| I. ECONOMIC DATA
(a) most recently available import and export statistics by value
and volume, by supplier country at the HS 8-digit level
(b) current account data on services, by source and destination
in line with the statistical requirements of the IMF
(c) capital account data for inward- and outward-realized foreign
direct investment by source and destination in line with the statistical
requirements of the IMF
(d) the value of tariff revenues, non-tariff taxes, and other border
charges levied exclusively on imports by product or at the highest
level of detail possible, but at least by HS heading (4?digit) at
the beginning of the review mechanism
(e) the value of export duties/taxes by product
(f) the volume of trade subject to tariff exemptions by product
or at the highest level of detail possible, but at least by HS heading
(4-digit) at the beginning of the review mechanism
(g) the value of commissions, mark ups and other fees charged on
imports subject to state trading or designated trading imposed through
government regulation or guidance, if any
(h) the shares of imports and exports accounted for by the trading
activities of state-owned enterprises
(i) annual economic development programmes, China's five-year programmes
and any industrial or sectoral programmes or policies (including
programmes relating to investment, export, import, productions,
pricing or other targets, if any) promulgated by central and sub-central
government entities
(j) annual receipts under the Value-Added Tax (VAT), with separate
information for imports and domestic products as well as information
on VAT rebates
II. ECONOMIC POLICIES
1. Non-Discrimination (to be notified to the Council for Trade
in Goods)
(a) the repeal and cessation of all WTO inconsistent laws, regulations
and other measures on national treatment
(b) the repeal or modification to provide full GATT national treatment
in respect of laws, regulations and other measures applying to internal
sale, offering for sale, purchase, transportation, distribution
or use of: after sales service, pharmaceutical products, cigarettes,
spirits, chemicals and boiler and pressure vessels (for pharmaceutical
products, chemicals and spirits there is a reservation of the right
to use a transitional period of one year from the date of accession
in order to amend or repeal relevant legislation)
2. Foreign Exchange and Payments (to be notified to the Committee
on Balance-of-Payments Restrictions)
(a) exchange measures as required under Article VIII, Section 5
of the IMF's Articles of Agreement and such other information on
China's exchange measures as was deemed necessary in the context
of the transitional review mechanism
3. Investment Regime (to be notified to the Committee on Trade-Related
Investment Measures)
(a) completed revisions to investment guidelines in conformity
with the WTO Agreement
4. Pricing Policies (to be notified to the Committee on Subsidies
and Countervailing Measures)
(a) application of existing or any other price controls and the
reason for their use
(b) pricing mechanisms of China's state trading enterprises for
exported products
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES
1. Structure and Powers of the Government/Authority of Sub-Central
Governments/Uniform Administration (to be notified to the General
Council)
(a) revision or enactment of domestic laws, regulations and other
measures related to China's commitments under the WTO Agreement
and Protocol, including those of local governments at the sub-national
level, that have been promulgated since accession or the previous
meeting of the relevant body under the Transitional Review Mechanism
(b) establishment and operation (upon accession) of the mechanism
pursuant to Section 2(A), paragraph 4 of the Protocol under which
individuals and enterprises can bring cases of non-uniform application
of the trade regime to the attention of national authorities
IV. POLICIES AFFECTING TRADE IN GOODS
1. Tariff Rate Quotas (to be notified to the Committee on Market
Access)
(a) administration of TRQs on a transparent, predictable, uniform,
fair and non-discriminatory basis using clearly specified timeframes,
administrative procedures and requirements and evidence of a consistent
national allocation (and reallocation) policy including:
(i) provision of volume/value of the quota or TRQ made available;
(ii) reallocated quota or TRQ applied for;
(iii) the volume/value of requests for allocation or reallocation
denied;
(iv) fill rates for the quota or TRQ;
(v) for TRQs, the amount of any goods entered at the over quota
rate; and
(vi) time taken to grant a quota or TRQ allocation.
