement 

actions beginning within three months after the date of entry into force of this Agreement, and 

publishing online quarterly updates of enforcement actions.

3. The Parties agree to carry out cooperation with respect to border enforcement as

appropriate.
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Article 1.22: Enforcement at Physical Markets

1. The Parties shall take sustained and effective action against copyright and trademark

infringement at physical markets.

2. Measures China shall take include significantly increasing the number of enforcement

actions beginning within four months after the date of entry into force of this Agreement, and 

publishing online quarterly updates of enforcement actions at physical markets.

3. The United States affirms that existing U.S. measures afford effective enforcement 

against copyright and trademark infringement at physical markets. 

Article 1.23: Unlicensed Software

1. The Parties shall ensure that all government agencies and all entities that the government

owns or controls install and use only licensed software.

2. Measures China shall take include requiring annual audits by qualified third parties of

China with no government ownership or affiliation and the publication online of the audit results, 

beginning within seven months after the date of entry into force of this Agreement.

3. The United States affirms that existing U.S. measures require government agencies and

contractors to install and use only licensed software.

Section H: Bad-Faith Trademarks

Article 1.24:

With a view to strengthening trademark protection, the Parties shall ensure

adequate and effective protection and enforcement of trademark rights, particularly against bad 

faith trademark registrations.

Article 1.25:

The United States affirms that existing U.S. measures afford treatment equivalent

to that provided for in this Section.
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Section I: Judicial Enforcement and Procedure in Intellectual Property Cases

Article 1.26: Transfer from Administrative Enforcement to Criminal Enforcement

1. China shall require the administrative authorities to transfer a case for criminal

enforcement, if, under an objective standard, there is “reasonable suspicion” based on articulable 

facts that a criminal violation of an intellectual property right has occurred.

2. The United States affirms that U.S. authorities have the authority to refer appropriate

cases for criminal enforcement.

Article 1.27: Deterrent-Level Penalties

1. The Parties shall provide civil remedies and criminal penalties sufficient to deter future

intellectual property theft or infringements.

2. China shall:

(a) as an interim step, deter future intellectual property theft or infringements and 

strengthen the application of existing remedies and penalties by imposing a 

heavier punishment at or near the statutory maximum permitted under its laws 

related to intellectual property to deter intellectual property theft or infringements; 

and

(b) as a subsequent step, increase the range of minimum and maximum preestablished damages, sentences of imprisonment, and monetary fines to deter 

future intellectual property theft or infringements.

3. The United States shall endeavor, as appropriate, to strengthen communication and

cooperation with China under the bilateral Intellectual Property Criminal Enforcement Working 

Group and to consider opportunities for more experience-sharing and pragmatic cooperation 

regarding criminal enforcement of intellectual property rights.

Article 1.28: Enforcement of Judgments

1. The Parties shall ensure expeditious enforcement of any fine, penalty, payment of

monetary damages, injunction, or other remedy for a violation of an intellectual property right 

ordered in a final judgment by its own court. 
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2. Measures China shall take include executing work guidelines and implementation plans 

to ensure expeditious enforcement of judgments, publishing its work guidelines and 

implementation plans within one month after the date of entry into force of this Agreement, as 

well as publishing online quarterly reports of implementation results.

3. The United States affirms that existing U.S. measures afford expeditious enforcement of

judgments, including those pertaining to violations of intellectual property rights.

Article 1.29: Enforcement of Copyright and Related Rights

1. In civil, administrative, and criminal proceedings involving copyright or related rights, 

the Parties shall: 

(a) provide for a legal presumption that, in the absence of proof to the contrary, the 

person whose name is indicated as the author, producer, performer, or publisher 

of the work, performance, or phonogram in the usual manner is the designated 

right holder in such work, performance, or phonogram and that the copyright or 

related right subsists in such subject matter;

(b) when the presumption in subparagraph (a) holds, waive requirements to present 

copyright or related rights transfer agreements or other documentation in order to 

establish ownership, licensing, or infringement of copyright or related rights, in 

the absence of rebuttal evidence presented by the accused infringer; and

(c) provide that the accused infringer has the burden of production of evidence or 

burden of proof, as appropriate, to demonstrate that its use of a work protected by 

copyright or related rights is authorized, including in a case where the accused 

infringer claims to have obtained permission to use the work, such as through a 

license, from the right holder.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.30: Document Authentication (“Consularization”)

1. In civil judicial procedures, the Parties shall not require formalities to authenticate

evidence, including requiring a consular official’s seal or chop, that can be introduced or 

authenticated through stipulation, or witness testimony under penalty of perjury.

2. For evidence that cannot be introduced or authenticated through stipulation, or witness
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testimony under penalty of perjury, China shall streamline notarization and authentication 

procedures.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Article 1.31: Witness Testimony

1. In civil judicial proceedings, China shall afford a party a reasonable opportunity to 

present witnesses or experts in its case and cross-examine any witness testifying in the 

proceeding.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that

provided for in this Article.

Section J: Bilateral Cooperation on Intellectual Property Protection

Article 1.32:

Cooperation activities and initiatives undertaken in connection with the intellectual

property chapter of this Agreement shall be subject to the availability of resources, and on 

request, and on terms and conditions mutually agreed upon between the Parties.

Article 1.33:

The Parties agree to strengthen bilateral cooperation on the protection of

intellectual property rights and promote pragmatic cooperation in this area. China National 

Intellectual Property Administration and the United States Patent and Trademark Office will 

discuss biennial cooperation work plans in the area of intellectual property, including joint 

programs, industry outreach, information and expert exchanges, regular interaction through 

meetings and other communications, and public awareness.
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Section K: Implementation

Article 1.34:

Each Party shall determine the appropriate method of implementing the provisions of this

Agreement within its own system and practice. If necessary, each Party shall provide 

suggestions for the amendment of laws to its legislative body according to its domestic 

legislation procedure. Consistent with the Bilateral Evaluation and Dispute Resolution Chapter, 

each Party shall ensure that its obligations under this Agreement are fully implemented. 

Article 1.35:

Within 30 working days after the date of entry into force of this Agreement, China will

promulgate an Action Plan to strengthen intellectual property protection aimed at promoting its 

high-quality growth. This Action Plan shall include, but not be limited to, measures that China 

will take to implement its obligations under this Chapter and the date by which each measure 

will go into effect. 

Article 1.36:

The United States affirms that its existing measures are consistent with its obligations in

this Chapter.
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CHAPTER 2

TECHNOLOGY TRANSFER

The Parties affirm the importance of ensuring that the transfer of technology occurs on 

voluntary, market-based terms and recognize that forced technology transfer is a significant 

concern. The Parties further recognize the importance of undertaking steps to address these 

issues, in light of the profound impact of technology and technological change on the world 

economy.

To enhance mutual trust and cooperation between the Parties with respect to technology 

issues, protect intellectual property, promote trade and investment, and establish a foundation for 

addressing long-standing structural concerns, the Parties have agreed as follows: 

Article 2.1: General Obligations

1. Natural or legal persons (“persons”) of a Party shall have effective access to and be able 

to operate openly and freely in the jurisdiction of the other Party without any force or pressure 

from the other Party to transfer their technology to persons of the other Party.

2. Any transfer or licensing of technology between persons of a Party and those of the other 

Party must be based on market terms that are voluntary and reflect mutual agreement.

3. A Party shall not support or direct the outbound foreign direct investment activities of its 

persons aimed at acquiring foreign technology with respect to sectors and industries targeted by 

its industrial plans that create distortion.

Article 2.2: Market Access

Neither Party shall require or pressure persons of the other Party to transfer technology to 

its persons in relation to acquisitions, joint ventures, or other investment transactions. 

Article 2.3: Administrative and Licensing Requirements and Processes

1. Neither Party shall adopt or maintain administrative and licensing requirements and 

processes that require or pressure technology transfer from persons of the other Party to its 

persons. 
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2. Neither Party shall require or pressure, formally or informally, persons of the other Party 

to transfer technology to its persons as a condition for, inter alia: 

(a) approving any administrative or licensing requirements;

(b) operating in the jurisdiction of the Party or otherwise having access to the Party’s 

market; or

(c) receiving or continuing to receive any advantages conferred by the Party.

3. Neither Party shall require or pressure, formally or informally, persons of the other Party 

to use or favor technology that is owned by or licensed to its persons as a condition for, inter 

alia:

(a) approving any administrative or licensing requirements;

(b) operating in the jurisdiction of the Party, or otherwise having access to the Party’s 

market; or

(c) receiving or continuing to receive any advantages conferred by the Party.

4. The Parties shall make their administrative and licensing requirements and processes 

transparent.

5. The Parties shall not require or pressure foreign persons to disclose sensitive technical 

information not necessary to show conformity with the relevant administrative or regulatory 

requirements.

6. The Parties shall protect the confidentiality of any sensitive technical information 

disclosed by foreign persons during any administrative, regulatory, or other review processes.

Article 2.4: Due Process and Transparency

1. The Parties shall ensure that any enforcement of laws and regulations with respect to 

persons of the other Party is impartial, fair, transparent, and non-discriminatory.

2. The Parties shall ensure that rules of procedure for administrative proceedings related to 

the subject matter of this Agreement are published and provide meaningful notice regarding, at a 

minimum, the subject matter of the proceeding, applicable laws and regulations, rules of 

evidence, and relevant remedies and sanctions.
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3. The Parties shall provide that persons of the other Party have the right to: 

(a) review evidence and have a meaningful opportunity to respond in any 

administrative proceedings against them; and

(b) be represented by legal counsel in administrative proceedings.

Article 2.5: Scientific and Technological Cooperation

The Parties agree to carry out scientific and technological cooperation where appropriate.
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CHAPTER 3

TRADE IN FOOD AND AGRICULTURAL PRODUCTS1

Article 3.1: General

1. To enhance mutual trust and friendly cooperation between China and the United States 

on issues affecting agricultural trade, to establish a foundation for addressing long-standing 

concerns, and to make agriculture a strong pillar of the bilateral relationship, the Parties:

(a) recognizing the importance of their agriculture sectors, of ensuring safe and 

reliable supplies of food and agricultural products, and of helping to meet the 

demand of the two countries’ peoples for food and agricultural products, intend to 

intensify cooperation in agriculture, to expand each Party’s market for food and 

agricultural products, and to promote the growth of trade in food and agricultural 

products between the Parties;

(b) considering that science- and risk- based sanitary and phytosanitary (SPS) 

measures play a crucial role in the protection of human, animal, and plant life and 

health, while the use of SPS measures for purposes of protectionism negatively 

impacts the welfare of consumers and producers, and recognizing the importance 

of ensuring that SPS measures are science-based, non-discriminatory, and account 

for regional differences in sanitary and phytosanitary characteristics, agree that 

neither Party shall apply sanitary or phytosanitary measures in a manner which 

would constitute a disguised restriction on international trade;

(c) considering that the benefits of an agricultural trading system are reduced when 

importers and exporters are unfairly impeded from taking full advantage of 

agricultural market access opportunities, recognize that tariff-rate quota (TRQ) 

administration should not be employed as a means of preventing the full 

utilization of agricultural TRQs;

 

1 Article 8.5 (Final Provisions) shall not apply with respect to any proposed or final measure, including 

an amendment to an existing measure, intended to implement this Chapter, including its Annexes and 

Appendices.
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(d) noting the ability of agricultural biotechnology to improve lives by helping to feed 

growing populations, by reducing the environmental impact of agriculture, and by 

promoting more sustainable production, intend to maintain, for products of 

agricultural biotechnology, science- and risk-based regulatory frameworks and 

efficient authorization processes, in order to facilitate increased trade in such 

products; and

(e) acknowledge the importance of each Party adhering to its World Trade 

Organization (WTO) commitments with respect to the provision of domestic 

support.

2. Annexes 1-17 set out further commitments. 

Annex 1. Agricultural Cooperation

1. The Parties intend to strengthen and promote cooperative activities, to be mutually agreed 

upon by the Parties, in agricultural science and agricultural technology. Such activities may 

include mutually agreed information exchanges and cooperation. The Parties intend their 

cooperative activities to be based on, among other things, the principles of integrity, reciprocity, 

openness, transparency, science, and rule of law. 

