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Classification of Non-tariff Measures

Manual by UNCTAD, 2013

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Non-tariff measures are generally defined as policy measures other than ordinary customs tariffs that can potentially have an economic effect on international trade in goods, changing quantities traded, or prices or both. Since this definition is broad, a detailed classification is of critical importance so as to better identify and distinguish among the various forms of non-tariff measures.

U N I T E D N AT I O N S C O N F E R E N C E O N T R A D E A N D D E V E L O P M E N T


CLASSIFICATION
OF NON-TARIFF MEASURES


FEBRUARY 2012 VERSION


New York and Geneva, 2013




© Copyright United Nations 2013
All rights reserved


UNCTAD/DITC/TAB/2012/2


UNITED NATIONS PUBLICATION


NOTE


The designations employed and the presentation of the material do not imply the


expression of any opinion on the part of the United Nations concerning the legal


status of any country, territory, city or area, or of authorities or concerning the


delimitation of its frontiers or boundaries.


Material in this publication may be freely quoted or reprinted, but acknowledgement


is requested, together with a copy of the publication containing the quotation or


reprint to be sent to the UNCTAD secretariat at the following address:


Chief, Trade Analysis Branch


Division on International Trade in Goods and Services, and Commodities


United Nations Conference on Trade and Development


Palais des Nations


CH-1211 Geneva, Switzerland


This publication has not been formally edited.




February 2012 Version iii


Contents


Introduction ............................................................................... 1


Chapter A: Sanitary and phytosanitary measures ............................. 7


Chapter B: Technical barriers to trade .......................................... 15


Chapter C: Pre-shipment inspection and other formalities ................ 20


Chapter D: Contingent trade-protective measures .......................... 21


Chapter E: Non-automatic licensing, quotas, prohibitions and quantity-


control measures other than for SPS or TbT reasons ..... 26


Chapter F: Price-control measures, including additional taxes


and charges .............................................................. 33


Chapter G: Finance measures ..................................................... 37


Chapter H: Measures affecting competition ................................... 40


Chapter I: Trade-related investment measures ............................... 41


Chapter J: Distribution restrictions .............................................. 41


Chapter K: Restrictions on post-sales services ............................... 42


Chapter L: Subsidies (excluding export subsidies under P7) .............. 42


Chapter M: Government procurement restrictions ......................... 42


Chapter N: Intellectual property ................................................... 43


Chapter O: Rules of origin ........................................................... 43


Chapter P: Export-related measures ............................................. 43






February 2012 Version 1


INTRODUCTION


Non-tariff measures are generally defined as policy measures other than ordinary
customs tariffs that can potentially have an economic effect on international
trade in goods, changing quantities traded, or prices or both (UNCTAD/DITC/
TAB/2009/3). Since this definition is broad, a detailed classification is of critical
importance so as to better identify and distinguish among the various forms of
non-tariff measures.


The classification of non-tariff measures presented here is a taxonomy of all those
measures considered relevant in today’s situation in international trade. It was
extensively discussed and agreed upon by several international organizations
forming what was called the MAST group (Multi-Agency Support Team) to
support the Group of Eminent Persons on Non-tariff Barriers established by
the Secretary General of UNCTAD in 2006. Its work ranged from 2007 to 2012,
during which time the classification was tested in the field for data collection.
This version is presented as the 2012 version, the outcome of that discussion
and testing. The classification is seen as evolving and should adapt to the reality
of international trade and data collection needs.


This classification comprises technical measures, such as sanitary or
environmental protection measures, as well as others traditionally used as
instruments of commercial policy, e.g. quotas, price control, exports restrictions,
or contingent trade protective measures, and also other behind-the-border
measures, such as competition, trade-related investment measures, government
procurement or distribution restrictions.


This classification does not judge on legitimacy, adequacy, necessity or
discrimination of any form of policy intervention used in international trade. It
acknowledges existence and is designed to organize information in a database
format. Transparent, reliable and comparable information can contribute to an
understanding of the phenomenon and help exporters worldwide to access
information, as it happens with tariffs. Transparent information is also needed for
any negotiations that could lead to harmonization and mutual recognition and
thus enhance trade.




2 ClassifiCation of non-tariff Measures


The UNCTAD-MAST classification develops a tree/branch structure where
measures are categorized into chapters, depending on their scope and/or design.
Then each chapter is further differentiated into several subgroups to allow a finer
classification of the regulations affecting trade. The classification of non-tariff
measures encompasses 16 chapters (A to P), and each individual chapter is divided
into groupings with depth up to three levels (one, two and three digits, following
the same logic of the Harmonized System classification for products).1 Although
a few chapters reach the three-digit level of disaggregation, most of them stop at
two digits. The chapters of the classification are illustrated in the table below. All
chapters reflect the requirements of the importing country on its imports, with the
exception of measures imposed on exports by the exporting country (chapter P).


The MAST team discussed and proposed this classification, and is composed of:


Food and Agriculture Organization of the United Nations,


International Monetary Fund,


International Trade Centre,


Organization for Economic Cooperation and Development,


United Nations Conference on Trade and Development,


United Nations Industrial Development Organization,


World Bank,


World Trade Organization (WTO)


1 Also, measures are listed in each subgroup with numbers, while the digit 9 is always kept for all
other cases not listed within that subgroup.




February 2012 Version 3


Im
po


rt
s


Technical
measures


A SANITARY AND PHYTOSANITARY MEASURES


B TECHNICAL BARRIERS TO TRADE


C PRE-SHIPMENT INSPECTION AND OTHER
FORMALITIES


Non
technical
measures


D CONTINGENT TRADE-PROTECTIVE MEASURES


E NON-AUTOMATIC LICENSING, QUOTAS,
PROHIBITIONS AND QUANTITY-CONTROL
MEASURES OTHER THAN FOR SPS OR TBT
REASONS


F PRICE-CONTROL MEASURES, INCLUDING
ADDITIONAL TAXES AND CHARGES


G FINANCE MEASURES


H MEASURES AFFECTING COMPETITION


I TRADE-RELATED INVESTMENT MEASURES


J DISTRIBUTION RESTRICTIONS


K RESTRICTIONS ON POST-SALES SERVICES


L SUBSIDIES (EXCLUDING EXPORT SUBSIDIES
UNDER P7)


M GOVERNMENT PROCUREMENT RESTRICTIONS


N INTELLECTUAL PROPERTY


O RULES OF ORIGIN


Exports P EXPORT-RELATED MEASURES


Non tariff measure classification by chapter




4 ClassifiCation of non-tariff Measures


Chapter A deals with sanitary and phytosanitary measures, which are generally
referred to as SPS. It gathers measures such as restriction for substances and
ensuring food safety, and those for preventing dissemination of disease or pests.
Chapter A also includes all conformity-assessment measures related to food safety,
such as certification, testing and inspection, and quarantine.


Chapter B collects technical measures, also called TBT. It refers to measures such
as labelling, standards on technical specifications and quality requirements, and
other measures protecting the environment. As in the case for SPS, chapter B also
includes all conformity-assessment measures related to technical requirements,
such as certification, testing and inspection. The last chapter in the technical
measures section is chapter C, which classifies the measures related to pre-
shipment inspections and other customs formalities.


Chapter D groups the contingent measures, i.e. those measures implemented
to counteract particular adverse effects of imports in the market of the importing
country, including measures aimed at unfair foreign trade practices. They include
antidumping, countervailing, and safeguard measures.


Chapters E and F are the “hard” group of measures, traditionally used in trade
policy. Chapter E includes licensing, quotas and other quantity control measures,
including Tariff rate quotas. Chapter F lists price-control measures implemented
to control or affect the prices of imported goods. Among the examples are those
to support the domestic price of certain products when the import prices of these
goods are lower; to establish the domestic price of certain products because of
price fluctuation in domestic markets, or price instability in a foreign market; or to
increase or preserve tax revenue. This category also includes measures other than
tariffs measures that increase the cost of imports in a similar manner (para-tariff
measures).


