GENERAL AGREEMENT on COM.TD/W/203/Rev.128 May 1974 TARIFFS and TRADE Limited Distribution
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RESTRICTED GENERAL AGREEMENT ON COM.TD/W/203/Rev.128 May 1974 TARIFFS AND TRADE Limited Distribution Multilateral Trade Negotiations INFORMITION REGARDING IMPORT RESTRICTIONS ON PRODUCTS OF EXPORT INTEREST TO DEVELOPING COUNTRIES Notebythe Secretariat Revision 1.At its meeting held on 4-7 March 1974, Group 3(b) requested the secretariat to prepare a comprehensive list of items of export interest to developing countries which are subject to import restrictions in developed countries on the basis of information available in the secretariat and elsewhere. The Group also decided that details regarding import restrictions applying to products of export interest to developing countries shown in document COM.TD/W/203 should be updated. In addition, an attempt should be made to identify, wherever feasible, quantitative restrictions and other non-tariff measures affecting the trade of developing countries in products included in the Generalized System of Preferences. 2. In pursuance of these suggestions, the secretariat has, in Annex I to this document, listed products of interest to developing countries which are subject to restriction on the basis of information contained in the Joint Working Group documentation as well as elsewhere. The tabulations in Annex II constitute an updating of the commercial policy information provided in COM.TD/W/203 and include a number of additional products identified as of export interest to developing countries. The types of restriction indicated in Annex II include quotas, seasonal restrictions and other import licensing systems, export restraint arrangements, State-trading practices andminimum price systems. In addition, this Annex contains updated data on most-favoured-nation and GSP rates of duty in the restricting country, as well as information on the level of imports, showing separately total imports and imports from developing countries. Products subject to liberal licensing are listed in Annex III in order to reflect greater uniformity between this document and the information provided in the Joint Working Group documentation. 3. With regard to products subject to restriction in the United Kingdom, Ireland and Denmark, Annex II gives tariff rates applicable under the Common Customs Tariffs of the European Communities. As these countries are in the process of aligning their national tariffs to the common customs tariff by stages, so as to generally apply the unified tariff of the Communities by 1 July 1977, the actual rates at present operative for certain products may differ from those indicated. COM.TD/W/203/Rev.1 Page 2 4. These tabulations relate to import restrictions affecting both agricultural and industrial products. The identification of items to which the import restric- tions apply in certain markets is not intended to imply any judgment as to their actual restrictiveness in relation to any other non-tariff measure, particularly in relation to agricultural products where import restrictions tend to be one of a range of measures designed to regulate agricultural trade. 5. The designations employed do not represent any judgment on the part of the secretariat in regard to the status of any country or its degree of development. In general, the classification of individual countries under the heading "developing-country suppliers" is on the basis of indications given by the country concerned. COM. TD/W/203/Rev.1 Page 3 NOTES ON THE LEGAL JUSTIFICATION OF IMPORT RESTRICTIONS In the context of the work of the Group on Residual Restrictions., information was collected on the legal justification for certain import restrictions affecting developing countries (cf. COM.TD/62 and 67). This information is reproduced below to the extent relevant to the restrictions at present in force. The information is, however, not exhaustive.¹ In this connexion, it may also be noted that no reference is made in Annex II to restrictions applied on such items as gold, explosives, arms, ammunition, radio-active materials, narcotics, those applied in accordance with international commodity agreements, and those enforced for the protection of rare animals and for health and sanitary controls. (1) Restrictions considered by the governments applying them to be covered by the provisional application clause in the Protocols, providing for the terms on which the governments apply the General Agreement Austria - Certain live animals,- meat and meat products; animal fats; butter; cereals and cereal products Canada - Certain cereals and cereal products; and butter and butter substitutes Denmark - Ethyl alcohol France - Petroleum oils and petroleum gases, and certain mineral wax F.R. Germany - Sheep and sheep meat Sweden - Certain fish