2. The Parties intend to conduct technical consultations with each other on areas of potential 

cooperation related to pesticides for agricultural use. These consultations may include 

discussions of the Parties’ pesticide registration data and pesticide trial data, and discussions on 

the setting of maximum residue levels. 

3. The Parties intend to continue implementing and improving the China-United States

Scientific Cooperation and Exchange Program to promote further exchanges on agriculturerelated issues between U.S. and Chinese scientific and technical experts. Each Party intends to 

ensure the participation, as appropriate, of relevant agencies or ministries of its government in 

activities of the program. 

4. The Parties intend to encourage exchanges and dialogues on agricultural topics between, 

as appropriate, U.S. and Chinese national and sub-national government authorities, farmers, 

academics, businesses in the agriculture sector, and others. The Parties intend to continue 

implementation and improvement of existing mechanisms for bilateral communication on 

agricultural policy, such as the Joint Committee on Cooperation in Agriculture, and to facilitate 

communication on agricultural policy through participation of officials from both the U.S. and 

Chinese governments in relevant conferences on this topic, including the China Food Security 
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and Food Safety Strategy Summit and the United States’ and China’s respective Agricultural 

Outlook conferences.

5. The Parties intend to promote communication between U.S. and Chinese technical 

experts on agricultural subjects of mutual interest, including, as appropriate, on production 

agriculture, crop insurance, trade in agricultural products, sanitary and phytosanitary matters, and 

rural development. 

6. The Parties intend to cooperate in technical discussions, as appropriate, related to 

sustainable agricultural development. 

7. The Parties intend to enhance, as appropriate, their information sharing on animal and 

plant pests and diseases, including through technical exchange visits. The Parties intend to 

communicate, as appropriate, their experiences with enhancing capacity to control animal and 

plant pests and diseases, and through such communication to promote disease detection and the 

research and development of technologies for the detection and control of such diseases and 

pests. 

8. The Parties intend to engage each other cooperatively on agriculture-related technical,

and sanitary and phytosanitary, measures, including on the subject of risk communication. The 

Parties intend to engage each other cooperatively on these subjects including by increasing 

cooperation on them in international organizations, such as the WTO, Asia-Pacific Economic 

Cooperation, the United Nations Food and Agriculture Organization (FAO), and the Codex 

Alimentarius Commission (Codex). 

9. The Parties intend to establish cooperation mechanisms, under the framework of the 2019 

Osaka Declaration on Digital Economy, for the discussion of ways in which digital technologies 

can benefit the agriculture sector.

10. The Parties intend to include all relevant agencies of their governments in the 

governmental activities discussed in this Annex.

11. For greater certainty, nothing in this Annex shall obligate either Party to expend, obligate, 

or transfer any funds, or to dedicate personnel or other resources to any cooperative activity.

Annex 2. Dairy and Infant Formula 

1. As soon as practicable following the date of entry into force of this Agreement, the 

General Administration of Customs of the People’s Republic of China (GACC) and the U.S. 

Food and Drug Administration (FDA) shall initiate bilateral technical discussions to review 
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Import Alert 99-30 “Detention Without Physical Examination of All Milk Products, Milk 

Derived Ingredients and Finished Food Products Containing Milk from China due to the 

Presence of Melamine and/or Melamine Analogs” in order to clarify the steps necessary for the 

removal of Import Alert 99-30.

Dairy Products

2. Aiming to better meet Chinese consumers’ ever-growing needs for dairy products, China 

shall:

(a) upon entry into force of this Agreement, allow imports of U.S. dairy products that 

are: 

(i) manufactured at a facility on a list compiled by the FDA; and

(ii) accompanied by an Agricultural Marketing Service (AMS) dairy sanitary 

certificate; 

(b) within 10 days of the date of entry into force of this Agreement, recognize the 

U.S. dairy-safety system as providing at least the same level of protection as 

China’s dairy-safety system;

(c) each time the United States provides China with an updated and complete list of 

dairy facilities and products under the jurisdiction of the FDA, within 20 working 

days of receipt of the list:

(i) register the facilities and publish the list of facilities and products on the 

GACC website; and

 (ii) allow U.S. dairy imports into China from those facilities;

(d) allow imports of U.S. dairy products of bovine, ovine, and caprine origins when 

accompanied by an AMS dairy sanitary certificate;

(e) with respect to extended shelf life (ESL) milk:

(i) allow ESL milk produced in the United States to be imported and sold as 

pasteurized milk in China; 
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(ii) notify the draft standard to the WTO should China undertake development 

of a new standard for ESL milk; 

(iii) ensure that the new standard and all implementing actions are consistent 

with China’s WTO obligations; and

(iv) allow imports of U.S. ESL milk consistent with Paragraph 2(a), (c), and 

(d);

(f) with respect to fortified milk:

(i) allow fortified milk produced in the United States to be imported into 

China subject to China’s National Food Safety Standard - Modified Milk 

(GB25191), consistent with Paragraph 2(a), (c), and (d); 

(ii) allow such product to be labeled and sold to consumers as “pasteurizedmodified milk” provided the product is pasteurized;

 

(iii) notify the draft standard to the WTO should China undertake development 

of a new standard for fortified milk; and 

(iv) ensure that the new standard and all implementing actions are consistent 

with China’s WTO obligations; 

(g) with respect to U.S. ultrafiltered fluid milk:

(i) allow U.S. ultrafiltered fluid milk to be imported into China referring to 

China’s National Food Safety Standard - Modified Milk (GB25191), 

consistent with Paragraph 2(a), (c), and (d) and such products should be 

labeled with “ultrafiltration technology”; 

(ii) allow such products to be labeled as “pasteurized-modified milk” provided

the product is pasteurized; 

(iii) notify the draft standard to the WTO once China develops a draft of a new 

standard for ultrafiltered milk; and 

(iv) ensure that the new standard and all implementing actions are consistent 

with China’s WTO obligations; and
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(h) with respect to U.S. dairy permeate powder:

(i) within 60 working days of the date of entry into force of this Agreement:

a. complete the approval process for U.S. dairy permeate powder for 

human consumption consistent with the requirements of the Notice 

of the General Office of the National Health and Family Planning 

Commission for Regulating the Review of Imported Foods for 

Which There Is No Chinese National Food Safety Standards 

(GuoWeiBanShiPinFa [2017] No.14); and

b. allow the importation of U.S. dairy permeate powder; 

(ii) notify the draft standard to the WTO should China undertake development 

of a new standard for dairy permeate powder; and 

(iii) ensure that the new standard and all implementing actions are consistent 

with China’s WTO obligations.

Infant Formula

3. Aiming to better meet Chinese consumers’ ever-growing needs for infant formula 

products, China shall:

(a) take into full consideration section 412 of the U.S. Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. § 350a) and its implementing regulations when China 

reviews applications for, and decides on, the registration of U.S. infant formula 

products;

(b) accept, complete review of, and issue a decision on product registration 

applications regardless of whether the submitting entity is associated with an 

already-registered facility;

(c) complete technical reviews of infant formula product registration applications and 

do so ordinarily within 45 working days from receipt of the application;

(d) normally complete within 40 working days of completing the technical review, 

provided the U.S. manufacturer provides timely access if needed, any audit, 

inspection, sampling, or testing that is required in order to register an infant 

formula product;
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(e) taking into consideration the FDA’s previous product reviews, inspections, and 

determinations of the regulatory standing of the facility or facilities where the 

product is manufactured, complete the product registration within 20 working 

days following completion of the technical review or of any required audit, 

inspection, sampling, or testing;

(f) ensure non-disclosure of all trade secrets provided in the infant formula product 

registration process;

(g) each time the United States provides China with an updated and complete list of 

infant formula facilities under the jurisdiction of the FDA, within 20 working 

days of receipt of the list, register the facilities, publish the list on the GACC 

website, and allow U.S. infant formula imports into China from those facilities, 

provided the infant formula product is registered with the State Administration of 

Market Regulation; 

(h) not require renewal of registration of:

(i) infant formula facilities more frequently than once every four years; and

(ii) infant formula products more frequently than once every five years;

(i) take into account previous Chinese audit reports, U.S. regulatory information, and 

any other relevant information, including information provided by the 

manufacturer, when determining whether a facility inspection is required for 

product registration or re-registration; and 

(j) within one week of the date of entry into force of this Agreement, register those 

U.S. infant formula facilities whose products have been approved in China and 

that have facility registration applications pending review by the GACC by 

publishing the complete list of facilities on the GACC website.

Audits and Inspections for Dairy Products and Infant Formula

4. China shall:

(a) at least 20 working days in advance of any inspection or audit at a U.S. dairy or 

infant formula facility, notify the FDA, the U.S. Department of Agriculture 

(USDA), and the facility;
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(b) to streamline procedures, improve efficiency, and advance trade facilitation, not 

require an on-site audit or inspection as a pre-requisite to registering a dairy or 

infant formula facility; and

(c) ensure that any audit or inspection it conducts for an infant formula product 

registration or for the registration of a dairy or infant formula facility is for

verification of either the U.S. system of oversight or of the ability of the facility to 

meet the applicable requirements.

5. China continues to have the right to audit the U.S. dairy and infant formula food safety 

regulatory system, including a representative sample of U.S. dairy and infant formula facilities, 

in coordination with the FDA. Such auditing shall be risk-based. China also continues to have 

the right to conduct inspections of a risk-based selection of shipments of U.S. dairy and infant 

formula products at the port of entry. If China determines, based on scientific inspection, that a 

particular shipment of U.S dairy or infant formula products is in violation of applicable food 

safety import requirements, China may refuse importation of that shipment. If China determines 

that there is a significant, sustained or recurring pattern of non-conformity with an applicable 

food safety measure by a particular facility, China may refuse to accept shipments from that 

facility until the problem is resolved. China shall notify the FDA of such non-conformity. The 

Parties shall exchange information on their dairy and infant formula food safety regulatory 

systems and other public-health matters.

Annex 3. Poultry

1. The Parties shall sign and implement the Protocol on Cooperation on Notification and 

Control Procedures for Certain Significant Poultry Diseases within 30 days of the date of entry 

into force of this Agreement.

2. For those U.S. poultry and poultry products imported into China prior to January 1, 2015, 

China shall, within 30 days of the date of entry into force of this Agreement, issue, based on its 

previously-conducted assessment of the U.S. regulatory system, a final decision on whether to 

permit the importation of the product. China shall permit their importation consistently with 

existing bilaterally-agreed import protocols.

3. China shall maintain measures consistent with the 2018 World Organization for Animal 

Health (OIE) Terrestrial Animal Health Code Chapter 10.4, or any successor provisions.

4. Within 30 days following receipt from China of a formal request for an evaluation of a 

region of China for avian disease free recognition and a completed information package to 
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support such a request that addresses the eight factors outlined in 9 CFR Part 92, or any 

successor provisions, the USDA’s Animal and Plant Health Inspection Service (APHIS) shall 

initiate such an evaluation.

Annex 4. Beef

1. The Parties shall continue implementing the 2017 Protocol for the importation of U.S. 

beef and beef products into China; however, this Agreement shall prevail over any requirements 

in the Protocol that are inconsistent with this Agreement. The two Parties may revise the 

Protocol according to this Agreement if appropriate.

2. China acknowledges that the United States has submitted all relevant and necessary 

information as requested by China to enable completion of a risk assessment related to the 

importation of all U.S. beef, beef products, and pet food containing ruminant ingredients. China 

shall, within one month of the date of entry into force of this Agreement, eliminate the cattle age 

requirements for the importation of U.S. beef and beef products. 

3. China recognizes the U.S. beef and beef products traceability system. The U.S. 

Government, in accordance with U.S. regulations, continuously maintains measures, including 

for traceability, that meet or exceed OIE guidelines for maintaining negligible risk status for the 

bovine disease addressed in Chapter 11.4 of the 2018 OIE Terrestrial Animal Health Code. 