Chapter G lists the finance measures. It refers to measures restricting the payments
of imports, for example when the access and cost of foreign exchange is regulated.
It also includes measures imposing restrictions on the terms of payment.


Chapter H includes those measures affecting competition – those that grant
exclusive or special preferences or privileges to one or more limited group of
economic operators. They refer mainly to monopolistic measures, such as State
trading, sole importing agencies or compulsory national insurance or transport.




February 2012 Version 5


Chapter I deals with trade-related investment measures, and groups the measures
that restrict investment by requiring local content or requesting that investment be
related to export in order to balance imports.


Chapters J and K relate to the way products, or services connected to the products,
are marketed after imports. They are considered non-tariff measures because they
could affect the decision of being imported. Chapter J, on distribution restrictions,
refers to restrictive measures related to the internal distribution of imported products.
Chapter K deals with restrictions on post-sales services, for example, restrictions
on the provision of accessory services.


Chapters L, M, N and O relate to behind-the-border policies. Chapter L contains
measures that relate to the subsidies that affect trade. Chapter M, on government
procurement restriction measures, refers to the restrictions bidders may find when
trying to sell their products to a foreign government. Chapter N gathers restrictions
related to intellectual property measures and intellectual property rights. Chapter
O, on rules of origin, groups the measures that restrict the origin of products or its
inputs.


The last chapter, chapter P, is on export measures. It groups the measures a
country applies to its exports. It includes export taxes, export quotas and export
prohibitions.


This review of the classification defines each of the measures listed and offers useful
examples in most of the cases for better clarification.


This version is currently used by UNCTAD to collect data around the world, and
therefore is part of the core training material used to instruct those assigned with the
data-collection job within the framework of the Transparency in Trade Initiative. This
programme was launched in 2011 by UNCTAD, the African Development Bank,
the International Trade Centre and the World Bank. It will use this classification and
collect data worldwide using the same principles and procedures, so as to ensure
coherence as much as possible in the treatment of the data. Its objective is to
provide better information on trade measures. It is hoped to contribute to better and
more lasting international trade agreements, both multilateral and regional. Finally,
yet importantly, this programme can be expected to spur a new wave of policy-
relevant research on non-tariff measures and their consequences for economic
development.






February 2012 Version 7


A. SANITARY AND PHYTOSANITARY MEASURES


Measures that are applied to protect human or animal life from risks arising from
additives, contaminants, toxins or disease-causing organisms in their food; to
protect human life from plant- or animal-carried diseases; to protect animal or
plant life from pests, diseases, or disease-causing organisms; to prevent or limit
other damage to a country from the entry, establishment or spread of pests; and
to protect biodiversity. These include measures taken to protect the health of
fish and wild fauna, as well as of forests and wild flora.


Note that measures for environmental protection (other than as defined above),
to protect consumer interests, or for the welfare of animals are not covered by
SPS.


Measures classified under A1 through A6 are technical regulations while those
in A8 are their conformity assessment procedures.


A1 Prohibitions/restrictions of imports for SPS reasons


Prohibition and/or restriction of the final products to be imported are
classified in this chapter. Restrictions on the tolerance limits on residues
or use of certain substances contained in the final products are classified
under A2 below.


A11 Temporary geographic prohibitions for SPS reasons


Prohibition of imports of specified products from countries or regions
due to infectious/contagious diseases: Measures included in this
category are typically more of an ad hoc and time-bound nature.


Example: Imports of poultry from areas affected by avian flu or cattle
from foot-and-mouth disease-affected countries are prohibited.


A12 Geographical restrictions on eligibility


Prohibition of imports of specified products from specific countries
or regions due to lack of evidence of sufficient safety conditions to
avoid sanitary and phytosanitary hazards: The restriction is imposed
automatically until the country proves employment of satisfactory
sanitary and phytosanitary measures to provide a certain level of
protection against hazards that is considered acceptable.




8 ClassifiCation of non-tariff Measures


Eligible countries are put on a “positive list”. Imports from other
countries are prohibited. The list may include authorized production
establishments within the eligible country.


Example: Imports of dairy products from countries that have not
proven satisfactory sanitary conditions are prohibited.


A13 Systems approach


An approach that combines two or more independent SPS
measures on a same product: The combined measures can be
composed of any number of interrelated measures, as well as their
conformity assessment requirements and applied at all stages of
production.


Example: An import programme establishes a package of measures
that specifies specific pest-free production location, pesticides to
be used, harvesting techniques as well as post-harvest fumigation,
combined with inspection requirement at entry point: hazard
analysis and critical control point (HACCP) requirements.


A14 Special authorization requirement for SPS reasons


A requirement that importers should receive authorization, permits
or approval from a relevant government agency of the destination
country for SPS reasons: In order to obtain the authorization,
importers may need to comply with other related regulations and
conformity assessments.


Example: An import authorization from the Ministry of Health is
required.


A15 Registration requirements for importers


The requirement that importers should be registered before they
can import certain products: To register, importers may need to
comply with certain requirements, provide documentation and pay
registration fees.


Example: Importers of a certain food item need to be registered at
the Ministry of Health.


A19 Prohibitions/restrictions of imports for SPS reasons, not
elsewhere specified (n.e.s.)




February 2012 Version 9


A2 Tolerance limits for residues and restricted use of substances


A21 Tolerance limits for residues of or contamination by certain
(non-microbiological) substances


A measure that establishes a maximum residue limit (MRL) or
tolerance limit of substances such as fertilisers, pesticides, and
certain chemicals and metals in food and feed, which are used during
their production process but are not their intended ingredients: It
includes a permissible maximum level (ML) for non-microbiological
contaminants. Measures related to microbiological contaminants
are classified under A4 below.


Examples: (a) MRL is established for insecticides, pesticides,
heavy metals and veterinary drug residues; (b) POPs and chemicals
generated during processing; (c) residues of dithianon in apples
and hop.


A22 Restricted use of certain substances in foods and feeds
and their contact materials


Restriction or prohibition on the use of certain substances contained
in food and feed. It includes the restrictions on substances contained
in the food containers that might migrate to food.


Examples: (a) Certain restrictions exist for food and feed additives
used for colouring, preservation or sweeteners; (b) For food
containers made of polyvinyl chloride plastic, vinyl chloride monomer
must not exceed 1 mg per kg.


A3 Labelling, marking and packaging requirements


A31 Labelling requirements


Measures defining the information directly related to food safety,
which should be provided to the consumer: Labelling is any written,
electronic or graphic communication on the consumer packaging
or on a separate but associated label.


Examples: (a) Labels that must specify the storage conditions such
as “5 degree C maximum”; (b) potentially dangerous ingredients
such as allergens, e.g. “contains honey not suitable for children
under one year of age”.




10 ClassifiCation of non-tariff Measures


A32 Marking requirements


Measures defining the information directly related to food safety,
which should be carried by the packaging of goods for transportation
and/or distribution.


Example: Outside transport container must be marked with
instructions such as handling for perishable goods, refrigeration
needs, or protection from direct sunlight, etc.


A33 Packaging requirements


Measures regulating the mode in which goods must be or cannot
be packed, or defining the packaging materials to be used, which
are directly related to food safety.


Example: Use of PVC films for food packaging is restricted.


A4 Hygienic requirements


Requirements related to food quality, composition and safety, which are
usually based on hygienic and good manufacturing practices (GMPs),
recognized methods of analysis and sampling: The requirements may be
applied on the final product (A41) or on the production processes (A42).


A41 Microbiological criteria of the final product


Statement of the microorganisms of concern and/or their toxins/
metabolites and the reason for that concern, the analytical
methods for their detection and/or quantification in the final
product: Microbiological limits should take into consideration
the risk associated with the microorganisms, and the conditions
under which the food is expected to be handled and consumed.
Microbiological limits should also take account of the likelihood of
uneven distribution of microorganisms in the food and the inherent
variability of the analytical procedure.


