Council for Trade in Goods - Procedure for the introduction of multiple changes to the harmonized system to schedules of concessions using the consolidated tariff schedules (CTS) database - Draft Decision

Procedure for the Introduction of MULTIPLE CHANGES TO THE Harmonized
System to Schedules of Concessions using the Consolidated
Tariff Schedules (CTS) database

Draft DECISION

The General Council,

 

Having regard to Articles IV:2 and IX:1 of the WTO Agreement;

 

Recalling that the contracting parties to the GATT 1947, by their Decision of 12 July 1983[1], agreed on a method to introduce the Harmonized System (HS) into schedules of concessions;

 

Recalling that the contracting parties to the GATT 1947, by their Decision of 8 October 1991[2], decided on simplified procedures to introduce HS changes to schedules of concessions;

 

Noting that WTO Members established a Consolidated Tariff Schedule (CTS) database which, although not legally binding, could serve as a valuable tool for the verification and certification of commitments;

 

Taking into account the desire of Members to facilitate and simplify the introduction of HS changes into WTO schedules by making a better use of the CTS database;

 

Decides that:

 

1  MULTIPLE TRANSPOSITION OF MEMBERS' SCHEDULES OF CONCESSIONS

1._       This procedure allows Members with WTO Schedules of concessions certified in old versions of the Harmonized System (HS) nomenclature to update them directly into the most recent version of the HS by implementing multiple transpositions under the same procedure, in a way that is compatible with existing individual transposition decisions. For the purpose of this decision, the most recent version of the Harmonized System is the seventh edition (HS 2022). This means that, for example, Schedules of concessions which are currently certified in HS 2002 would be transposed four times sequentially to HS 2022 under a single transposition procedure, covering changes from HS 2002 to HS 2007, from HS 2007 to HS 2012, from HS 2012 to HS 2017 and from HS 2017 to HS 2022.

2._       The procedures, methodologies and correlation tables of the multiple transpositions shall be based on the previously adopted decisions for the introduction of the Harmonized System changes of HS 2007[3], HS 2012[4], HS 2017[5] and HS 2022[6] with the modifications provided below.

3._       This decision will enter into force subject to the availability of resources by the Secretariat.

2  PREPARATION AND DISTRIBUTION OF THE DRAFT MULTIPLE TRANSPOSITION FILE

4._       The Secretariat shall prepare the material necessary for the multiple transposition of the Schedules of concerned Members upon their request and depending on the availability of resources to the Secretariat. Priority will be given to the Schedules of Members which are certified in an older version of the nomenclature (e.g. HS 2002). If the Secretariat is requested to prepare a multiple transposition file for multiple Members whose Schedules are certified in the same older version of the nomenclature, priority will be given to the Schedules of least developed and developing Members as appropriate. Members wishing to undertake their own multiple transposition shall inform the Secretariat in writing before starting this work so that the review of their draft multiple transposition file can be planned by the Secretariat, taking into account regular transposition work. In case additional information is required, the Member shall promptly provide it to the Secretariat.

5._       The multiple transposition work shall be based on each Member's latest certified Schedule, as reflected in the Consolidated Tariff Schedule (CTS) database.

6._       In preparing the multiple transposition file, and to the extent possible, the scope of the concessions and other commitments shall remain unchanged. Any tariff line for which a change in the scope of a concession may have occurred due to the complex technical nature of the transposition shall be clearly flagged. Paragraph 4 of Annex 2 and paragraph 17 below describe how these situations shall be addressed.

2.1  Multiple transposition work by the Secretariat

7._       The Secretariat shall introduce into the Member's Schedule, as reflected in the CTS database, all changes resulting from all the relevant amendments to the HS nomenclature.[7] The Secretariat shall update all the tariff codes and descriptions that change due to the introduction of the relevant amendments of the Harmonized System, including those relating to tariff quotas and export subsidies, if applicable. In doing this work, the Secretariat shall abide by the technical procedures described in Annex 2 to this decision, which mostly reproduce those used in previous transposition procedures. The Secretariat shall prepare, based on the CTS database, a separate file to reflect all the changes in the nomenclature that were introduced under each relevant HS amendment. This separate file shall be prepared as described in Annex 1 and shall be considered as the "draft multiple transposition file" for the purpose of this decision. Additional information on how to prepare the draft multiple transposition file are provided in the technical note circulated in document JOB/MA/164.

8._       The Secretariat shall send to the Member its draft multiple transposition file for examination as soon as the technical work has been completed. The date of this communication shall hereinafter be referred to as the "first date for a multiple transposition file prepared by the Secretariat". Upon receipt of this file, the Member shall have the possibility to seek clarifications from the Secretariat and propose changes as laid out in Section 3 of these procedures.