Provided the United States maintains its OIE negligible risk classification for that disease, China 

shall not impose new import restrictions or requirements related to that disease on imports of 

U.S. beef. Should the United States’ negligible risk status change, China shall administer the 

regulations for imports of U.S. beef in accordance with the 2018 OIE Terrestrial Animal Health 

Code, Chapter 11.4, Article 11.4.11 or any successor provisions.

4. Aiming to better meet Chinese consumers’ ever-growing needs for meat, within one 

month of the date of entry into force of this Agreement, China shall permit the importation into 

China of those beef and beef products, except for those listed in Appendix I (Beef, Pork, and 

Poultry Products Considered Not Eligible for Import into China), inspected by the USDA’s Food 

Safety and Inspection Service (FSIS) in an FSIS-approved facility. 

5. Within one month of the date of entry into force of this Agreement, China shall adopt 

maximum residue limits (MRLs) for zeranol, trenbolone acetate, and melangesterol acetate for 

imported beef. For beef tissues for which Codex has established MRLs for these hormones, 

China shall adopt the Codex MRLs. For beef tissues for which Codex has not established MRLs 

for these hormones, China shall adopt its MRLs by following Codex standards and guidelines 

and referring to MRLs established by other countries that have performed science-based risk 

assessments.
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Annex 5. Live Breeding Cattle 

1. Based on the request and information provided by the United States on February 13, 

2019, and on March 6, 2019, the Parties shall, within one month of the date of entry into force of

this Agreement, commence technical discussions on the preparation of a U.S. export health 

certificate and a protocol for the importation into China of U.S. breeding cattle, with a view to 

realizing trade as soon as possible. 

Annex 6. Pork

1. The Parties intend to promote cooperative activities within the Global African Swine 

Fever Research Alliance (GARA) to share publicly-available scientific knowledge and 

information to contribute to the progressive control and eradication of African swine fever 

(ASF).

2. Aiming to better meet Chinese consumers’ ever growing needs for meat, within 10 

working days of the date of entry into force of this Agreement China shall permit the importation 

into China of those pork and pork products inspected by the FSIS in an FSIS-approved facility. 

Annex 7. Meat, Poultry and Processed Meat

1. Upon entry into force of this Agreement, China shall recognize FSIS oversight of U.S. 

meat, poultry meat, and processed meat and poultry meat facilities for purposes of allowing 

imports of U.S. meat, poultry meat, and processed meat and poultry meat.

2. Upon entry into force of this Agreement, China shall accept meat, poultry meat, and 

processed meat and poultry meat, except for those products listed in Appendix I (Beef, Pork, and 

Poultry Products Considered Not Eligible for Import into China), inspected by the FSIS in an 

FSIS-approved facility and accompanied by a FSIS Export Certificate of Wholesomeness (FSIS 

9060-5/FSIS 9295-1). 

3. Each time the United States provides China with an updated and complete list of FSISapproved facilities, China shall, within 20 working days of receipt, publish the list on the GACC 

website and allow the importation into China of products from all facilities on the list. 

4. China continues to have the right to audit the U.S. meat and poultry food safety 

regulatory system, including a representative sample of U.S. meat and poultry facilities, in 

coordination with the FSIS. Such auditing shall be risk-based. China also continues to have the 

right to conduct inspections of a risk-based selection of shipments of U.S. meat and poultry 
3-11

products at the port of entry. If China determines, based on scientific inspection, that a particular 

shipment of U.S. meat or poultry products is in violation of applicable food safety import 

requirements, China may refuse importation of that shipment. If China determines that there is a 

significant, sustained or recurring pattern of non-conformity with an applicable food safety 

measure by a particular facility, China may refuse to accept shipments from that facility until the 

problem is resolved. China shall notify the FSIS of such non-conformity. The Parties shall 

exchange information on their meat and poultry food safety regulatory systems and other publichealth matters.

5. In consultation with U.S. experts, China shall conduct a risk assessment for ractopamine 

in cattle and swine as soon as possible without undue delay, and in a manner consistent both with 

Codex and FAO/World Health Organization (WHO) Joint Expert Committee on Food Additives 

(JECFA) risk assessment guidance and with the risk assessment for ractopamine previously 

conducted by the FAO/WHO JECFA. The risk assessment shall be based on verifiable data and 

the approved conditions of ractopamine use in the United States. China and the United States 

shall establish a joint working group to discuss the steps to be taken based on the results of the 

risk assessment.

Annex 8. Electronic Meat and Poultry Information System

1. Aiming to streamline trade and deepen cooperation between the United States and China 

with respect to certification, the GACC shall work with the USDA to finalize the technical 

requirements for, and to implement, an electronic and automated system for China to access 

FSIS export certificates accompanying U.S. exports to China of meat, poultry, and meat and 

poultry products. 

2. Provided the United States has implemented the system, and demonstrates the reliability 

and safety of the system, China shall also implement the system by February 2020. China shall 

accept via the system all information, including FSIS certificates, necessary to allow shipments 

of U.S. meat, poultry, and meat and poultry products into China and shall provide relevant 

certificate information in a timely manner to the Chinese port customs officials.

3. The USDA has a directive permitting replacement certificates in certain instances when 

appropriate. The GACC shall accept replacement certificates, provided that the FSIS ensures 

that replacement certificates are clearly identifiable. China shall accept replacement certificates 

issued by the USDA for situations that include the following:

(a) the original certificate did not contain required information; 

(b) the original certificate contained typographical errors;
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(c) the importer, exporter, consignee, or consignor changed, but is within the same 

country that appears on the original certificate; 

(d) the certificate is lost or damaged; or

(e) the port of entry changed.

Annex 9. Aquatic Products

1. As soon as practicable following the entry into force of this Agreement, the GACC and 

the FDA shall resume bilateral meetings of the U.S.-China Technical Working Group on 

Seafood. The Technical Working Group shall identify steps China can take to provide evidence 

for FDA to assess whether China has controls that would ensure that Chinese aquatic products 

exported to the United States meet U.S. requirements. The United States confirms that if a 

Chinese aquatic product producer or exporter submits sufficient evidence to the FDA and the 

FDA determines that the firm and product should be excluded from Import Alert 16-131, the 

Chinese aquatic product producer or exporter shall be added to the Green List for Import Alert 

16-131.

2. Aiming to better meet Chinese consumers’ ever-growing needs for aquatic products, as 

soon as practicable following the entry into force of this Agreement, the GACC and the U.S. 

National Oceanic and Atmospheric Administration (NOAA) shall meet to discuss the process for 

approving the importation into China of the aquatic species that are sold in U.S. interstate 

commerce but that are not authorized for sale in China. If the NOAA submits sufficient 

evidence to the GACC concerning one of these aquatic species, the GACC shall determine 

whether the species is safe to consume and will be allowed to be imported into China.

3. Within 20 working days of the date of entry into force of this Agreement, China shall 

allow imports into China from those:

(a) aquatic products facilities considered to be in good regulatory standing by the

FDA and also registered by the GACC, when the shipment is accompanied by the 

bilaterally–agreed certificate issued by the NOAA; and

(b) fish meal processing facilities considered to be in good regulatory standing by the 

NOAA and also registered by the GACC, when the shipment is accompanied by 

the bilaterally-agreed certificate issued by the NOAA. 
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4. China shall: 

(a) each time the United States provides China with an updated and complete list of 

aquatic products facilities under the jurisdiction of the FDA, within 20 working 

days of receipt of the list, register the facilities, publish the list of the facilities on 

the GACC website, and allow U.S. aquatic product imports into China from those 

facilities; and

(b) each time the United States provides China with an updated and complete list of 

fish meal processing facilities under the jurisdiction of the NOAA, within 20 

working days of receipt of the list, register the facilities, publish the list of the 

facilities on the GACC website, and allow U.S. fish meal imports into China from 

those facilities. 

5. China continues to have the right to audit the U.S. aquatic products food safety regulatory 

system, including a representative sample of U.S. aquatic product facilities, in coordination with 

the FDA. Such auditing shall be risk-based. China also continues to have the right to conduct 

inspections of a risk-based selection of shipments of U.S. aquatic products at the port of entry. If 

China determines that a particular shipment of U.S. aquatic products is in violation of applicable 

food safety import requirements, China may refuse importation of that shipment. If China 

determines that there is a significant, sustained or recurring pattern of non-conformity with an 

applicable food safety measure by a particular facility, China may refuse to accept shipments

from that facility until the problem is resolved. China shall notify the FDA of such nonconformity. The Parties shall exchange information on their aquatic products food safety 

regulatory systems and other public-health matters concerning aquatic products.

Annex 10. Rice

1. Each time the United States provides China with a list of rice facilities approved by the 

APHIS as compliant with the Phytosanitary Protocol on the Import of Rice from the United 

States to China, within 20 working days of receipt of the list, China shall register the facilities, 

publish the list of facilities, and allow the importation of U.S. rice from each of the APHISapproved rice facilities. China continues to have the right to conduct on-site phytosanitary audits 

of registered rice facilities.

Annex 11. Plant Health 

1. Within one month of the date of entry into force of this Agreement, the Parties shall start 

technical consultations in order to sign, as soon as possible, a phytosanitary protocol on Chinese 
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Bonsai in growing mediums for export to the United States excluding orchids, with a view to 

realizing trade as soon as possible. 

2. Within 45 days of the date of entry into force of this Agreement, USDA/APHIS shall 

complete its regulatory notice process for imports of Chinese fragrant pear.

3. Within two months of the date of entry into force of this Agreement, USDA/APHIS shall 

complete its regulatory notice process for imports of Chinese citrus.

4. Within one month of the date of entry into force of this Agreement, USDA/APHIS shall 

complete its regulatory notice process for imports of Chinese Jujube.

5. Within seven working days of the date of entry into force of this Agreement,

USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the 

importation of U.S. fresh potatoes for processing into China.

6. Within one month of the date of entry into force of this Agreement, USDA/APHIS and 

the GACC shall sign and implement a phytosanitary protocol to allow the importation of 

California nectarines into China.

7. Within three months of the date of entry into force of this Agreement, USDA/APHIS and 

the GACC shall sign and implement a phytosanitary protocol to allow the importation of U.S. 

blueberries into China. 

8. Within three months of the date of entry into force of this Agreement, USDA/APHIS and 

the GACC shall sign and implement a phytosanitary protocol to allow the importation of 

California Hass avocadoes into China.

9. Within three months of the date of entry into force of this Agreement, USDA/APHIS and 

the GACC shall sign and implement a phytosanitary protocol to allow the importation of U.S. 

barley into China. The GACC, in coordination with USDA/APHIS, may conduct an on-site visit 

of U.S. barley production. 

10. Within one month of the date of entry into force of this Agreement, the GACC shall 

meet with USDA/APHIS and conduct an on-site visit of U.S. production of U.S. alfalfa hay 

pellets and cubes, U.S. almond meal pellets and cubes, and U.S. timothy hay. Within three 

months of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall 

sign and implement a phytosanitary protocol to allow importation into China of these products.
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11. The Parties confirm they shall not require a phytosanitary certificate for the importation 

from the other Party of frozen fruits and vegetables.

12. The Parties shall continue technical consultations concerning facilitation of trade in grain 

and oilseed products.

Annex 12. Feed Additives, Premixes, Compound Feed, Distillers’ Dried Grains, and 

Distillers’ Dried Grains with Solubles

1. To streamline procedures, improve efficiencies, and advance trade facilitation, and to 

better meet demand for feed to promote the development of animal husbandry, China shall:

(a) not require an on-site audit or inspection as a condition for registering facilities or 

for approving the importation into China of feed additives, premixes, compound 

feed products, Distillers’ Dried Grains (DDG), and Distillers’ Dried Grains with 

Solubles (DDGS);

(b) not require an export protocol as a condition for permitting the importation into 

China of feed additives, premixes, compound feed products, DDG, and DDGS; 

and 

(c) ensure that its requirements for imports of feed additives, premixes, compound 

feed products, DDG, and DDGS from the United States are consistent with 

international standards and guidelines.