Examples: Liquid eggs should be pasteurized or otherwise treated
to destroy all viable Salmonella microorganisms.


A42 Hygienic practices during production


Requirements principally intended to give guidance on the
establishment and application of microbiological criteria for foods
at any point in the food chain from primary production to final




February 2012 Version 11


consumption: The safety of foods is principally assured by control at
the source, product design and process control, and the application
of good hygienic practices during production, processing (including
labelling), handling, distribution, storage, sale, preparation and use.


Example: Milking equipment on the farm should be cleaned daily
with a specified detergent.


A49 Hygienic requirements, n.e.s.


A5 Treatment for elimination of plant and animal pests and
disease-causing organisms in the final product (e.g. post-
harvest treatment)


Various treatments that can be applied during production or as a post-
production process, in order to eliminate plant and animal pests or disease-
causing organisms in the final product.


A51 Cold/heat treatment


Requirement of cooling/heating of products below/above certain
temperature for a certain period of time to kill targeted pests, either
prior to, or upon arrival to the destination country. Specific facilities
on land or ships could be requested. In this case, containers should
be equipped properly to conduct cold/heat treatment and should
be equipped with temperature sensors.


Example: Citrus fruits must undergo cold (disinfection) treatment
to eliminate fruit flies.


A52 Irradiation


Requirement to kill or devitalize microorganisms, bacteria, viruses,
or insects that might be present in food and feed products by using
irradiated energy (ionizing radiation).


Example: This technology may be applied on meat products, fresh
fruits, spices and dried vegetable seasonings.


A53 Fumigation


A process of exposing insects, fungal spores or other organisms to
the fumes of a chemical at a lethal strength in an enclosed space for
a given period of time. A fumigant is a chemical, which at a required




12 ClassifiCation of non-tariff Measures


temperature and pressure can exist in the gaseous state in sufficient
concentration to be lethal to a given pest organism.


Example: Use of acetic acid is mandatory as a post-harvest
fumigant to destroy fungal spores on peaches, nectarines, apricots
and cherries; methyl bromide for fumigating cut flowers and many
other commodities.


A59 Treatment for elimination of plant and animal pests and
disease-causing organisms in the final product, n.e.s.


A6 Other requirements on production or post-production processes


Requirement on other (post-) production processes not classified above.
It also excludes those specific measures under A2: Tolerance limits for
residues and restricted use of substances (or its subcategories).


A61 Plant-growth processes


Requirements on how a plant should be grown in terms of
conditions related to temperature, light, spacing between plants,
water, oxygen, mineral nutrients, etc.


Example: Seeding rate and row spacing of soybean plants are
specified to reduce the risk of frogeye leaf spots.


A62 Animal-raising or -catching processes


Requirements on how an animal should be raised or caught
because of SPS concerns.


Example: Cattle should not be fed with feeds containing offal of
cows suspected of BSE.


A63 Food and feed processing


Requirements on how food or feed production should take place in
order to satisfy sanitary conditions for the final products.


Example: New equipment or machinery for handling or processing
feed in or around an establishment producing animal feed shall not
contain polychlorinated biphenils (PCBs).


A64 Storage and transport conditions


Requirements on certain conditions under which food and feed,




February 2012 Version 13


plants and animals should be stored and/or transported.


Example: Certain foodstuffs should be stored in a dry place, or
below a certain temperature.


A69 Other requirements on production or post-production
processes, n.e.s


A8 Conformity assessment related to SPS


Requirement for verification that a given SPS condition has been met. It
could be achieved by one or combined forms of inspection and approval
procedure, including procedures for sampling, testing and inspection;
evaluation, verification and assurance of conformity; accreditation and
approval, etc.


A81 Product registration requirement


Product registration requirement in the importing country.


Example: Requirements and guidelines for the registration of a
pesticide and its compounds, e.g. for minor crops/minor use. The
measure may include provisions describing types of pest control
products that are exempt from registration and procedures detailing
the registration process, including provisions relating to distribution,
import, sampling and detention.


A82 Testing requirement


A requirement for products to be tested against a given regulation,
such as MRL: This measure includes the cases where there is
sampling requirement.


Example: A test on a sample of orange imports is required to check
against the maximum residue level of pesticides.


A83 Certification requirement


Certification of conformity with a given regulation that is required
by the importing country but may be issued in the exporting or the
importing country.


Example: Certificate of conformity for materials in contact with
food (containers, papers, plastics, etc.) is required.




14 ClassifiCation of non-tariff Measures


A84 Inspection requirement


Requirement for product inspection in the importing country. It may
be performed by public or private entities. It is similar to testing, but
it does not include laboratory testing.


Example: Animals or plant parts must be inspected before entry
is allowed.


A85 Traceability requirements


Disclosure requirement of information that allows following a product
through the stages of production, processing and distribution.


A851 Origin of materials and parts


Disclosure of information on the origin of materials and
parts used in the final product.


Example: For vegetables, disclosure of information on the
location of the farm, name of the farmer or fertilisers used
may be required.


A852 Processing history


Disclosure of information on all stages of production:
may include their locations, processing methods and/or
equipment and materials used.


Example: For meat products, disclosure of information on
their slaughter house, as well as food-processing factory,
may be required.


A853 Distribution and location of products after delivery


Disclosure of information on when and how the goods
have been distributed from the time of their delivery to
distributors until they reach the final consumer.


Example: For rice, disclosure of information on the location
of its temporary storage facility may be required.


A859 Traceability requirements, n.e.s.


A86 Quarantine requirement


Requirement to detain or isolate animals, plants or their products
on arrival at a port or place for a given period in order to prevent the




February 2012 Version 15


spread of infectious or contagious disease, or contamination.


Example: Live dogs must be quarantined for two weeks before
entry into the territory is authorized. Plants need to be quarantined
to terminate or restrict the spread of harmful organisms.


A89 Conformity assessment related to SPS, n.e.s.


A9 SPS measures, n.e.s.


B TECHNICAL BARRIERS TO TRADE


Measures referring to technical regulations, and procedures for assessment
of conformity with technical regulations and standards, excluding measures
covered by the SPS Agreement.


A technical regulation is a document which lays down product characteristics
or their related processes and production methods, including the applicable
administrative provisions, with which compliance is mandatory. It may also
include or deal exclusively with terminology, symbols, packaging, marking
or labelling requirements as they apply to a product, process or production
method. A conformity assessment procedure is any procedure used, directly
or indirectly, to determine that relevant requirements in technical regulations or
standards are fulfilled; it may include, inter alia, procedures for sampling, testing
and inspection; evaluation, verification and assurance of conformity; registration,
accreditation and approval as well as their combinations.


Measures classified under B1 through B7 are technical regulations while those
under B8 are their conformity assessment procedures. Among the technical
regulations, those in B4 are related to production processes, while others are
applied directly to products.


B1 Prohibitions/restrictions of imports for objectives set out in
the TBT agreement


Such prohibitions/restrictions may be established for reasons related,
inter alia, to national security requirements; the prevention of deceptive
practices; protection of human health or safety, animal or plant life or
health, or the environment. Restrictions on the tolerance limits on residues
or use of certain substances contained in the final products are classified
under B2 below.




16 ClassifiCation of non-tariff Measures


B11 Prohibition for TBT reasons


Import prohibition for reasons set out in B1.


Example: Imports are prohibited for hazardous substances
including explosives, certain toxic substances covered by the
Basel Convention such as aerosol sprays containing CFCs, a
range of HCFCs and BFCs, halons, methyl chloroform and carbon
tetrachloride.


B14 Authorization requirement for TBT reasons


Requirement that the importer should receive authorization, permits
or approval from a relevant government agency of the destination
country, for reasons such as national security, environment
protection, etc.


Example: Imports must be authorized for drugs, waste and scrap,
and firearms, etc.