2. Non-Tariff Measures including Quantitative Import Restrictions
(to be notified to the Committee on Market Access)
(a) the introduction, re-introduction or application of any non-tariff
measures other than those listed in Annex 3 of the Protocol and
elimination of non-tariff measures
(b) implementation of the schedule for phased elimination of the
measures contained in Annex 3
(c) quota allocation and reallocation in conformity with WTO requirements,
including the Agreement on Licensing Procedures following criteria
set out in the Report of the Working Party on the Accession of China
("Report ")
(d) distribution licences, quotas, tariff rate quotas or any other
means of approval for importation are not subject to conditions
set out in Section 7, paragraph 3 of the Protocol
3. Import Licensing (to be notified to the Committee on Import
Licensing)
(a) implementation of the provisions of the Agreement on Import
Licensing Procedures and the WTO Agreement applying the measures
set out in Section 8 of the Protocol including provision of the
time taken to grant an import licence
4. Customs Valuation (to be notified to the Committee on Customs
Valuation)
(a) the use of valuation methods, other than the stated transaction
value
5. Export Restrictions (to be notified to the Council for Trade
in Goods)
(a) any restrictions on exports through non-automatic licensing
or other means justified by specific product under the WTO Agreement
or the Protocol
6. Safeguards (to be notified to the Committee on Safeguards)
(a) implementation of China's Regulation on Safeguards
7. Technical Barriers to Trade (to be notified to the Committee
on Technical Barriers to Trade)
(a) notification of acceptance of the Code of Good Practice not
later than four months after China's accession
(b) periodic review of existing standards of government standardizing
bodies and harmonization of the same with relevant international
standards where appropriate
(c) revision of current voluntary national, local and sectoral
standards so as to harmonize them with international standards
(d) use of the terms "technical regulations" and "standards"
according to their meaning under the TBT Agreement in China's notifications
under the TBT Agreement, including under Article 15.2 thereof and
publications referenced therein, and in modifications of existing
measures
(e) review of technical regulations every five years to ensure
international standards are used in accordance with Article 2.4
of the Agreement and provision for adoption of international standards
as the basis for technical regulation as part of its notification
under Article 15.2 of the Agreement
(f) progress report on increase of the use of international standards
as the basis for technical regulations by ten per cent in five years
(g) provision of procedures to implement Article 2.7 of the Agreement
(h) provision of a list of relevant local governmental and non-governmental
bodies that are authorized to adopt technical regulations or conformity
assessment procedures as part of China's notification under Article
15.2 of the Agreement
(i) ongoing updates on the conformity assessment bodies that are
recognized by China
(j) enactment and implementation of a new law and relevant regulations
regarding assessment and control of chemicals for the protection
of the environment in which complete national treatment and full
consistency with international practices would be ensured within
one year after China's accession following conditions set out in
3(t) of the TBT Working Party Report
(k) information on whether, one year after accession, all conformity
assessment bodies and agencies are authorized to undertake conformity
assessment for both imported and domestic products and are following
the conditions outlined in Section 13, subparagraph 4(a) of the
Protocol
(l) assignment of the respective responsibilities of China's conformity
assessment bodies solely on the basis of the scope of work and type
of product without any consideration of the origin of a product
no later than eighteen months after accession
(m) notification of the respective responsibilities assigned to
China's conformity assessment bodies to the TBT committee 12 months
after accession
8. Trade-Related Investment Measures (to be notified to the Committee
on Trade-Related Investment Measures)
(a) elimination and cessation of enforcement of trade and foreign
exchange balancing requirements, local content and export performance
offsets and technology transfer requirements made effective through
laws, regulations or other measures
(b) amendments to ensure lifting of all measures applicable to
motor vehicle producers restricting the categories, types or models
of vehicles permitted for production (to be completely removed two
years after accession)
(c) increased limits within which investments in motor vehicle
manufacturing could be approved at the provincial government at
the levels outlined in the Report
9. State Trading Entities (to be notified to the Council for Trade
in Goods)
(a) progressive abolishment of state trading in respect of silk
measures, increasing and extending trading rights, granting the
right to trade to all individuals no later than 1 January 2005
(b) access to supplies of raw materials in the textiles sector
at conditions no less favourable than for domestic users, and not
adversely affected access to supplies of raw materials as enjoyed
under existing arrangements
(c) progressive increases in access by non state trading entities
to trade in fertilizer and oil and the filling of quantities available
for import by non state trading entities
10. Government Procurement (to be notified to the Council for Trade
in Goods)
(a) laws, regulations and procedures
(b) procurement in a transparent manner and application of the
MFN principle
V. POLICIES AFFECTING TRADE IN SERVICES (to be notified to the
Council for Trade in Services)
(a) regularly updated lists of all laws, regulations, administrative
guidelines and other measures affecting trade in each service sector
or sub-sector indicating, in each case, the service sector(s) or
sub-sector(s) they apply to, the date of publication and the date
of entry into force
(b) China's licensing procedures and conditions, if any, between
domestic and foreign service suppliers, measures implementing the
free choice of partner and list of transport agreements covered
by MFN exceptions
(c) regularly updated lists of the authorities, at all levels of
government (including organizations with delegated authority) which
are responsible for the adoption, implementation and reception of
appeals for laws, regulations, administrative guidelines and other
measures affecting trade in services
(d) independence of the regulatory authorities from the service
suppliers
(e) foreign and domestic suppliers in sectors where specific commitments
have been undertaken indicating the state of play of licensing applications
on sector and sub-sector levels (accepted, pending, rejected)
VI. TRADE-RELATED INTELLECTUAL PROPERTY REGIME (to be notified
to the Council for Trade-Related Aspects of Intellectual Property
Rights)
(a) amendments to Copyright, Trademark and Patent Law, as well
as relevant implementing rules covering different areas of the TRIPS
Agreement bringing all such measures into full compliance with and
full application of the TRIPS Agreement and the protection of undisclosed
information
(b) enhanced IPR enforcement efforts through the application of
more effective administrative sanctions as described in the Report
VII. SPECIFIC QUESTIONS IN THE CONTEXT OF THE TRANSITIONAL REVIEW
MECHANISM (to be notified to the General Council or relevant subsidiary
body)
(a) response to specific questions in the context of the transitional
review mechanism received from the General Council or a subsidiary
body
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