2. Each time that the United States provides China with an updated and complete list of 

U.S. feed additive, premix, compound feed product, DDG, and DDGS facilities, China shall, 

within 20 working days of receiving the information, register the facilities, publish the list on the 

GACC website, and allow imports of feed additives, premixes, compound feed products, DDG, 

and DDGS from U.S. facilities appearing on the list on the GACC website.

3. China shall:

(a) (i) within three months of receiving an application from a U.S. DDG or 

DDGS manufacturer for the approval of the importation into China of one 

of its products, complete the review of that application; and 

(ii) within 20 working days of completing the review of that application, issue 

a license allowing importation of the product into China; and 
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(b) within 20 working days of receiving an application from a U.S. DDG or DDGS 

manufacturer that holds or has held a license permitting importation into China of 

one of its products, but whose license:

(i) expired on or after January 1, 2017, or

(ii) is scheduled to expire after that date,

issue a license to that manufacturer allowing imports of the product into China.

4. China shall:

(a) within nine months of receiving an application for the approval of the importation 

into China of a new feed additive, premix, or compound feed product, complete 

its review of that application and add the product onto China’s List of Feed and 

Feed Additives; 

(b) within three months of receiving a new application for the approval of the 

importation into China of a feed additive, premix, or compound feed product, 

complete its review of that application and issue a license allowing importation of 

the product; and

(c) within 20 working days of receiving an application for renewal for a feed

additive, premix, or compound feed product license, issue a renewed license 

allowing importation of the product.

5. China continues to have the right to audit the U.S. feed additive, premix, compound feed, 

DDG, and DDGS feed safety regulatory system, including a representative sample of U.S. feed 

additive, premix, compound feed, DDG, and DDGS feed facilities, in coordination with the 

relevant U.S. competent authority. Such auditing shall be risk-based. China also continues to 

have the right to conduct inspections of a risk-based selection of shipments of U.S. feed additive, 

premix, compound feed, DDG, and DDGS feed products at the port of entry. If China 

determines, based on scientific inspection, that a particular shipment of U.S. feed additives, 

premix, compound feed, DDG, and DDGS feed is in violation of applicable feed safety import 

requirements, China may refuse importation of that shipment. If China determines that there is a 

significant, sustained or recurring pattern of non-conformity with an applicable feed safety 

measure by a particular facility, China may refuse to accept shipments from that facility until the 

problem is resolved. China shall notify the relevant U.S. competent authority of such nonconformity. The Parties shall exchange information on their feed additive, premix, compound 

feed, DDG, and DDGS feed safety regulatory systems.
3-17

Annex 13. Pet Food and Non-ruminant Derived Animal Feed

1. China shall:

(a) within one month of the date of entry into force of this Agreement:

(i) lift its ban on U.S. pet food containing ruminant ingredients in accordance 

with Annex 4.2 (Beef); and

(ii) eliminate the use of Polymerase Chain Reaction (PCR) testing on all U.S. 

pet food products containing ruminant ingredients, and limit PCR testing 

of U.S. pet food products not containing ruminant ingredients to a riskbased selection of shipments;

(b) upon entry into force of this Agreement, allow the importation of U.S. pet foods 

containing poultry products;

(c) not require completion or submission of any facility questionnaire for registration 

purposes, except that China may request completion of a facility questionnaire 

with respect to a facility that China is auditing; and 

(d) allow the importation of pet foods with animal-origin ingredients from a 3rd

country as long as the ingredients are legally imported into the United States, 

meet U.S. domestic requirements for inclusion in pet food, and are traceable to the 

country of origin.

2. Upon entry into force of this Agreement, the Parties shall engage in technical discussions 

to discuss the importation of U.S. pet food into China. Within two months of the date of entry 

into force of this Agreement, the Parties shall sign a protocol on U.S. pet food imports into 

China. Before a new protocol is signed, China shall continue to allow imports of U.S. pet food 

as detailed in the Protocol on the Veterinary Health Requirements for Non-Ruminant Derived 

Animal Feed and Tallow to be Imported from the United States of America to the People’s 

Republic of China, dated November 18, 2004.

3. China has completed its review of 24 new U.S. pet food and animal feed facilities and 

shall, within five working days of the date of entry into force of this Agreement, include those 

facilities on the list of facilities allowed to export to China pet food or non-ruminant derived 

animal feed.
3-18

4. The United States shall, on a monthly basis, provide to China any updates to the list of 

U.S. pet food and non-ruminant derived animal feed facilities that the United States has 

determined to be eligible to export pet food or non-ruminant derived animal feed to China. Upon 

receipt of each update to the list, China shall, within 20 working days, register the facilities, 

publish the updates to the list of facilities on the GACC website, and allow imports of pet food 

and non-ruminant derived animal feed from U.S. facilities on the list on the GACC website.

5. China continues to have the right to audit the U.S. pet food and non-ruminant derived 

animal feed safety regulatory system, including a representative sample of U.S. pet food and 

non-ruminant derived animal feed facilities, in coordination with the relevant U.S. competent 

authority. Such auditing shall be risk-based. China also continues to have the right to conduct 

inspections of a risk-based selection of shipments of U.S. pet food and non-ruminant derived 

animal feed at the port of entry. If China determines, based on scientific inspection, that a 

particular shipment of U.S pet food and non-ruminant derived animal feed is in violation of 

applicable pet food and non-ruminant derived animal feed safety import requirements, China 

may refuse importation of that shipment. If China determines that there is a significant, 

sustained or recurring pattern of non-conformity with an applicable feed safety measure by a 

particular facility, China may refuse to accept shipments from that facility until the problem is 

resolved. China shall notify the relevant U.S. competent authority of such non-conformity. The 

Parties shall exchange information on their pet food and non-ruminant derived animal feed safety 

regulatory systems.

Annex 14. Tariff Rate Quotas

1. China shall ensure that, from December 31, 2019, its TRQ measures for wheat, rice, and 

corn are in conformity with the Panel Report in China-Tariff Rate Quotas for Certain 

Agricultural Products and the WTO agreements, including China’s commitments under the 

Protocol on the Accession of the People’s Republic of China to the WTO and China’s Schedule 

CLII, Part I, Section 1(B).

2. The entirety of China’s TRQs for wheat, rice, and corn (WRC TRQs) for each year shall 

be allocated by January 1 of that year to end-users. China shall ensure that it does not inhibit the 

filling of its WRC TRQs.

3. China’s requirements for WRC TRQ eligibility, allocation, return, reallocation, and 

penalties shall not discriminate between State Trading Enterprises (STEs) and non-STEs and 

shall apply equally to the STE share of the WRC TRQ and the non-STE share of the WRC 

TRQ. For the purposes of China’s WRC TRQ administration measures, “end-users” and 

“enterprises” include STEs when allocated a WRC TRQ. 
3-19

4. China shall reallocate all unused and returned WRC TRQ amounts, including all unused 

and returned amounts allocated to STEs or designated as part of the “STE share,” by October 1

of each year. Only new applicants and entities other than those returning unused quotas shall be 

eligible to receive reallocated WRC TRQ amounts.

5. China shall make all WRC TRQ allocations in commercially viable shipping amounts. 

6. China shall clearly specify and publish all eligibility criteria for its WRC TRQs and all 

allocation principles for its WRC TRQ administration, and the allocation principles shall be 

relevant to the importation, processing, or sale of the commodity subject to the WRC TRQ. 

China shall ensure that a sufficient number of STE and non-STE entities, including new quota 

applicants, are eligible to receive WRC TRQ allocations, and that the full utilization of its WRC 

TRQs is not inhibited.

7. Consistent with China’s WTO obligations, at the request of the United States, China shall 

provide the relevant WRC TRQ allocation and reallocation information requested.

8. Each Party shall make available on a public website existing laws, regulations, and 

announcements on its administration of WRC TRQs, if any, and publish any change to them in a 

timely manner. Upon request of a Party, the Parties shall hold consultations on TRQ 

administration pursuant to the Bilateral Evaluation and Dispute Resolution Chapter.

Annex 15. Domestic Support

1. China shall respect its WTO obligations to publish in an official journal its laws, 

regulations, and other measures pertaining to its domestic support programs and policies. 

2. For greater certainty, nothing in this Agreement limits the rights of the United States 

under the WTO Dispute Settlement Understanding against China with respect to China’s 

domestic support measures.

Annex 16. Agricultural Biotechnology

1. To help realize the benefits of agricultural biotechnology for sustainable agriculture, the 

Parties agree to carry out exchanges on agricultural biotechnology, and intend to take steps to 

enhance engagement with the public concerning agricultural biotechnology and public awareness 

of scientific information relevant to agricultural biotechnology, with the aim of building public 

confidence in, and acceptance of, the use of safe biotechnology in agriculture and the food 

system. 
3-20

2. China shall implement a transparent, predictable, efficient, science- and risk-based 

regulatory process for safety evaluation and authorization of products of agricultural 

biotechnology. For agricultural biotechnology products for feed or further processing, China 

shall significantly reduce, to no more than 24 months, the average amount of time between: 

(a) the submission of a formal application for authorization of such a product; and

(b) the final decision on approval or disapproval of the product. 

China shall base its safety evaluation procedures on the relevant international standards and 

recommendations of Codex and the International Plant Protection Convention. China shall base 

any safety evaluation that it conducts on scientific data and information obtained using 

appropriate methods and analyzed using appropriate statistical techniques. 

3. The Parties shall strengthen communication on biotechnology regulation, in order to 

increase mutual understanding and to facilitate trade in products of agricultural biotechnology.

4. China shall:

(a) within five working days of receipt of the product dossier submitted in support of 

a formal application for approval of a product of agricultural biotechnology, prescreen for completeness, by means of comparison against the requirements on the 

application form, the dossier and inform the applicant of any deficiencies in the 

sufficiency of information in the dossier;

(b) accept complaints from applicants concerning the operation of the approval 

procedure for agricultural biotechnology products to be used for purposes of food, 

feed, and processing, and take corrective action upon receipt of a justified 

complaint; 

(c) when additional information from an applicant is necessary for the National 

Biosafety Committee (NBC) to finalize a safety evaluation, within 20 working 

days of the NBC meeting at which the NBC ascertained its need for the additional 

information, request all such information in writing and provide a written 

explanation to the applicant of how the requested information would be relevant 

to the safety of the product’s intended use; 

(d) when additional information has been submitted to the NBC by an applicant, 

ensure that the NBC meets as soon as possible and as often as necessary thereafter 

in order to finalize the NBC’s review of the application; and
3-21

(e) convene at least two NBC meetings per year and increase, depending on the 

number of applications, the frequency of NBC meetings as much as necessary. 

5. China shall establish an authorization period of at least five years for any agricultural 

biotechnology product.

6. China shall, within 12 months of the date of entry into force of this Agreement, establish 

and make public a simplified, predictable, science- and risk-based, and efficient safetyassessment procedure for approval of food ingredients derived from genetically modified 

microorganisms. 

7. China shall:

(a) accept applications for agricultural biotechnology product approvals on an ongoing, year-round basis; 

(b) if prior to receipt by China of a formal application for approval of an agricultural 

biotechnology product but following the submission of the dossier for the product 

to U.S. authorities, the dossier for the product is submitted to China, pre-screen 

the dossier within five working days of receipt for completeness against the 

Chinese requirements that will apply following the submission of a formal 

application for approval of the product in China;

(c) upon receipt of a formal application, begin review of any application for approval 

of an agricultural biotechnology product;

(d) not request information unnecessary for assessing the safety of a product for its 

intended use; and

(e) for any product that passes China’s safety evaluation, make the administrative 

decision of approval and issue a biosafety certificate within 20 working days of 

conclusion of the NBC meeting.