United States - Sugar (2) Restrictions of Switzerland on agricultural products covered by a special clause in the Protocol of Accession (cf. BISD 14th Supplement, page 8) Switzerland reserved its position with regard to the application of the provisions of article XI to the agricultural products covered by certain domestic legislation including certain live animals, meat and meat products, certain animal fats, certain dairy products; certain vegetables, fruits and products thereof; fresh flowers; certain cereals and cereal products; certain alcoholic beverages and spirits; oilcake etc. (Ref. L/3894). (3) Restrictions of the United States covered by either Article XI:2(c) or the waiver granted by the Docision of 5 March1955 (cf. BISD. 3rd Supplement, page32) Wheat and wheat flour; groundnuts; dairy products; and cotton and cotton-waste. ¹For example, certain countries have referred to Article XVII in relation to their State-trading operations. COM.TD/W/203/Rev.l Page 4 EXPLANATORY NOTES Column (1)Country applying restriction The following countries have been covered: Australia, Austria, Canada, Belgium, Denmark, France, F.R. Germany, Ireland, Italy, Luxembourg, Netherlands, United kingdom, Japan,Norway, Sweden, Switzerland and United States. Details of import restrictions applied by Finland and New Zealand have not been included in the document. In this connexion, it may. be mentioned that Finland applies import restrictions for balance-of-payment reasons under Article XII of the General Agreement. The Government of New Zealand has,, however, advised that it no longer wishes to invoke Article XII of the General Agreement (L/3857 dated .11 May 1973). Column (2) :BTNsub-headings or national tariff headings Identified on the basis of information available to the secretariat. Symbols, BQ Bilateral quota GQ Global quota Q Quota (method unspecified) P Imports are generally prohibited or embargoed IL Liberal licensing - where maintaining countries consider their licensing régime to be a purely formal requirement involving no restrictions DL Discretionary licensing - includes cases -where global quotas may have been established but not published L Licensing (method unspecified) SR Seasonal restrictions R Restrictions (unspecified) ST State trading - an additional symbol indicates the type of restriction involved HT Minimum price system (Followed by country abbreviation) - the country in parenthesis operates an export restraint vis-à--vis the country -shown as maintaining the restriction (-List A) Import restrictions of Federal Republic of Germany not applicable to "List A" countries and territories (-Zone I) Import restrictions of France not applicable to 'Zone I" countries and territories (DA) Import restrictions of the United Kingdom applicable to "dollar area" COM.TD/W/203/Rev.1 Page 5 Column (5) M.f.n. duty rates Symbol (cant'd) V Indicates that: the item is subject to variable levies, or charges and taxes such as compensatory taxes, importers fees, etc. In some cases, where the symbol "V" is shown in addition to tariffs, the levy is collected in addition to customs duty. [] Duty rates in square brackets denote temporary rates ( ) Duty rates in parentheses denote the ad valorem incidence of specific duties Currency name abbreviations-, used for indicate specific duties -$ Canadian or US dollar; $A - Australian dollar; DKr - Danish krone; NKr - Norwegian krone; SKr - Swedish krona; S - Austrian schilling; Sw F - Swiss franc; E Pound sterling; - -4-.1 - fe- N rl-Q-0 UA EC Unit of Account; Y - Japanese yen The data on treatment under the GSP has been collected on the basis of 1974 schemes notified to GATT. It should be noted, however, that in regard to the USA,. the data on the rates applicable under the GSP are only provisional and are based on the information available in the secretariat. The Government of Canada has indicated that the Canadian GSP will be implemented as of 1 July 1974. ( ) GSP in parentheses indicates that the GSP concession applies to imports within tariff quotas or import ceilings., Counmns (7)and (8) Imports of restricting country at tariff-line level The trade data in these columns generally cover the whole of the tariff line concerned, even if the import restriction affects only part of the tariff line. Columns (7) and-(10) Imports of restricting countries and of developed countries as a whole¹ from all sources Figures in columns (7) and (10) do not include trade between the member States of the enlarged European Community. Columns (7)-(l2) Statistical data While imports of restricting countries in columns (7) and (8) have generally been given at the tariff-line level, imports of the developed countries as a whole (columns (10) and 11( )are shown either at the BTN four-digit level or at the SITC level in certain cases. Statistical data in these columns have been derived