B15 Registration requirement for importers for TBT reasons


Requirement that importers should be registered in order to import
certain products. To register, importers may need to comply with
certain requirements, documentation and registration fees. It
also includes the cases when the registration of establishments
producing certain products is required.


Example: Importers of sensitive products such as medicines,
drugs, explosives, firearms, alcohol, cigarettes, game machines,
etc., may be required to be registered in the importing country.


B19 Prohibitions/restrictions of imports for objectives set out
in the TBT agreement, n.e.s.


B2 Tolerance limits for residues and restricted use of substances


B21 Tolerance limits for residues of or contamination by certain
substances


A measure that establishes a maximum level or tolerance limit of
substances, which are used during their production process but are
not their intended ingredients.




February 2012 Version 17


Example: Salt level in cement, or sulphur level in gasoline, must be
below specified amount.


B22 Restricted use of certain substances


Restriction on the use of certain substances as components or
material to prevent the risks arising from their use.


Examples: (a) Restricted use of solvents in paints, (b) maximum
level of lead allowed in consumer paint.


B3 Labelling, marking and packaging requirements


B31 Labelling requirements


Measures regulating the kind, colour and size of printing on packages
and labels and defining the information that should be provided
to the consumer. Labelling is any written, electronic, or graphic
communication on the packaging or on a separate but associated
label, or on the product itself. It may include requirements on the
official language to be used as well as technical information on the
product, such as voltage, components, instruction on use, safety
and security advice.


Example: Refrigerators need to carry a label indicating its size,
weight and electricity consumption level.


B32 Marking requirements


Measures defining the information for transport and customs that
the transport/distribution packaging of goods should carry.


Example: Handling or storage conditions according to type of
product, typically signs such as “FRAGILE” or “THIS SIDE UP”.
must be marked on the transport container.


B33 Packaging requirements


Measures regulating the mode in which goods must be or cannot
be packed, and defining the packaging materials to be used.


Example: Palletized containers or special packages need to be
used for the protection of sensitive or fragile products.




18 ClassifiCation of non-tariff Measures


B4 Production or post-production requirements


B41 TBT regulations on production processes


Requirement on production processes not classified under
SPS above. It also excludes those specific measures under B2:
Tolerance limits for residues and restricted use of substances
(or its subcategories).


Example: Use of environmentally friendly equipment is mandatory.


B42 TBT regulations on transport and storage


Requirements on certain conditions under which products should
be stored and/or transported.


Example: Medicines should be stored below a certain temperature.


B49 Production or post-production requirements, n.e.s.


B6 Product identity requirement


Conditions to be satisfied in order to identify a product with a certain
denomination (including biological or organic labels).


Example: In order for a product to be identified as “chocolate”, it must
contain a minimum of 30% cocoa.


B7 Product-quality or -performance requirement


Conditions to be satisfied in terms of performance (e.g. durability, hardness)
or quality (e.g. content of defined ingredients).


Example: Door must resist a certain minimum high temperature.


B8 Conformity assessment related to TBT


Requirement for verification that a given TBT requirement has been met: This
could be achieved by one or combined forms of inspection and approval
procedure, including procedures for sampling, testing and inspection;
evaluation, verification and assurance of conformity; accreditation and
approval.


B81 Product registration requirement


Product registration requirement in the importing country.




February 2012 Version 19


Example: Only the registered drugs and medicine may be imported.


B82 Testing requirement


A requirement for products to be tested against a given regulation,
such as performance level – includes sampling requirement.


Example: A testing on a sample of motor vehicle imports is required
against the required safety compliance and its equipment, etc.


B83 Certification requirement


Certification of conformity with a given regulation: required by
the importing country but may be issued in the exporting or the
importing country.


Example: Certificate of conformity for electric products is required.


B84 Inspection requirement


Requirement for product inspection in the importing country – may
be performed by public or private entities. It is similar to testing, but
does not include laboratory testing.


Example: Textile and clothing imports must be inspected for size
and materials used before entry is allowed.


B85 Traceability information requirements


Disclosure requirement of information that allows following a product
through the stages of production, processing and distribution .


B851 Origin of materials and parts


Disclosure of information on the origin of materials and
parts used in the final product.


Example: Manufactures of automobiles must keep the
record of the origin of the original set of tyres for each
individual vehicle.


B852 Processing history


Disclosure of information on all stages of production:
may include their locations, processing methods and/or
equipment and materials used.


Example: For wool apparel products, disclosure of
information on the origin of the sheep, location of the textile




20 ClassifiCation of non-tariff Measures


factory as well as the identity of the final apparel producer
may be required.


B853 Distribution and location of products after delivery


Disclosure of information on when and/or how the goods
have been distributed during any time after the production
and before the final consumption.


Example: Before placing imported cosmetic products
on the EU market, the person responsible must indicate
to the competent authority of the Member State where
the products were initially imported, the address of the
manufacturer or the address of the importer.


B859 Traceability requirements, n.e.s.


B89 Conformity assessment related to TBT, n.e.s.


B9 TBT measures, n.e.s.


C PRE-SHIPMENT INSPECTION AND OTHER FORMALITIES


C1 Pre-shipment inspection


Compulsory quality, quantity and price control of goods prior to shipment
from the exporting country, conducted by an independent inspecting
agency mandated by the authorities of the importing country.


Example: A pre-shipment inspection of textile imports by a third party for
verification of colours and types of materials is required.


C2 Direct consignment requirement


Requirement that goods must be shipped directly from the country of
origin, without stopping at a third country.


Example: Goods imported under a preferential scheme such as GSP
must be shipped directly from the country of origin in order to satisfy the
scheme’s rules of origin condition. (i.e. to guarantee that the products
have not been manipulated, substituted or further processed in any third
country of transit).




February 2012 Version 21


C3 Requirement to pass through specified port of customs


Obligation for imports to pass through a designated entry point and/or
customs office for inspection, testing, etc.


Example: DVD players need to be cleared at a designated customs office
for inspection.


C4 Import-monitoring and -surveillance requirements and other
automatic licensing measures


Administrative measures which seek to monitor the import value or volume
of specified products.


Example: An automatic import licence is required as an administrative
procedure for textile and apparel prior to importation.


C9 Other formalities, n.e.s.


D CONTINGENT TRADE-PROTECTIVE MEASURES


Measures implemented to counteract particular adverse effects of imports in the
market of the importing country, including measures aimed at unfair foreign trade
practices, contingent upon the fulfilment of certain procedural and substantive
requirements.


D1 Antidumping measure


A border measure applied to imports of a product from an exporter. These
imports are dumped and are causing injury to the domestic industry
producing a like product, or to third countries’ exporters of that product.
Dumping takes place when a product is introduced into the commerce
of an importing country at less than its normal value, generally where the
export price of the product is less than the comparable price, in the ordinary
course of trade, for the like product when destined for consumption in
the exporting country. Antidumping measures may take the form of
antidumping duties, or of price undertakings by the exporting firms.


D11 Antidumping investigation


An investigation initiated and conducted either following a complaint by the
domestic industry producing a like product or (in special circumstances)




22 ClassifiCation of non-tariff Measures


self-initiated by importing country authorities to determine whether
dumping of a product is occurring and injuring national producers (or a
third country’s exporters) of the like product. Provisional duties may be
applied during the investigation.


Example: An antidumping investigation was initiated by the European
Union in respect of imports of steel wire rod from country A.


D12 Antidumping duty


A duty levied on imports of a particular good originating from a
specific trading partner to offset injurious dumping found to exist via
an investigation. Duty rates are generally enterprise-specific.


Example: An antidumping duty of between 8.5 to 36.2% has been
imposed on imports of biodiesel products from country A.


D13 Price undertaking


An undertaking by an exporter to increase its export price (by
not more than the amount of the dumping margin) to avoid the
imposition of antidumping duties. Prices can be negotiated for this
purpose, but only after a preliminary determination that dumped
imports are causing injury.