8. In the event of an occurrence of low-level presence (LLP) affecting a U.S. shipment 

exported to China, China shall:

(a) without undue delay, inform the importer or the importer’s agent of the LLP 

occurrence and of any additional pertinent information that will be required to be 
3-22

submitted to assist China to make a decision on the management of the LLP 

occurrence;

(b) provide to the United States a summary of any risk or safety assessment that 

China has conducted in connection with the LLP occurrence; 

(c) ensure that the LLP occurrence is managed without unnecessary delay; and

(d) take into account any relevant risk or safety assessment provided, and 

authorization granted, by the United States or any foreign country when deciding 

how to manage the LLP occurrence.

9. China shall evaluate inadvertent or technically unavoidable LLP occurrences on a caseby-case basis to minimize trade disruptions.

10. The Parties agree to organize experts to conduct further studies on the issue of LLP and 

to collaborate internationally on practical approaches to addressing LLP.

Annex 17. Food Safety

1. The Parties shall not implement food safety regulations, or require actions of the other 

Party’s regulatory authorities, that are not science- or risk-based and shall only apply such 

regulations and require such actions to the extent necessary to protect human life or health.
3-23

Appendix I: Beef, Pork, and Poultry Products Considered Not Eligible for Import into 

China

U.S. statutes and regulations require the condemnation of meat and poultry carcasses, 

parts thereof, and products, found to be diseased, adulterated or otherwise unfit at the time of 

slaughter, or during any subsequent inspection. The FSIS does not allow meat or poultry 

products that are determined to be unqualified, or that are contaminated—for example, with 

feces, foreign material, or cerebral fluid from cattle—to enter commerce. Animals that display 

systemic signs of disease or pathologies are condemned. FSIS Public Health Veterinarians 

certify on the FSIS certificate that the meat or poultry products are from animals that received 

both antemortem and postmortem inspection and were found sound and healthy. In addition, the 

product has been inspected and passed as provided by law and regulations of the USDA, and is 

wholesome, and suitable for human consumption

The following is a list of products that are not eligible for importation into China, 

including when incorporated into further-processed products: 

(a) beef and pork: thyroid glands, adrenal glands, uropygial glands, tonsils, major 

lymph nodes exposed during slaughter and cutting, laryngeal muscle tissue, lungs, 

pancreas, spleen, gallbladder, uterus, hair, hoofs, and lactating mammary glands; 

(b) horns from cattle; 

(c) mechanically separated beef and distal ileum from cattle of any age; 

(d) brain, skull, eyes, trigeminal ganglia, spinal cord, dorsal root ganglia, and 

vertebral column (excluding the vertebrae of the tail, the transverse processes of 

the thoracic and lumbar vertebrae, and the wings of the sacrum), from cattle 30 

months of age and older; and

(e) feathers, heads, intestines, and tails of poultry.
4-1

CHAPTER 4

FINANCIAL SERVICES

Article 4.1: Objectives

The Parties believe that they have a significant opportunity for cooperation and mutual 

benefit in bilateral services trade. Each Party requests that the other Party ensure fair, effective, 

and non-discriminatory participation in its market for services and services suppliers of the other 

Party. The Parties shall work constructively to provide fair, effective, and non-discriminatory 

market access for each other’s services and services suppliers. To that end, the Parties shall take

specific actions beginning with the actions set forth in this Chapter with respect to the financial 

services sector.

Article 4.2: Banking Services

1. The Parties acknowledge the importance of mutually beneficial cooperation to enhance 

market access and strengthen the Parties’ respective banking services sectors.

2. China commits that when a qualified subsidiary of a U.S. financial institution provides or 

seeks to provide securities investment fund custody services, its parent company’s overseas 

assets shall be taken into consideration in order to fulfill applicable asset requirements. Within

five months after the date of entry into force of this Agreement, China shall allow branches of 

U.S. financial institutions to provide securities investment fund custody services, and the parent 

company’s overseas assets shall be taken into consideration in order to fulfill applicable asset 

requirements. China shall review and approve qualified applications by U.S. financial 

institutions for securities investment fund custody licenses on an expeditious basis.

3. China affirms that U.S. financial institutions applying to serve as Type-A lead 

underwriters for all types of non-financial debt instruments shall be evaluated and granted 

licenses based on the revised formula for granting lead underwriting licenses for non-financial 

enterprise debt instruments, which takes into account U.S. financial institutions’ international 

qualifications in order to fulfill applicable requirements for the entity seeking the license in 

China. 

4. The United States acknowledges current pending requests by Chinese institutions, 

including by CITIC Group, and affirms that such requests will be considered expeditiously.
4-2

Article 4.3: Credit Rating Services

1. China affirms that a wholly U.S.-owned credit rating services supplier has been allowed 

to rate domestic bonds sold to domestic and international investors, including for the interbank 

market. China commits that it shall continue to allow U.S. service suppliers, including wholly 

U.S.-owned credit rating services suppliers, to rate all types of domestic bonds sold to domestic 

and international investors. Within three months after the date of entry into force of this 

Agreement, China shall review and approve any pending license applications of U.S. service 

suppliers to provide credit rating services.

2. Each Party shall allow a supplier of credit rating services of the other Party to acquire a 

majority ownership stake in the supplier’s existing joint venture.

3. The United States affirms that it accords non-discriminatory treatment to Chinese credit 

rating services suppliers.

Article 4.4: Electronic Payment Services

1. China shall accept any applications from a U.S. electronic payment services supplier, 

including an application of a supplier seeking to operate as a wholly foreign-owned entity, to 

begin preparatory work to become a bank card clearing institution within five working days of 

submission, and may make a one-time request within those five working days for any corrections 

or supplementary information. If such a request is made, China shall accept the application 

within five working days after the applicant has responded to that request. China shall make a 

determination with respect to the application, including an explanation of any adverse 

determination, within 90 working days of its acceptance.

2. No later than one month after a U.S. service supplier notifies China that it has completed 

its preparatory work, China shall accept the license application of such U.S. supplier, including 

any license application of Mastercard, Visa, or American Express, and shall make a 

determination with respect to the application, including an explanation of any adverse 

determination. 

3. The United States affirms it accords non-discriminatory treatment to Chinese electronic 

payment service suppliers, including UnionPay.
4-3

Article 4.5: Financial Asset Management (Distressed Debt) Services

1. The Parties acknowledge the mutual beneficial opportunities in the distressed debt

services sector and will work together to promote further opportunities in this sector.

2. China shall allow U.S. financial services suppliers to apply for asset management 

company licenses that would permit them to acquire non-performing loans directly from Chinese 

banks, beginning with provincial licenses. When additional national licenses are granted, China 

shall treat U.S. financial services suppliers on a non-discriminatory basis with Chinese suppliers, 

including with respect to the granting of such licenses. 

3. The United States will continue to allow Chinese financial services suppliers to engage in 

acquisition and resolution of non-performing loans in the United States.

Article 4.6: Insurance Services

1. No later than April 1, 2020, China shall remove the foreign equity cap in the life, 

pension, and health insurance sectors and allow wholly U.S.-owned insurance companies to 

participate in these sectors. China affirms that there are no restrictions on the ability of U.S.-

owned insurance companies established in China to wholly own insurance asset management 

companies in China. 

2. No later than April 1, 2020, China shall remove any business scope limitations, 

discriminatory regulatory processes and requirements, and overly burdensome licensing and 

operating requirements for all insurance sectors (including insurance intermediation), and shall 

thereafter review and approve expeditiously any application by U.S. financial services suppliers 

for licenses to supply insurance services. In accordance with this commitment, China affirms

that it has eliminated the requirement of thirty-years of insurance business operations for 

establishment of new foreign insurance companies. 

3. The United States acknowledges current pending requests by Chinese institutions, 

including by China Reinsurance Group, and affirms that such requests will be considered 

expeditiously.

Article 4.7: Securities, Fund Management, Futures Services

1. Each Party shall, on a non-discriminatory basis, review and approve a qualified 

application of a financial institution of the other Party for a securities, fund management, or 

futures license. The Parties affirm that licensed financial institutions of the other Party are 
4-4

entitled to supply the same full scope of services in these sectors as licensed financial institutions 

of the Party. 

2. No later than April 1, 2020, China shall eliminate foreign equity limits and allow wholly 

U.S.-owned services suppliers to participate in the securities, fund management, and futures

sectors. 

3. China affirms that it substantially reduced the high net asset value requirement on 

majority shareholders of securities services suppliers on July 5, 2019. 

4. China affirms that existing U.S.-invested securities joint ventures are allowed to retain

their existing licenses when they become U.S.-controlled, U.S. majority-owned, or wholly U.S.-

owned securities companies. 

5. The Parties shall ensure there are no discriminatory restrictions for private fund managers 

of the other Party. China shall ensure that there is no prohibition on U.S.-owned private fund 

managers investing in H shares (i.e., shares of mainland Chinese companies listed on the Hong 

Kong stock exchange) and that qualified U.S.-owned private fund managers may be approved to 

provide investment advisory services on a case-by-case basis. 

6. The Parties affirm that there are no discriminatory restrictions for institutions of the other 

Party in futures products, including by allowing the institutions of the other Party to invest in the 

full scope of futures products in which domestic institutions can invest (including financial, 

interest-rate, and exchange-rate futures). 

7. The United States acknowledges current pending requests by Chinese institutions, 

including by China International Capital Corporation, and affirms that such requests will be 

considered expeditiously.
5-1

CHAPTER 5

MACROECONOMIC POLICIES AND EXCHANGE RATE MATTERS

AND TRANSPARENCY

Article 5.1: General Provisions 

1. Each Party shall respect the other Party’s autonomy in monetary policy, in accordance 

with its domestic law. 

2. The Parties recognize that strong fundamentals, sound policies, and a resilient 

international monetary system are essential to the stability of exchange rates, contributing to 

strong and sustainable growth and investment. Flexible exchange rates, where feasible, can 

serve as a shock absorber. 

3. The Parties share the objective of pursuing policies that strengthen underlying economic 

fundamentals, foster growth and transparency, and avoid unsustainable external imbalances. 

4. The Parties shall honor currency-related commitments each has undertaken in G20 

communiqués, including to refrain from competitive devaluations and the targeting of exchange 

rates for competitive purposes. 

Article 5.2: Exchange Rate Practices 

1. Each Party confirms that it is bound under the International Monetary Fund (IMF) 

Articles of Agreement to avoid manipulating exchange rates or the international monetary 

system in order to prevent effective balance of payments adjustment or to gain an unfair 

competitive advantage. 

2. Each Party should:

(a) achieve and maintain a market-determined exchange rate regime; and

(b) strengthen underlying economic fundamentals, which reinforces the conditions 

for macroeconomic and exchange rate stability. 
5-2

3. The Parties shall refrain from competitive devaluations and not target exchange rates for 

competitive purposes, including through large-scale, persistent, one-sided intervention in 

exchange markets. 

4. The Parties will communicate regularly and consult on foreign exchange markets, 

activities, and policies. The Parties will consult with each other regarding the IMF’s assessment 

of the exchange rate of each Party. 

Article 5.3: Transparency

1. The Parties affirm that they shall continue to disclose publicly within the prescribed 

timeframes below:

(a) monthly foreign exchange reserves data and forward positions according to the 

IMF’s Data Template on International Reserves and Foreign Currency Liquidity, 

no later than 30 days after the end of each month;

(b) quarterly balance of payments for the sub-components of the financial account, 

including direct investment, portfolio investment, and other investment (loans and 

receivables), no later than 90 days after the end of each quarter; and 

(c) quarterly exports and imports of goods and services, no later than 90 days after 

the end of each quarter.

2. The Parties reaffirm and shall continue to consent to the public disclosure by the IMF of:

(a) each IMF Article IV Staff Report on the country of the Party, including the 

exchange rate assessment, within four weeks of the IMF Executive Board 

discussion; and

(b) confirmation of the Party’s participation in the IMF COFER database.

3. If the IMF does not disclose publicly any items listed in paragraph 2 with respect to a 

Party, that Party shall request that the IMF disclose publicly those items.

Article 5.4: Enforcement Mechanism 

1. Issues related to exchange rate policy or transparency shall be referred by either the U.S. 

Secretary of the Treasury or the Governor of the People’s Bank of China to the Bilateral 

Evaluation and Dispute Resolution Arrangement established in Chapter 7 (Bilateral Evaluation 
5-3

and Dispute Resolution). 

2. If there is failure to arrive at a mutually satisfactory resolution under the Bilateral 

Evaluation and Dispute Resolution Arrangement, the U.S. Secretary of the Treasury or the 

Governor of the People’s Bank of China may also request that the IMF, consistent with its 

mandate: 

(a) undertake rigorous surveillance of the macroeconomic and exchange rate policies 

and data transparency and reporting policies of the requested Party; or

(b) initiate formal consultations and provide input, as appropriate. 
6-1

CHAPTER 6

EXPANDING TRADE

Article 6.1: Objectives

1. The Parties acknowledge that trade and economic structural changes resulting from this 

Agreement and from other actions being taken by China to open up its economy and improve its 

trade regime should lead to improved trade flows, including significant increases in exports of 

goods and services to China by the United States and other countries. 

2. The Parties believe that expanding trade is conducive to the improvement of their bilateral 

trade relationship, the optimal allocation of resources, economic restructuring, and sustainable 

economic development, given the high degree of complementarity in trade between them. 

3. The Parties recognize that the United States produces and can supply high-quality, 

competitively priced goods and services, while China needs to increase the importation of quality 

and affordable goods and services to satisfy the increasing demand from Chinese consumers. 

4. The Parties accordingly seek to work constructively and cooperatively toward an improved 

bilateral trade relationship and to explore appropriate steps to facilitate increased trade.

Article 6.2: Trade Opportunities

1. During the two-year period from January 1, 2020 through December 31, 2021, China shall 

ensure that purchases and imports into China from the United States of the manufactured goods, 

agricultural goods, energy products, and services identified in Annex 6.1 exceed the corresponding 

2017 baseline amount by no less than $200 billion. Specifically, China shall ensure that: 

(a) For the category of manufactured goods identified in Annex 6.1, no less than $32.9 

billion above the corresponding 2017 baseline amount is purchased and imported 

into China from the United States in calendar year 2020, and no less than $44.8 

billion above the corresponding 2017 baseline amount is purchased and imported 

into China from the United States in calendar year 2021; 

(b) For the category of agricultural goods identified in Annex 6.1, no less than $12.5 

billion above the corresponding 2017 baseline amount is purchased and imported 

into China from the United States in calendar year 2020, and no less than $19.5 

billion above the corresponding 2017 baseline amount is purchased and imported 

into China from the United States in calendar year 2021; 

(c) For the category of energy products identified in Annex 6.1, no less than $18.5 

billion above the corresponding 2017 baseline amount is purchased and imported 
6-2

into China from the United States in calendar year 2020, and no less than $33.9 

billion above the corresponding 2017 baseline amount is purchased and imported 

into China from the United States in calendar year 2021; and

(d) For the category of services identified in Annex 6.1, no less than $12.8 billion above 

the corresponding 2017 baseline amount is purchased and imported into China from

the United States in calendar year 2020, and no less than $25.1 billion above the 

corresponding 2017 baseline amount is purchased and imported into China from 

the United States in calendar year 2021.

2. The Parties shall specify the increases in purchases and imports for the subcategories listed 

in Annex 6.1 as appropriate.

3. The Parties project that the trajectory of increases in the amounts of manufactured goods, 

agricultural goods, energy products, and services purchased and imported into China from the 

United States will continue in calendar years 2022 through 2025.

4. The United States shall ensure to take appropriate steps to facilitate the availability of U.S. 

goods and services to be purchased and imported into China.

5. The Parties acknowledge that purchases will be made at market prices based on commercial 

considerations and that market conditions, particularly in the case of agricultural goods, may 

dictate the timing of purchases within any given year.

6. Official Chinese trade data and official U.S. trade data shall be used to determine whether

this Chapter has been implemented. If an analysis of the respective trade data gives rise to 

conflicting assessments of whether this Chapter has been implemented, the Parties shall engage in 

consultations. 

7. If China believes that its ability to fulfill its obligations under this Chapter is being affected 

by an action or inaction by the United States or by other circumstances arising in the United States, 

China is entitled to request consultations with the United States.


6-5

8427 Fork-lift trucks; other works trucks fitted with lifting or handling equipment

8428 Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics)

8429 Self-propelled bulldozers, angledozers, graders, levelers, scrapers, mechanical shovels, excavators, shovel loaders, 

tamping machines and road rollers

8430 

Other moving, grading, leveling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, 

minerals

or ores; pile-drivers and pile-extractors; snowplows and snowblowers

8431 Parts suitable for use solely or principally with the machinery of headings 8425 to 8430

8432 Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports ground rollers; parts 

thereof

8433 Harvesting or threshing machinery, including straw or fodder balers; grass or hay mowers; machines for cleaning, sorting 

or grading eggs, fruit or other agricultural produce, other than machinery of heading 8437; parts thereof

8434 Milking machines and dairy machinery, and parts thereof

8435 Presses, crushers and similar machinery, used in the manufacture of wine, cider, fruit juices or similar beverages; parts 

thereof

8436 Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, including germination plant fitted 

with mechanical or thermal equipment; poultry incubators and brooders; parts thereof

8437 

Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables, and parts thereof; machinery used in 

the milling industry or for the working of cereals or dried leguminous vegetables, other than farm type machinery; parts 

thereof

8438 Machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food or 

drink, other than machinery for the extraction or preparation of animal or fixed vegetable fats or oils; parts thereof

8439 Cellulose pulp, paper and board manufacturing or finishing machines

8440 Bookbinding machinery, including book-sewing machines, and parts thereof

8441 Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds, and parts thereof

8442 

Machinery, apparatus and equipment (other than the machines of headings 8456 to 8465), for preparing or making plates, 

cylinders or other printing components; plates, cylinders and other printing components; plates, cylinders and lithographic 

stones, prepared for printing purposes (for example, planed, grained or polished); parts thereof

8443 Printing machinery used for printing by means of plates, cylinders and other printing components of heading 8442; other 

printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof

8444 Machines for extruding, drawing, texturing or cutting man-made textile materials

8445 

Machines for preparing textile fibers; spinning, doubling or twisting machines and other machinery for producing textile 

yarns; textile reeling or winding (including weft winding) machines and machines for preparing textile yarns for use on the 

machines of heading 8446 or 8447

8446 Weaving machines (looms)

8447 Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, 

braid or net and machines for tufting

8448 

Auxiliary machinery for use with machines of heading 8444, 8445, 8446 or 8447 (for example, dobbies, Jacquards, 

automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with 

the machines of this heading or of heading 8444, 8445, 8446 or 8447 (for example, spindles and spindle flyers, card 

clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles)

8449 Machinery for the manufacture or finishing of felt or nonwovens in the piece or in shapes, including machinery for making 

felt hats; blocks for making hats; parts thereof

8450 Household- or laundry-type washing machines, including machines which both wash and dry; parts thereof

8451 

Machinery (other than machines of heading 8450) for washing, cleaning, wringing, drying, ironing, pressing (including 

fusing presses), bleaching, dyeing, dressing, finishing, coating or impregnating textile yarns, fabrics or made up textile 

articles and machines for applying the paste to the base fabric or other support used in the manufacture of floor coverings 

such as linoleum; machines for reeling, unreeling, folding, cutting or pinking textile fabrics; parts thereof

8452 Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for 

sewing machines; sewing machine needles; parts thereof

8453 Machinery for preparing, tanning or working hides, skins or leather or for making or repairing footwear or other articles of 

hides, skins or leather, other than sewing machines; parts thereof
6-6

8454 Converters, ladles, ingot molds and casting machines, of a kind used in metallurgy or in metal foundries, and parts thereof

8455 Metal-rolling mills and rolls therefor; parts thereof

8456 Machine tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electrodischarge, electro-chemical, electron-beam, ionic-beam or plasma arc processes; water-jet cutting machines

8457 Machining centers, unit construction machines (single station) and multistation transfer machines, for working metal

8458 Lathes (including turning centers) for removing metal

8459 Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing 

metal, other than lathes (including turning centers) of heading 8458

8460 

Machine tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal or cermets by 

means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines 

of heading 8461

8461 Machine tools for planing, shaping, slotting, broaching, gear cutting, gear grinding or gear finishing, sawing, cutting-off 

and other machine tools working by removing metal or cermets, not elsewhere specified or included

8462 

Machine tools (including presses) for working metal by forging, hammering or die-stamping; machine tools (including 

presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching; presses for 

working metal or metal carbides, not specified above

8463 Other machine tools for working metal or cermets, without removing material

8464 Machine tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass

8465 Machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, 

hard rubber, hard plastics or similar hard materials

8466 

Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or 

tool holders, self-opening dieheads, dividing heads and other special attachments for the machines; tool holders for any 

type of tool for working in the hand

8467 Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof

8468 Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 

8515; gas-operated surface tempering machines and appliances; parts thereof

8469 Typewriters other than printers of heading 8443; word processors

8470 

Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; 

accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a 

calculating device; cash registers

8471 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto 

data media in coded form and machines for processing such data, not elsewhere specified or included

8472 

Other office machines (for example, hectograph or stencil duplicating machines, addressing machines, automatic banknote 

dispensers, coin-sorting machines, coin-counting or wrapping machines, pencil-sharpening machines, perforating or 

stapling machines)

8473 Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of 

headings 8470 to 8472

8474 

Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other 

mineral substances, in solid (including powder or paste) form; machinery for agglomerating, shaping or molding solid 

mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; 

machines for forming foundry molds of sand; parts thereof

8475 Machines for assembling electric or electronic lamps, tubes or flashbulbs, in glass envelopes; machines for manufacturing 

or hot working glass or glassware; parts thereof

8476 Automatic goods-vending machines (for example, postage stamp, cigarette, food or beverage machines), including moneychanging machines; parts thereof

8477 Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or 

included elsewhere in this chapter; parts thereof

8478 Machinery for preparing or making up tobacco, not specified or included elsewhere in this chapter; parts thereof

8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts 

thereof

6-8

8515 

Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse 

or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines 

and apparatus for hot spraying of metals or cermets; parts thereof

8516 

Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating 

apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand 

dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors,

other than those of heading 8545; parts thereof

8517 

Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the 

transmission or reception of voice, images or other data,

including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than 

transmission or reception apparatus of heading 8443, 8525,8527 or 8528; parts thereof

8518 

Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, 

whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audiofrequency electric amplifiers; electric sound amplifier sets; parts thereof

8519 Sound recording or reproducing apparatus

8521 Video recording or reproducing apparatus, whether or not incorporating a video tuner

8522 Parts and accessories suitable for use solely or principally with the apparatus of heading 8519 or 8521

8523 

Discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other 

phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of 

Chapter 37 

8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound 

recording or reproducing apparatus; television cameras, digital cameras and video camera recorders

8526 Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

8527 Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or 

reproducing apparatus or a clock

8528 Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or 

not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus

8529 Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

8530 Electrical signaling, safety or traffic control equipment for railways, streetcar lines, subways, roads, inland waterways,

parking facilities, port installations or airfields (other than those of heading 8608); parts thereof

8531 Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than 

those of heading 8512 or 8530; parts thereof

8532 Electrical capacitors, fixed, variable or adjustable (pre-set); parts thereof

8533 Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof

8534 Printed circuits

8535 

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for 

example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction 

boxes), for a voltage exceeding 1,000 V

8536 

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for 

example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for 

a voltage not exceeding 1,000 V; connectors for optical fibers, optical fiber bundles or cables