Example: An antidumping case involving flat-rolled products of
grain oriented silicon-electrical steel resulted in the manufacturer
undertaking to raise its export price.


D2 Countervailing measure


A border measure applied to imports of a product to offset any direct
or indirect subsidy granted by authorities in an exporting country where
subsidized imports of that product from that country are causing injury to
the domestic industry producing the like product in the importing country.
Countervailing measures may take the form of countervailing duties, or
of undertakings by the exporting firms or by authorities of the subsidizing
country.


D21 Countervailing investigation


An investigation initiated and conducted either following a complaint
by the domestic industry producing the like product or (in special
circumstances) self-initiated by the importing country authorities




February 2012 Version 23


to determine whether the imported goods are subsidized and are
causing injury to national producers of the like product.


Example: A countervailing investigation was initiated by Canada
in respect of imports of oil country tubular goods from country A.


D22 Countervailing duty


A duty levied on imports of a particular product to offset the
subsidies granted by the exporting country on the production or
trade of that product, where an investigation has found that the
subsidized imports are causing injury to of the domestic industry
producing the like product.


Example: A countervailing duty of 44.71% has been imposed by
Mexico on imports of dynamic random access memory (DRAM)
semiconductors from country A.


D23 Undertaking


Either an undertaking by an exporter to increase its export price
(by not more than the amount of the subsidy), or an undertaking
by the authorities of the subsidizing country to eliminate or limit the
subsidy or take other measures concerning its effects, to avoid the
imposition of countervailing duties. Undertakings can be negotiated
only after a preliminary determination that subsidized imports are
causing injury.


Example: A countervailing duty investigation involving palm oil and
margarine for puff pastry from country A resulted in the government
of country A undertaking to fully eliminate the subsidy on that
product.


D3 Safeguard measures


D31 General (multilateral) safeguard


A temporary border measure imposed on imports of a product to
prevent or remedy serious injury caused by increased imports of
that product and to facilitate adjustment. A country may take a
safeguard action (i.e., temporarily suspend multilateral concessions)
in respect of imports of a product from all sources where an
investigation has established that increased imports of the product




24 ClassifiCation of non-tariff Measures


are causing or threatening to cause serious injury to the domestic
industry that produces like or directly competitive products.
Safeguard measures can take various forms, including increased
duties, quantitative restrictions, and others (e.g. tariff-rate quotas,
price-based measures, special levies, etc.).2


D311 Safeguard investigation


An investigation conducted by the importing country
authorities to determine whether the goods in question
are being imported in such increased quantities and under
such conditions as to cause or threaten to cause serious
injury to national producers of like or directly competitive
products.


Example: Country A has initiated a safeguard investigation
on imports of certain motorcycles.


D312 Safeguard duty


A temporary duty levied on imports of a particular product
to prevent or remedy serious injury from increased imports
(as established in an investigation), and to facilitate
adjustment. Where the expected duration of the measure
is more than one year, it must be progressively liberalized
during the period of application.


Example: A safeguard duty of three years’ duration has
been imposed on imports of “Gamma Ferric Oxide”. The
level will be 15% during the first year, 10% during the
second year, and 5% during the third year.


D313 Safeguard quantitative restriction


A temporary quantitative restriction on imports of a
particular product to prevent or remedy serious injury from
increased imports (as established in an investigation) and
to facilitate adjustment. Rules apply regarding the overall
level and the allocation of the quota. Where the expected
duration of the measure is more than one year, it must be
progressively liberalized during the period of application.


2 Although quantitative restrictions are prohibited by the WTO Agreements, under the Agreement
on Safeguards, safeguard measures in this form are permitted, subject to certain conditions.




February 2012 Version 25


Example: A quantitative safeguard measure (quota) of
three years’ duration has been implemented on imports of
certain steel products. The total level will be 10,000 tons
the first year, 15,000 tons the second year and 22,000 tons
the third year.


D314 Safeguard measure, other form


A safeguard measure in a form other than a duty or
quantitative restriction (which could include measures
combining duties and quantitative elements), applied to
prevent or remedy serious injury from increased imports (as
established in an investigation) and to facilitate adjustment.
Where the expected duration of the measure is more than
one year, it must be progressively liberalized during the
period of application.


Example: A safeguard measure of two years’ duration is
imposed on imports of dishwashers. During the first year,
a safeguard measure of $50 per unit will be applied to all
imported dishwashers with a c.i.f. price below $500 per
unit. During the second year, the safeguard measure will
not apply to the first 20,000 units of imports, regardless of
the prices of those units.


D32 Agricultural special safeguard


An agricultural special safeguard allows the imposition of an
additional tariff in response to a surge in imports or a fall in import
prices. The specific trigger levels for volume or price of imports are
defined at the country level. In the case of the volume trigger, the
additional duties only apply until the end of the year in question.
In the case of price triggers, the additional duty is imposed on a
shipment by shipment basis.


D321 Volume-based agricultural special safeguard


In this type of safeguard, an additional duty may be applied
if the volume of imports of designated agricultural product
exceeds a defined trigger quantity.


Example: An additional duty equal to one third the current




26 ClassifiCation of non-tariff Measures


applied duty is applied to imports of milk when the volume
of imports exceeds the trigger volume of 861 tons.


D322 Price-based agricultural special safeguard


In this type of safeguard, an additional duty may be applied
if the import price of a designated agricultural product falls
below a defined trigger price.


Example: An additional duty of 2.79 Php/kg is applied to
a shipment of frozen meat and offal of fowls of the species
Gallus domesticus when the c.i.f. import price of that
shipment is 20% below the trigger price of 93 Php/kg.


D39 Safeguard, n.e.s.


This category could include, e.g., special safeguard mechanisms
applicable to imports of a product under regional trade arrangements,
protocols of accession, or other agreements.


E NON-AUTOMATIC LICENSING, QUOTAS, PROHIBITIONS AND
QUANTITY-CONTROL MEASURES OTHER THAN FOR SPS OR TBT
REASONS


Control measures generally aimed at restraining the quantity of goods that
can be imported, regardless of whether they come from different sources or
one specific supplier. These measures can take the form of non-automatic
licensing, fixing of a predetermined quota, or through prohibitions.3 All measures
introduced for SPS and TBT reasons are classified in chapters A and B above.


E1 Non-automatic import-licensing procedures other than
authorizations for SPS or TBT reasons


An import-licensing procedure introduced, for reasons other than SPS or
TBT reasons, where approval is not granted in all cases. The approval may
either be granted on a discretionary basis or may require specific criteria to
be met before it is granted.


3 Most quantity control measures are formally prohibited by the GATT 1994, but can be applied
under specifically determined circumstances (e.g. article XI of GATT 1994; Agreement on
Safeguards.).




February 2012 Version 27


E11 Licensing for economic reasons


E111 Licensing procedure with no specific ex ante criteria


Licensing procedure where approval is granted at the
discretion of the issuing authority: may also be referred to
as a discretionary licence.


Example: Imports of textile products are subject to a
discretionary licence.


E112 Licensing for specified use


Licensing procedure where approval is granted only
for imports of products to be used for pre-specified
purpose: normally granted for use in operations generating
anticipated benefit in important domains of the economy.


Example: A licence to import high-energy explosives is
granted only if it is used for the mining industry.


E113 Licensing linked with local production


Licensing only for imports of products with linkage to local
production, including the local production level of the same
product, except for such licensing classified as trade-
related investment measures defined under Chapter I.


Example: A license to import gasoline is granted only if
domestic supply is insufficient.


E119 Licensing for economic reasons, n.e.s.


E12 Licensing for non-economic reasons


E121 Licensing for religious, moral or cultural reasons


Control of imports by licence for religious, moral or cultural
reasons.


Example: Imports of alcoholic beverages are permitted
only by hotels and restaurants.


E122 Licensing for political reasons


Control of imports by licence for political reasons.