8537 

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, 

for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, 

and numerical control apparatus, other than switching apparatus of heading 8517

8538 Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537

8539 Electrical filament or discharge lamps, including sealed beam lamp units and ultraviolet or infrared lamps; arc lamps; 

light-emitting diode (LED) lamps; parts thereof

8540 Thermionic, cold cathode or photocathode tubes (for example, vacuum or vapor or gas filled tubes, mercury arc rectifying 

tubes, cathode-ray tubes, television camera tubes); parts thereof

8541 

Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells 

whether or not assembled in modules or made up into panels; light-emitting diodes (LED); mounted piezoelectric crystals; 

parts thereof



6-12

2830 Sulfides; polysulfides, whether or not chemically defined

2831 Dithionites and sulfoxylates

2832 Sulfites; thiosulfates

2833 Sulfates; alums; peroxosulfates (persulfates)

2834 Nitrites; nitrates

2835 Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically 

defined

2836 Carbonates; peroxocarbonates (percarbonates); commercial ammonium carbonate containing ammonium carbamate

2837 Cyanides, cyanide oxides and complex cyanides

2839 Silicates; commercial alkali metal silicates

2840 Borates; peroxoborates (perborates)

2841 Salts of oxometallic or peroxometallic acids

2842 Other salts of inorganic acids or peroxoacids (including aluminosilicates whether or not chemically defined), other than 

azides

2843 Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; 

amalgams of precious metals

2844 Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) 

and their compounds; mixtures and residues containing these products

2845 Isotopes other than those of heading 2844; compounds, inorganic or organic, of such isotopes, whether or not chemically 

defined

2846 Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium, or of mixtures of these metals

2847 Hydrogen peroxide, whether or not solidified with urea

2848 Phosphides, whether or not chemically defined, does not include ferrophosphorus

2849 Carbides, whether or not chemically defined

2850 Hydrides, nitrides, azides, silicides and borides, whether or not chemically defined, other than compounds which are also 

carbides of heading 2849

2852 Inorganic or organic compounds of mercury, whether or not chemically defined, excluding amalgams

2853 Other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or 

not rare gases have been removed); compressed air; amalgams, other than amalgams of precious metals

2901 Acyclic hydrocarbons

2902 Cyclic hydrocarbons

2903 Halogenated derivatives of hydrocarbons

2904 Sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated

2905 Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives (excluding methanol, mannitol, and 

sorbitol)

2906 Cyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives

2907 Phenols; phenol-alcohols

2908 Halogenated, sulfonated, nitrated or nitrosated derivatives of phenols or phenol-alcohols

2909 Ethers, ether-alcohols, ether-phenols, ether-alcohol- phenols, alcohol peroxides, ether peroxides, ketone peroxides 

(whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives

2910 Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their halogenated, sulfonated, 

nitrated or nitrosated derivatives

2911 Acetals and hemiacetals, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or 

nitrosated derivatives

2912 Aldehydes, whether or not with other oxygen function; cyclic polymers of aldehydes; paraformaldehyde

2913 Halogenated, sulfonated, nitrated or nitrosated derivatives of products of heading 2912

2914 Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated, or nitrosated 

derivatives

2915 Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, 

sulfonated, nitrated or nitrosated derivatives
6-13

2916 Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and 

peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives

2917 Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or 

nitrosated derivatives

2918 Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their 

halogenated, sulfonated, nitrated or nitrosated derivatives

2919 Phosphoric esters and their salts, including lactophosphates; their halogenated, sulfonated, nitrated or nitrosated 

derivatives

2920 Esters of other inorganic acids of nonmetals (excluding esters of hydrogen halides) and their salts; their halogenated, 

sulfonated, nitrated or nitrosated derivatives

2921 Amine-function compounds

2922 Oxygen-function amino-compounds

2923 Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined

2924 Carboxyamide-function compounds; amide-function compounds of carbonic acid

2925 Carboxyimide-function compounds (including saccharin and its salts) and imine-function compounds

2926 Nitrile-function compounds

2927 Diazo-, azo- or azoxy-compounds

2928 Organic derivatives of hydrazine or of hydroxylamine

2929 Compounds with other nitrogen function

2930 Organo-sulfur compounds

2931 Other organo-inorganic compounds

2932 Heterocyclic compounds with oxygen hetero-atom(s) only

2933 Heterocyclic compounds with nitrogen hetero-atom(s) only

2934 Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds

2935 Sulfonamides

2936 Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used 

primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent

2937 Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural 

analogues thereof, including chain modified polypeptides, used primarily as hormones

2938 Glycosides, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives

2939 Alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives

2940 Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar 

esters, and their salts, other than products of heading 2937, 2938 or 2939

2941 Antibiotics

2942 Other organic compounds

3303 Perfumes and toilet waters

3304 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or 

sun tan preparations; manicure or pedicure preparations

3305 Preparations for use on the hair

3306 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the 

teeth (dental floss), in individual retail packages

3307 

Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, 

cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed 

or having disinfectant properties

4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste 

and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

4402 Wood charcoal (including shell or nut charcoal), whether or not agglomerated

4403 Wood in the rough, whether or not stripped of bark or sap- wood, or roughly squared



6-17

0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704 Cabbages, cauliflower, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705 Lettuce (lactuca sativa) and chicory (cichorium spp.), fresh or chilled

0706 Carrots, turnips, salad beets, salsify, radishes and similar edible roots, fresh or chilled

0707 Cucumbers and gherkins, fresh or chilled

0708 Leguminous vegetables, shelled or unshelled, fresh or chilled

0709 Vegetables nesoi, fresh or chilled

0710 Vegetables (uncooked or cooked by steam or boiling water), frozen

0711 Vegetables provisionally preserved (by sulfur dioxide gas, in brine etc.), but unsuitable in that state for immediate 

consumption

0712 Vegetables, dried, whole, cut, sliced, broken or in powder, but not further prepared

0713 Leguminous vegetables, dried shelled

0714 Cassava (manioc), arrowroot, salep, jerusalem artichokes, sweet potatoes and similar roots etc. (high starch etc. content), 

fresh or dried; sago pith

0801 Coconuts, brazil nuts and cashew nuts, fresh or dried

0802 Nuts nesoi, fresh or dried

0803 Bananas, including plantains, fresh or dried

0804 Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried

0805 Citrus fruit, fresh or dried

0806 Grapes, fresh or dried

0807 Melons (including watermelons) and papayas (papaws), fresh

0808 Apples, pears and quinces, fresh

0809 Apricots, cherries, peaches (including nectarines), plums (including prune plums) and sloes, fresh

0810 Fruit nesoi, fresh

0811 Fruit and nuts (uncooked or cooked by steam or boiling water), whether not sweetened, frozen

0812 Fruit and nuts provisionally preserved (by sulfur dioxide gas, in brine etc.), but unsuitable in that state for immediate 

consumption

0813 Fruit, dried, nesoi (other than those of headings 0801 to 0806); mixtures of nuts or dried fruits of this chapter

0814 Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved

0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee

0902 Tea, whether or not flavored

0903 Mate

0904 Pepper of the genus piper; fruits of the genus capsicum (peppers) or of the genus pimenta, dried, crushed or ground

0905 Vanilla
6-18

0906 Cinnamon and cinnamon-tree flowers

0907 Cloves (whole fruit, cloves and stems)

0908 Nutmeg, mace and cardamons

0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

0910 Ginger, saffron, tumeric (curcuma), thyme, bay leaves, curry and other spices

1002 Rye

1202 Peanuts (ground-nuts), not roasted or otherwise cooked, whether or not shelled or broken

1203 Copra

1204 Flaxseed (linseed), whether or not broken

1205 Rape or colza seeds, whether or not broken

1206 Sunflower seeds, whether or not broken

1207 Oil seeds and oleaginous fruits nesoi, whether or not broken

1208 Flours and meals of oil seeds or oleaginous fruits, other than those of mustard

1209 Seeds, fruit and spores, of a kind used for sowing

1210 Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin

1211 Plants and parts of plants (including seeds and fruits), used in perfumery, pharmacy, or for insecticidal or similar purposes, 

fresh or dried

1212 Locust beans, seaweeds etc., sugar beet and sugar cane; fruit stones and kernels and other vegetable products used for 

human consumption, nesoi

1213 Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets

1214 Rutabagas (swedes), mangolds, hay, alfalfa (lucerne), clover, forage kale, lupines and similar forage products, whether or 

not in the form of pellets

1301 Lac; natural gums, resins, gum-resins and balsams

1302 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, 

derived from vegetable products

1401 Vegetable materials used primarily for plaiting, including bamboos, rattans, reeds, rushes, osier, raffia, processed cereal 

straw and lime bark

1404 Vegetable products, nesoi

1501 Pig fat (including lard) and poultry fat, other than of heading 0209 or 1503

1502 Fats of bovine animals, sheep or goats, other than those of heading 1503

1503 Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared

1505 Wool grease and fatty substances derived therefrom, including lanolin

1506 Animal fats and oils and their fractions, nesoi, whether or not refined, but not chemically modified

1507 Soybean oil and its fractions, whether or not refined, but not chemically modified

1508 Peanut (ground-nut) oil and its fractions, whether or not refined, but not chemically modified

1509 Olive oil and its fractions, whether or not refined, but not chemically modified
6-19

1510 Olive-residue oil and blends of olive oil and oil-residue oil, not chemically modified

1511 Palm oil and its fractions, whether or not refined, but not chemically modified

1512 Sunflower-seed, safflower or cottonseed oil, and their fractions, whether or not refined, but not chemically modified

1513 Coconut (copra), palm kernel or babassu oil and their fractions, whether or not refined, but not chemically modified

1514 Rapeseed, colza or mustard oil and their fractions, whether or not refined, but not chemically modified

1515 Fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified

1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated etc., whether or not refined, but not 

further prepared

1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different specified fats and 

oils

1518 Animal or vegetable fats, oils and their fractions, boiled, oxidized, etc.; inedible mixes or preparations of animal or 

vegetable fats and oils, nesoi

1520 Glycerol (glycerine), whether or not pure; glycerol waters and glycerol lyes

1521 Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or colored

1522 Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes

1701 Cane or beet sugar and chemically pure sucrose, in solid form

1702 Sugars nesoi, including chemically pure lactose, maltose, glucose and fructose in solid form; sugar syrups (plain); artificial 

honey; caramel

1703 Molasses resulting from the extraction or refining of sugar

1704 Sugar confectionary (including white chocolate), not containing cocoa

1801 Cocoa beans, whole or broken, raw or roasted

1802 Cocoa shells, husks, skins and other cocoa waste

1803 Cocoa paste, whether or not defatted

1804 Cocoa butter, fat and oil

1805 Cocoa powder, not containing added sugar or other sweetening matter

1806 Chocolate and other food preparations containing cocoa

1901 Malt extract; food preparations of flour, meal etc. containing under 40% cocoa nesoi; food preparations of milk etc. 

containing under 50% cocoa nesoi

1902 Pasta, whether or not cooked or stuffed or otherwise prepared, including spaghetti, lasagna, noodles etc.; couscous, 

whether or not prepared

1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

1904 Prepared foods from swelling or roasting cereals or products; cereals (excluding corn), in grain form flakes or worked 

grain prepared nesoi

1905 Bread, pastry, cakes, biscuits and other bakers' wares; communion wafers, empty capsules for medicine etc., sealing 

wafers, rice paper etc.