28 ClassifiCation of non-tariff Measures


Example: Imports of all products from a given country are
subject to an import license.


E129 Licensing for non-economic reasons, n.e.s.


E2 Quotas


Restriction of importation of specified products through the setting of a
maximum quantity or value that is authorized for import: No imports are
allowed beyond those maximums.


E21 Permanent


Quotas of a permanent nature (i.e. they are applied throughout the
year, without a known date of termination of the measure) where the
importation can take place any time of the year.


E211 Global allocation


Permanent quotas where no condition is attached to the
country of origin of the product.


Example: A quota of 100 tons of fish where the importation
can take place any time of the year and there is no restriction
on the country of origin of the product.


E212 Country allocation


Permanent quotas where a fixed volume or value of the
product must originate in one or more countries.


Example: A quota of 100 tons of fish that can be imported
any time of the year, but where 75 tons must originate in
country A and 25 tons in country B.


E22 Seasonal quotas


Quotas of a permanent nature (i.e. they are applied every year,
without a known date of termination of the measure), where the
importation must take place during a given period of the year.


E221 Global allocation


Seasonal quotas where no condition is attached to the
country of origin of the product.


Example: An annual quota of 300 tons of seaweed where




February 2012 Version 29


the importation must take place between March and June
and there is no restriction on the country of origin of the
product.


E222 Country allocation


Seasonal quotas where a fixed volume or value of the
product must originate in one or more countries.


Example: An annual quota of 300 tons of seaweed where
the importation must take place during winter and 60 tons
must originate in country A, and 40 tons in country B.


E23 Temporary


Quotas that are applied for on a temporary basis (e.g. they are only
applied for one or two years), whether or not they are also seasonal
in nature.


E231 Global allocation


Temporary quotas where no condition is attached to the
country of origin of the product.


Example: An annual quota of 1,000 tons of fish and fish
meat that will only be applied for three years where there is
no restriction on the country of origin of the product.


E232 Country allocation


Temporary quotas where a fixed volume or value of the
product must originate in one or more countries.


Example: An annual quota of 1,000 tons of fish and fish
meat that will only be applied for three years, where the
imports must take place during the summer, and 700 tons
must originate in country A, 200 tons must originate in
country B and the remainder can originate in any country.


E3 Prohibitions other than for SPS and TBT reasons


Prohibition on the importation of specific products for reasons other than
SPS (A1) or TBT (B1) reasons.


E31 Prohibition for economic reasons




30 ClassifiCation of non-tariff Measures


E311 Full prohibition (import ban)


Prohibition without any additional condition or qualification


Example: Imports of motor vehicle with cylinder under
1500cc are not allowed, to encourage domestic production.


E312 Seasonal prohibition


Prohibition of imports during a given period of the year: This
is usually applied to certain agricultural products while the
domestic harvest is in abundance.


Example: Imports of strawberries are not allowed from
March to June each year.


E313 Temporary prohibition, including suspension of
issuance of licences


Prohibition set for a given fixed period of time unrelated to
a specific season: usually for urgent matters not covered
under the safeguard measures above.


Example: Imports of certain fish are prohibited with
immediate effect until the end of the current season.


E314 Prohibition of importation in bulk


Prohibition of importation in a large-volume container:
Importation is only authorized if the product is packed in
a small retail container, which increases per unit cost of
imports.


Example: Import of wine is allowed only in a bottle of 750
ml or less.


E315 TProhibition of products infringing patents or other
intellectual property rights


Prohibition of copies or imitations of patented or
trademarked products.


Example: Import of imitation brand handbags is prohibited.


E316 Prohibition of used, repaired or remanufactured
goods


Prohibition to import goods that are not new.




February 2012 Version 31


Example: Prohibition to import used cars.


E319 Prohibition for economic reasons, n.e.s.


E32 Prohibition for non-economic reasons


E321 Prohibition for religious, moral or cultural reasons


Prohibition of imports for religious, moral or cultural reasons
not established in technical regulations.


Example: Imports of books and magazines displaying
pornographic pictures are prohibited.


E322 Prohibition for political reasons (embargo)


Prohibition of imports from a country or group of countries,
applied for political reasons.


Example: Imports of all goods from country A are
prohibited in retaliation to that country’s testing of nuclear
bombs.


E329 Prohibition for non-economic reasons, n.e.s.


E5 Export-restraint arrangement


An arrangement by which an exporter agrees to limit exports in order to
avoid imposition of restrictions by the importing country, such as quotas,
raised tariffs or any other import controls.4 The arrangement may be
concluded at either the government or industry level.


E51 Voluntary export-restraint arrangements (VERs)


Arrangements made by government or industry of an exporting
country to voluntarily limit exports in order to avoid imposition of
mandatory restrictions by the importing country. Typically, VERs
are a result of requests made by the importing country to provide
a measure of protection for its domestic businesses that produce
substitute goods.


4 Such arrangements are formally prohibited by the WTO Agreements.




32 ClassifiCation of non-tariff Measures


E511 Quota agreement


A VER agreement that establishes export quotas.


Example: A bilateral quota on export of motor vehicles
from country A to country B was established to avoid
sanction by the latter.


E512 Consultation agreement


A VER agreement that provides for consultation with a view to
introducing restrictions (quotas) under certain circumstances.


Example: An agreement was reached to
restrict export of cotton from country C to
country D in case the volume of export exceeds
$2 million tons in the previous month.


E513 Administrative cooperation agreement


A VER agreement that provides for administrative
cooperation with a view to avoiding disruptions in bilateral
trade.


Example: An agreement was reached between country E
and country F to cooperate to prevent a sudden surge in
exports.


E59 Export-restraint arrangements, n.e.s.


E6 Tariff-rate quotas (TRQ)


A system of multiple tariff rates applicable to a same product: The lower
rates apply up to a certain value or volume of imports, and the higher rates
are charged on imports which exceed this amount.


Example: Rice may be imported free of duty up to the first 100,000 tons,
after which it is subject to a tariff rate of $1.5 per kg.


E61 WTO-bound TRQs, included in WTO schedules (concessions
and commitments under WTO negotiations)


E611 Global allocation


WTO-bound TRQs where no condition is attached to the




February 2012 Version 33


country of origin of the product.


Example: A WTO TRQ provides for duty-free import of milk
and cream up to 2,000 tons with no condition attached to
the country of origin.


E612 Country allocation


WTO-bound TRQs where a fixed volume or value of the
product must originate in one or more countries.


Example: A WTO TRQ of 200,000 tons of poultry with an
in-quota duty of 12% is available, and half of the quantity
must originate from country A.


E62 Other TRQs included in other trade agreements.


E621 Global allocation


Non-WTO TRQs where no condition is attached to the
country of origin of the product.


Example: A non-WTO TRQ is available for 40,000 tons of
beef with no condition attached to the country of origin.


E622 Country allocation


Non-WTO bound TRQs where a fixed volume or value of
the product must originate in one or more countries.


Example: Fresh bananas from country A can be imported
duty free up to 4,000 tons.


E9 Quantity control measures, n.e.s.


F PRICE-CONTROL MEASURES, INCLUDING ADDITIONAL TAXES
AND CHARGES


Measures implemented to control or affect the prices of imported goods in
order to, inter alia, support the domestic price of certain products when the
import prices of these goods are lower; establish the domestic price of certain
products because of price fluctuation in domestic markets, or price instability
in a foreign market; or to increase or preserve tax revenue. This category also
includes measures other than tariffs measures that increase the cost of imports
in a similar manner, i.e. by fixed percentage or by a fixed amount. They are also
known as para-tariff measures.




34 ClassifiCation of non-tariff Measures


F1 Administrative measures affecting customs value


Setting of import prices by the authorities of the importing country by
taking into account the domestic prices of the producer or consumer.
It could take the form of establishing floor- and ceiling-price limits; or
reverting to determined international market values. There may be different
price setting, such as minimum import prices or prices set according to a
reference.


F11 Minimum import prices


Pre-established import price below which imports cannot take place.


Example: A minimum import price is established for fabric and
apparel.


F12 Reference prices


Pre-established import price which authorities of the importing
country use as reference to verify the price of imports.


Example: Reference prices for agricultural products are based on
the farm-gate price, which is the net value of the product when it
leaves the farm, after marketing costs have been subtracted.


F19 Other administrative measures affecting the customs value,
n.e.s.


F2 Voluntary export-price restraints (VEPRs)


An arrangement in which the exporter agrees to keep the price of the
goods above a certain level:5 A VEPR process is initiated by the importing
country and is thus considered as an import measure.


Example: The export price of video cassette tapes is set higher in order to
defuse trade friction with major importing countries.


F3 Variable charges


Taxes or levies aimed at bringing the market prices of imported products


5 These measures are prohibited by the WTO Agreements. Under the Agreements on Antidumping
and on Subsidies and Countervailing Measures, however, measures in the form of price
undertakings are permitted under certain conditions. See D13 and D23 for examples.




February 2012 Version 35


in line with the prices of corresponding domestic products:6 Primary
commodities may be charged per total weight, while charges on processed
foodstuffs can be levied in proportion to the primary product contents in
the final product. These charges include:


F31 Variable levies


A tax or levy whose rate varies inversely with the price of imports to
keep a stable price in the home country: applied mainly to primary
products and may be called flexible import fee.


Example: The target price for a seed is $700 per ton; since the
world price is $500, there is a levy for $200. If the world price
changed to $600, the levy would change to $100.


F32 Variable components


A tax or levy whose rate includes an ad valorem component
and a variable component: These charges are applied mainly
to processed products where the variable part is applied on the
primary products or ingredients included the final product. It may be
called compensatory element.


Example: A tariff rate on sugar confectionary is set as “25% plus
$25 per kg of contained sugar minus the price per kg of sugar”.


F39 Variable charges n.e.s


F4 Customs surcharges


An ad hoc tax levied solely on imported products in addition to customs
tariff to raise fiscal revenues or to protect domestic industries.


Example: Customs surcharge, surtax or additional duty.


F5 Seasonal duties


Duties applicable at certain times of the year, usually in connection with
agricultural products.


Example: Imports of fresh perry pears, in bulk from 1 August to 31
December may enter free of duty, while in other months, seasonal duties
applied.


6 These measures are prohibited by the WTO Agreement on Agriculture, article 4.




36 ClassifiCation of non-tariff Measures


F6 Additional taxes and charges levied in connection to services
provided by the government


Additional charges, which are levied on imported goods in addition to
customs duties and surcharges and which have no internal equivalents.7
They include:


F61 Custom-inspection, -processing and -servicing fees


F62 Merchandise-handling or -storing fees


F63 Tax on foreign exchange transactions


F64 Stamp tax


F65 Import licence fee


F66 Consular invoice fee


F67 Statistical tax


F68 Tax on transport facilities


F69 Additional charges, n.e.s.


F7 Internal taxes and charges levied on imports


Taxes levied on imports that have domestic equivalents.8


F71 Consumption taxes


A tax on sales of products which are generally applied to all or most
products.


Example: Sales tax, turnover tax (or multiple sales tax), value
added tax.


F72 Excise taxes


A tax imposed on selected types of commodities, usually of a
luxurious or non-essential nature. This tax is levied separately from,


7 It should be noted that article VIII of GATT states that fees and charges other than customs
duties and internal taxes “shall be limited in amount to the approximate cost of services rendered
and shall not represent an indirect protection to domestic products or a taxation of imports or
exports for fiscal purposes”.


8 Article III of the GATT Agreement allows internal taxes to be applied to imports; however, these
taxes should not be higher than those applied to similar domestic products.




February 2012 Version 37


and in addition to, the general sales taxes.


Example: Excise tax, tax on alcoholic consumption, cigarette tax.


F73 Taxes and charges for sensitive product categories


Charges that include emission charges, (sensitive) product taxes
and administrative charges: The latter charges are meant to recover
the costs of administrative control systems.


Example: CO2 emission charge on motor vehicles.


F79 Internal taxes and charges levied on imports, n.e.s.


F8 Decreed customs valuations


Value of goods determined by a decree for the purpose of imposition of
customs duties and other charges: This practice is presented as a means
to avoid fraud or to protect domestic industry. The decreed value de facto
transforms an ad valorem duty into a specific duty.


Example: the so-called “valeur mercuriale” in Francophone countries.


F9 Price-control measures, n.e.s


G FINANCE MEASURES


Finance measures are intended to regulate the access to and cost of foreign
exchange for imports and define the terms of payment. They may increase
import costs in the same manner as tariff measures.


G1 Advance payment requirement


Advance payment requirements related to the value of the import
transaction and/or related import taxes: These payments are made at the
time an application is lodged, or when an import licence is issued. They
can consist of:


G11 Advance import deposit


A requirement that the importer should deposit a percentage of
the value of the import transaction before receiving the goods: No
interest is paid on the deposits.


Example: Payment of 50% of the transaction value is required three




38 ClassifiCation of non-tariff Measures


months before the expected arrival of the goods to the port of entry.


G12 Cash margin requirement


A requirement to deposit the total amount of the transaction value
in a foreign currency, or a specified part of it, in a commercial bank,
before the opening of a letter of credit.


Example: Deposit of 100% of the transaction value is required at
the designated commercial bank.


G13 Advance payment of customs duties


A requirement to pay all or part of the customs duties in advance:
No interest is paid on these advance payments.


Example: Payment of 100% of the estimated customs duty is
required three months before the expected arrival of the goods to
the port of entry.


G14 Refundable deposits for sensitive product categories


A requirement to pay a certain deposit which is refunded when the
used product or its container is returned to a collection system.


Example: A $100-deposit is required for each refrigerator, which
will be refunded when brought in for recycling after use.


G19 Advance payment requirements, n.e.s.


G2 Multiple exchange rates


Varying exchange rates for imports, depending on the product category:
Usually, the official rate is reserved for essential commodities, while the
other goods must be paid at commercial rates or occasionally by buying
foreign exchange through auctions.9


Example: Only the payment for infant food and staple food imports may
be made at the official exchange rate.


G3 Regulation on official foreign exchange allocation


G31 Prohibition of foreign exchange allocation


9 The use of multiple exchange rates is formally prohibited by the GATT 1994.




February 2012 Version 39


No official foreign exchange allocations are available to pay for imports.


Example: Foreign exchange is not allocated for imports of luxury
products such as motor vehicles, TV sets, jewellery, etc.


G32 Bank authorization


A requirement to obtain a special import authorization from the
central bank.


Example: For imports of motor vehicles, a central bank permit is
required in addition to the import licence.


G33 Authorization linked with non-official foreign exchange


Licence granted only if non-official foreign exchange is used for the
import payment.


G331 External foreign exchange


Licence granted only for imports related to technical
assistance projects and other sources of external foreign
exchange.


Example: Imports of construction materials are allowed
only if payments may be made through the foreign direct
investment fund.


G332 Importers’ own foreign exchange


Licence granted if the importer holds foreign exchange in
an overseas bank.


Example: Imports of textile materials are authorized only
if the importer can pay directly to the exporter with foreign
exchange obtained export activity abroad.


G339 Licence linked with non-official foreign exchange,
n.e.s.


G39 Regulation on official foreign exchange allocation, n.e.s.


G4 Regulations concerning terms of payment for imports


Regulations related to conditions of payment of imports and the obtaining
and use of credit (foreign or domestic) to finance imports.




40 ClassifiCation of non-tariff Measures


Example: No more than 50% of the transaction value can be paid in
advance of the arrival of goods to the port of entry.


G9 Finance measures, n.e.s.


H MEASURES AFFECTING COMPETITION


Measures to grant exclusive or special preferences or privileges to one or more
limited group of economic operators.