2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid

2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2003 Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
6-20

2004 Vegetables, other than tomatoes, mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid, 

frozen, excluding products of 2006

2005 Vegetables, other than tomatoes, mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid, 

not frozen excluding products of 2006

2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants preserved by sugar (drained, glace or crystallized)

2007 Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, being cooked preparations, whether or not 

containing added sweetening

2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sweetening 

or spirit, nesoi

2009 Fruit juices not fortified with vitamins or minerals (including grape must) & vegetable juices, unfermented & not 

containing added spirit, whether or not containing added sweetening

2101 Extracts, essences and concentrates of coffee, tea or mate and preparations thereof; roasted chicory etc. and its extracts, 

essences and concentrates

2102 Yeasts; other single-cell micro-organisms, dead (other than medicinal vaccines of heading 3002); prepared baking 

powders

2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard

2104 Soups and broths and preparations therefor; homogenized composite food preparations

2105 Ice cream and other edible ice, whether or not containing cocoa

2106 Food preparations not elsewhere specified or included

2203 Beer made from malt

2204 Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

2205 Vermouth and other wine of fresh grapes flavored with plants or aromatic substances

2206 Other fermented beverages (for example, cider, perry, mead, sakè); mixtures of fermented beverages and mixtures of 

fermented beverages and non-alcoholic beverages, not elsewhere specified or included

2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80 percent vol. or higher; ethyl alcohol and other spirits, 

denatured, of any strength

2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 percent vol.; spirits, liqueurs and other 

spirituous beverages

2209 Vinegar and substitutes for vinegar obtained from acetic acid

2301 Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, mollusks or other aquatic invertebrates, unfit for 

human consumption; greaves (cracklings)

2302 Bran, sharps and other residues (in pellets or not), derived from the sifting, milling or other working of cereals or 

leguminous plants

2303 Residues of starch manufacture and other residues and waste of sugar manufacture, brewing or distilling dregs and waste, 

whether or not in pellets

2304 Soybean oilcake and other solid residues resulting from the extraction of soy bean oil, whether or not ground or in the 

form of pellets

2305 Peanut (ground-nut) oilcake and other solid residues resulting from the extraction of peanut (ground-nut) oil, whether or 

not ground or in pellets

2306 Oilcake and other solid residues (in pellets or not), resulting from the extraction of vegetable fats or oils (except from 

soybeans or peanuts), nesoi

2307 Wine lees; argol

2308 Vegetable materials and waste, vegetable residues and by-products (in pellets or not), used in animal feeding, nesoi

2309 Preparations of a kind used in animal feeding

2401 Tobacco, unmanufactured (whether or not threshed or similarly processed); tobacco refuse

2402 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes



7-1

CHAPTER 7

BILATERAL EVALUATION AND DISPUTE RESOLUTION

Article 7.1: Bilateral Evaluation and Dispute Resolution Arrangement

1. To ensure prompt and effective implementation of this Agreement, the Parties establish 

the following Bilateral Evaluation and Dispute Resolution Arrangement (the “Arrangement”).

2. The purpose and mandate of the Arrangement are to effectively implement this 

Agreement, to resolve issues in the economic and trade relationship of the Parties in a fair, 

expeditious, and respectful manner, and to avoid the escalation of economic and trade disputes 

and their impact on other areas of the Parties’ relationship. The Parties recognize the importance 

of strengthened bilateral communications in this effort. 

Article 7.2: Arrangement Structure 

1. High-level Engagement. The Parties shall create the Trade Framework Group to discuss 

the implementation of this Agreement, which shall be led by the United States Trade 

Representative and a designated Vice Premier of the People’s Republic of China. The Trade 

Framework Group shall discuss (a) the overall situation regarding implementation of this 

Agreement, (b) major problems with respect to implementation, and (c) arrangements for future 

work between the Parties. The Parties shall resume macroeconomic meetings to discuss overall 

economic issues, which shall be led by the United States Secretary of the Treasury and the 

designated Vice Premier of the People’s Republic of China. Both Parties shall make every effort 

to ensure that meetings of the Trade Framework Group and the macroeconomic meetings are 

efficient and oriented toward solving problems.

2. Daily Work. The Arrangement shall include a Bilateral Evaluation and Dispute 

Resolution Office for each Party.

(a) For the United States, the Bilateral Evaluation and Dispute Resolution Office 

shall be headed by a designated Deputy United States Trade Representative. For

China, the Bilateral Evaluation and Dispute Resolution Office shall be headed by 

a designated Vice Minister under the designated Vice Premier. 

(b) Each Party shall designate an official (the “designated official”) to assist in the 

work of the Arrangement. By the date of entry into force of this Agreement, each 
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Party shall provide the contact information of its respective designated official. 

Each Party shall update such information as necessary.

(c) The Bilateral Evaluation and Dispute Resolution Offices shall (a) assess specific 

issues relating to implementation of this Agreement, (b) receive complaints 

regarding implementation submitted by either Party, and (c) attempt to resolve 

disputes through consultations. In carrying out its work, each Bilateral Evaluation 

and Dispute Resolution Office may consult with government agencies with 

relevant expertise.

Article 7.3: Requests for Information 

A Party may request at any meeting, or prior to a meeting, information from the other Party 

regarding a matter relating to the implementation of this Agreement. The other Party shall 

provide a written response containing the requested information. In the event that a Party is not 

able to provide the requested information, the response shall contain a specific explanation of 

why the information cannot be provided within the time limit and the specific date when the 

information will be provided. Nothing in this provision shall obligate a Party to provide 

confidential information to the other Party.

Article 7.4: Dispute Resolution

1. Appeal. Where one Party (the “Complaining Party”) believes that the other Party (the 

“Party Complained Against”) is not acting in accordance with this Agreement, the Complaining 

Party may submit an appeal (“Appeal”) to the Bilateral Evaluation and Dispute Resolution 

Office of the Party Complained Against. An Appeal shall be in writing and shall contain 

sufficient information to allow the Party Complained Against to make a proper assessment of the 

matter. The Appeal may, but need not, include information that could identify any company at 

issue or business confidential information. The Appeal and any information and matters related 

to it are confidential and shall not be shared beyond the Bilateral Evaluation and Dispute 

Resolution Office, absent the agreement of the Parties.

2. Scope of Appeal.

(a) The dispute resolution process covers all matters that occur after the date of entry 

into force of this Agreement. 

(b) Any measure, including an action, of a Party taken prior to the date of entry into 

force of this Agreement, which is maintained or continues to have effect after that 

date, is also subject to the dispute resolution process. For an Appeal of such a 
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measure, the Complaining Party shall provide to the Party Complained Against an

explanation of the continuing effect of the measure. 

3. Assessment. The Party Complained Against shall carry out and complete an assessment 

of the Appeal. The Party Complained Against shall consider the facts, nature, and seriousness of 

the issues presented by the Appeal. After the assessment is completed, the designated officials 

shall begin consultations.

4. Dispute Procedures. Both Parties will attempt to resolve the Appeal in the most 

efficient manner using the following procedures:

(a) If the Appeal cannot be resolved by the designated officials, the concerns may be 

raised to the designated Deputy United States Trade Representative and the

designated Vice Minister. If the Appeal is not resolved at the deputy or viceministerial level, the Complaining Party may present the issue to the United States 

Trade Representative and the designated Vice Premier of the People’s Republic of 

China.

(b) If the concerns of the Complaining Party are not resolved at a meeting between

the United States Trade Representative and the designated Vice Premier of the 

People’s Republic of China, the Parties shall engage in expedited consultations on 

the response to the damages or losses incurred by the Complaining Party. If the 

Parties reach consensus on a response, the response shall be implemented. If the 

Parties do not reach consensus on a response, the Complaining Party may resort to

taking action based on facts provided during the consultations, including by 

suspending an obligation under this Agreement or by adopting a remedial 

measure in a proportionate way that it considers appropriate with the purpose of 

preventing the escalation of the situation and maintaining the normal bilateral 

trade relationship. The Party Complained Against can initiate an urgent meeting 

between the United States Trade Representative and the designated Vice Premier 

of the People’s Republic of China before the effective date of the action to be 

taken by the Complaining Party. If the Party Complained Against considers that 

the action by the Complaining Party pursuant to this subparagraph was taken in 

good faith, the Party Complained Against may not adopt a counter-response, or 

otherwise challenge such action. If the Party Complained Against considers that 

the action of the Complaining Party was taken in bad faith, the remedy is to 

withdraw from this Agreement by providing written notice of withdrawal to the 

Complaining Party.
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5. Notwithstanding the provisions of subparagraph 4(a), if either the United States Trade 

Representative or the designated Vice Premier of the People’s Republic of China considers that 

an implementation issue is a matter of urgency, either one may raise the matter directly at a 

meeting between them without prior discussions at lower level meetings. If such a meeting 

cannot be timely scheduled for this purpose, the Complaining Party may resort to taking action 

as provided in subparagraph 4(b). 

Article 7.5: Implementation Period

The Arrangement shall be in effect at the same time as this Agreement and shall remain in place 

as long as this Agreement is in effect. The Parties may assess the Arrangement and discuss any 

necessary adjustments to it at Trade Framework Group meetings. 

Article 7.6: Miscellaneous 

1. The Parties affirm their existing rights and obligations with respect to each other under 

the WTO Agreement and other agreements to which the Parties are party.

2. In the event that a natural disaster or other unforeseeable event outside the control of the 

Parties delays a Party from timely complying with its obligations under this Agreement, the 

Parties shall consult with each other.
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Annex 7-A

WORKING PROCEDURES OF THE

BILATERAL EVALUATION AND DISPUTE RESOLUTION ARRANGEMENT

Schedule of Meetings 

1. Meetings of the Trade Framework Group shall be held every six months.

2. The macroeconomic meetings shall be held regularly.

3. The heads of each Party’s Bilateral Evaluation and Dispute Resolution Office shall meet 

on a quarterly basis. 

4. The designated officials of each Party shall meet at least once a month. 

5. During the first two years after this Agreement enters into force, the frequency of 

meetings may be increased as appropriate. Meetings may be held in person or through any 

means available to the Parties.

Responses to Requests for Information

Pursuant to Article 7.3, a Party shall respond within 15 working days to any requests for 

information from the other Party.

Dispute Resolution Timeline

1. Pursuant to Article 7.4.3, the Party Complained Against shall have 10 working days from 

the date of the receipt of the Appeal to carry out and complete an assessment of the Appeal.

2. Pursuant to Article 7.4.4(a):

a. The designated officials shall have 21 calendar days from the date of the receipt 

of the Appeal to reach a resolution. 

b. If the Appeal is not resolved by the designated officials, the designated Deputy 

United States Trade Representative and the designated Vice Minister shall have

45 calendar days from the date of the receipt of the Appeal to reach a resolution.
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c. If the Appeal is not resolved at the deputy or vice-ministerial level and the 

Complaining Party presents the issue to the United States Trade Representative 

and the designated Vice Premier of the People’s Republic of China, these officials 

shall hold a meeting within 30 calendar days from the date the Complaining Party 

requests such a meeting. 

3. Pursuant to Article 7.4.5, if either the United States Trade Representative or the 

designated Vice Premier of the People’s Republic of China requests to meet on a matter of 

urgency, a meeting shall be scheduled within 30 calendar days from the date of receipt of that 

request.

4. The Parties may agree, in writing, to extend the time periods set forth in this Annex.

5. The calculation of working days in this Annex is based on the official calendar of the 

government of the Party Complained Against. 
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CHAPTER 8

FINAL PROVISIONS

Article 8.1: Annexes, Appendices, and Footnotes

The annexes, appendices, and footnotes to this Agreement constitute an integral part of 

this Agreement.

Article 8.2: Amendments

1. The Parties may agree, in writing, to amend this Agreement.

2. An amendment shall enter into force 60 days after the date on which the Parties exchange 

written notifications of the approval of the amendment in accordance with their respective

applicable domestic procedures, or such other date as the Parties may decide.

Article 8.3: Entry into Force and Termination 

1. This Agreement shall enter into force within 30 days of signature by both Parties or as of 

the date on which the Parties have notified each other in writing of the completion of their 

respective applicable domestic procedures, whichever is sooner.

2. Either Party may terminate this Agreement by providing written notice of termination to 

the other Party. The termination shall take effect 60 days after the date on which a Party has 

provided that written notice to the other Party, or on such other date as the Parties may decide.

Article 8.4: Further Negotiations

The Parties will agree upon the timing of further negotiations.

Article 8.5: Notice and Comment on Implementing Measures

Except as otherwise provided in this Agreement, each Party shall provide no less than 45 

days for public comment on all proposed measures implementing this Agreement. Each Party
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shall consider concerns raised by the other Party in any final measure or amendment intended to 

implement this Agreement.

Article 8.6: Authentic Texts

The English and Chinese versions of this Agreement are equally authentic.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective 

Governments, have signed this Agreement.

DONE in duplicate at 

Washington, District of Columbia, on January 15, 2020.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA PEOPLE’S REPUBLIC OF CHINA