H1 State-trading enterprises, for importing; other selective
import channels


H11 State-trading enterprises, for importing


Enterprises (whether or not State-owned or -controlled) with special
rights and privileges not available to other entities, which influence
through their purchases and sales the level or direction of imports
of particular products (See also P21).


Example: A statutory marketing board with exclusive rights
to control imports of certain grains, a canalizing agency with an
exclusive right to distribute petroleum, a sole importing agency
or importation reserved for specific importers regarding certain
categories of goods.


H19 Other selective import channels, n.e.s.


H2 Compulsory use of national services


H21 Compulsory national insurance


A requirement that imports must be insured by a national insurance
company.


H22 Compulsory national transport


A requirement that imports must be carried by a national shipping
company.


H29 Compulsory national service, n.e.s.


H9 Measures affecting competitions, n.e.s.




February 2012 Version 41


I TRADE-RELATED INVESTMENT MEASURES10, 11


I1 Local content measures


Requirements to purchase or use certain minimum levels or types of
domestically produced or sourced products, or restrictions on the purchase
or use of imported products based on the volume or value of exports of
local products.


Example: In the production of automobiles, locally produced components
must account for at least 50% of the value of the components used.


I2 Trade-balancing measures


Restrictions on the importation of products used in or related to local
production, including in relation to the amount of local products exported;
or limitations on access to foreign exchange used for such importation
based on the foreign exchange inflows attributable to the enterprise in
question.


Example: A company may import materials and other products only up to
80% of its export earnings of the previous year.


I9 Trade-related investment measures, n.e.s


J DISTRIBUTION RESTRICTIONS


Distribution of goods inside the importing country may be restricted. It may be
controlled through additional license or certification requirements.12


J1 Geographical restriction


Restriction to limit the sales of goods to certain areas within the importing
country.


Example: Imported beverages may only be sold in cities having a facility
to recycle the containers.


10 Subject to certain exceptions, the measures listed in I1-I2 are inconsistent with the TRIMs Agreement
(respectively, the obligations of national treatment under article III and general elimination of QRs
under article XI of GATT 1994). See Illustrative List annexed to the TRIMs Agreement.


11 Trade-related investment measures in the form of export restrictions are included in category P1.
12 These restrictions are closely related to regulations of distribution services.




42 ClassifiCation of non-tariff Measures


J2 Restriction on resellers


Restriction to limit the sales of imported products by designated retailers.


Example: Exporters of motor vehicles need to set up their own retail


points, as existing car dealers in the destination country belong exclusively


to car producers in that country.


K RESTRICTIONS ON POST-SALES SERVICES


Measures restricting producers of exported goods to provide post-sales service


in the importing country.


Example: After-sales servicing on exported TV sets must be provided by a local


service company of the importing country.


L SUBSIDIES (excluding export subsidies under P7)


Financial contribution by a government or public body, or via government


entrustment or direction of a private body (direct or potential direct transfer


of funds: e.g. grant, loan, equity infusion, guarantee; government revenue


foregone; provision of goods or services or purchase of goods; payments to a


funding mechanism), or income or price support, which confers a benefit and is


specific (to an enterprise or industry or group thereof, or limited to a designated


geographical region).


Example: The government provides producers of chemicals a one-time cash


grant to replace antiquated production equipment.


Note: This category is to be further subdivided after further study on


the subject.


M GOVERNMENT PROCUREMENT RESTRICTIONS


Measures controlling the purchase of goods by government agencies, generally


by preferring national providers.


Example: A government office has a traditional supplier of its office equipment


requirement, in spite of higher prices than similar foreign suppliers.




February 2012 Version 43


N INTELLECTUAL PROPERTY


Measures related to intellectual property rights in trade: Intellectual property
legislation covers patents, trademarks, industrial designs, layout designs of
integrated circuits, copyright, geographical indications and trade secrets.


Example: Clothing with unauthorized use of trademark is sold at much lower
price than the authentic products.


O RULES OF ORIGIN


Rules of origin cover laws, regulations and administrative determinations of
general application applied by government of importing countries to determine
the country of origin of goods. Rules of origin are important in implementing
trade policy instruments such as antidumping and countervailing duties, origin
marking and safeguard measures.


Example: Machinery products produced in a country are difficult to fulfil the
rules of origin to qualify for the reduced tariff rate of the importing country, as the
parts and materials originate in different countries.


P EXPORT-RELATED MEASURES


Export-related measures are measures applied by the government of the
exporting country on exported goods.


P1 Export-license, -quota, -prohibition and other quantitative
restrictions13


Restrictions to the quantity of goods exported to a specific country or
countries by the government of the exporting country for reasons such as
a shortage of goods in the domestic market, regulating domestic prices,
avoiding antidumping measures or for political reasons.14


13 Trade-related investment measures in the form of export restrictions are included in this category.
14 All of these measures are formally prohibited by GATT 1994, but may be applied under specific


situations identified in article XI of GATT 1994.




44 ClassifiCation of non-tariff Measures


P11 Export prohibition


Prohibition of exports of certain products.


Example: Export of corn is prohibited because of a shortage in
domestic consumption.


P12 Export quotas


Quotas that limit value or volume of exports.


Example: An export quota of beef is established to guarantee
adequate supply in the domestic market.


P13 Licensing- or permit requirements to export


A requirement to obtain a licence or a permit by the government of
the exporting country to export products.


Example: Exports of diamond ores are subject to licensing by the
Ministry.


P14 Export registration requirements


A requirement to register products before being exported (for
monitoring purposes).


Example: Pharmaceutical products need to be registered before
being exported.


P19 Export quantitative restrictions, n.e.s.


P2 State-trading enterprises, for exporting; other selective export
channels


P21 State-trading enterprises, for exporting


Enterprises (whether or not State-owned or -controlled) with special
rights and privileges not available to other entities, which influence
through their purchases and sales the level or direction of exports
of particular products (See also H1).


Example: An export monopoly board, to take advantage of terms
of sale abroad; a marketing board, to promote for export on behalf
of a large number of small farmers.


P29 Other selective export channels, n.e.s.




February 2012 Version 45


P3 Export price-control measures


Measures implemented to control the prices of exported products.


Example: Different prices for exports are applied from the same product
sold in the domestic market (dual pricing schemes).


P4 Measures on re-export


Measures applied by the government of the exporting country on exported
goods which have originally been imported from abroad.


Example: Re-export of wines and spirits back to the producing county
is prohibited. The practice is common in cross-border trade to avoid
imposition of domestic excise tax in the producing country.


P5 Export taxes and charges


Taxes collected on exported goods by the government of the exporting
country: they can be set either on a specific or an ad valorem basis.


Example: An export duty on crude petroleum is levied for revenue
purposes.


P6 Export technical measures


Export regulations referring to the technical specification of products and
conformity assessment systems thereof:


P61 Inspection requirement


Control over the quality or other characteristics of products for
export.


Example: Exports of processed food products must be inspected
for sanitary conditions.


P62 Certification required by the exporting country


Requirement by the exporting country to obtain sanitary,
phytosanitary or other certification before the goods are exported.


Example: Export of live animals must carry individual health
certificates.


P69 Export technical measures, n.e.s.




46 ClassifiCation of non-tariff Measures


P7 Export subsidies


Financial contribution by a government or public body, or via government
entrustment or direction of a private body (direct or potential direct transfer
of funds: e.g. grant, loan, equity infusion, guarantee; government revenue
foregone; provision of goods or services or purchase of goods; payments to
a funding mechanism), or income or price support, which confers a benefit
and is contingent in law or in fact upon export performance (whether solely
or as one of several conditions), including measures illustrated in annex I of
the Agreement on Subsidies and Countervailing Measures and measures
described in the Agreement on Agriculture.


Example: All manufacturers in country A are exempt from income tax on
their export profits.


P8 Export credits


P9 Export measures, n.e.s.




February 2012 Version 47


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