2.2  Members preparing their own multiple transposition

9._       Members that undertake to prepare their own multiple transposition shall update all the tariff codes and descriptions that change due to the introduction of relevant amendments of the Harmonized System, including those relating to tariff quotas and export subsidies, if applicable. In doing this work, they shall abide by the technical procedures described in Annex 2 to this decision. These Members are expected to submit to the Secretariat their draft multiple transposition file for examination and final formatting. The date of receipt shall hereinafter be referred to as the "first date for a multiple transposition file prepared by the Member".

3  EXAMINATION OF DRAFT MULTIPLE TRANSPOSITION FILES AND RELEASE FOR MULTILATERAL REVIEW

10._    Members for whom the Secretariat has prepared a draft multiple transposition file are expected to examine their file and to provide the Secretariat with a written communication that either approves the file (case 1) or provides specific comments on its contents (case 2). Such communications should reach the Secretariat no later than six months following the "first date" for a file prepared by the Secretariat.

11._    The Secretariat shall review the draft multiple transposition file prepared by Members pursuant to paragraph 9 before their release for multilateral review. If the Secretariat has no comments on the file, it shall then be released for multilateral review (case 1). If the Secretariat has comments (case 2), these will then be transmitted to the Member concerned no later than four months following the "first date" for a file prepared by the Member.

12._    In case 1, the Secretariat shall release the draft multiple transposition file for multilateral review with a headnote indicating that it has been approved by the Member.

13._    In case 2, both the Member concerned, and the Secretariat shall endeavour to reach a common understanding on the issue(s) raised and reflect any changes accordingly in the draft multiple transposition file, with a view to releasing it for multilateral review no later than six months from the appropriate "first date". In this regard:

(a)     When a common understanding is reached and no change is required, the Secretariat shall standardize the original draft multiple transposition file and release it for multilateral review with a headnote indicating that the file has been approved by the Member.

 

(b)     When a common understanding is reached and changes to the draft multiple transposition file are required, the Secretariat shall prepare a standardized revised file and release it for multilateral review with a headnote indicating that the file has been approved by the Member.

 

(c)     When a common understanding has not been reached, the Secretariat shall prepare a standardized revised draft multiple transposition file including the specific changes proposed by the Member and release the file for multilateral review. The revised file shall include a headnote indicating that the file has been approved by the Member and shall also describe the Secretariat's observations on the file.

 

14._    If the Secretariat does not receive any response from the Member concerned within six months from the appropriate "first date", the draft multiple transposition file will be released for multilateral review with a headnote indicating that the Member concerned has neither provided any comments nor approved the file.

4  MULTILATERAL REVIEW PROCESS OF MULTIPLE TRANSPOSITION FILES

15._    Multilateral review of draft multiple transposition files released pursuant to Section 3 of these procedures shall take place in the framework of informal dedicated sessions of the Committee on Market Access, which shall be scheduled by the Secretariat as required and in parallel with the regular ongoing transposition work. The Secretariat will post the multiple transposition files on the Tariff Analysis Online (TAO)[8] on dates that should be at least three months prior to the informal sessions scheduled to this effect. Members shall be notified of such postings through a communication by the Secretariat.

16._    Modifications agreed at the multilateral review sessions shall be incorporated by the Secretariat into a revised version of the multiple transposition file, which shall then be resubmitted for multilateral review in accordance with paragraph 13. In case a Member has a query or comment concerning another Member's draft multiple transposition file but is unable to attend the meeting at which these changes are to be reviewed, it may request the Chair to convey those queries/comments to the other Member at the time of the multilateral review.

17._    Where the scope of a concession is modified as a result of the transposition in a way that impairs its value, consultations and renegotiations pursuant to Article XXVIII of the GATT 1994 shall be entered into by the Member concerned.[9] The status of discussions and consultations between Members, including GATT Article XXVIII renegotiations, should be reported to other Members at the multilateral sessions to ensure full transparency.

5  CERTIFICATION OF CHANGES RESULTING FROM A MULTIPLE TRANSPOSITION

18._    When there is no objection remaining on a draft multiple transposition file at a multilateral review session, such file will then be considered approved by the Committee on Market Access. The file will be submitted for certification as provided for in paragraph 20 below, with the exception of any draft multiple transposition file released under paragraph 14, where the Member concerned has still neither provided any comments nor approved the file. The latter files shall also be submitted for certification as provided for in paragraph 20 below, unless the Member concerned submits in writing to the Secretariat a reservation within one month from the date of approval of its draft multiple transposition file at the multilateral review session.

19._    Members having submitted such a reservation shall also provide in writing to the Secretariat details of the specific reasons no later than two months from the date of their initial communication containing their reservation. If such specific reasons are not provided within the deadline, the certification of their multiple transposition file shall take place as provided for in paragraph 20 below. In case any amendment is introduced to the multiple transposition file, the multilateral review process provided for in Section 4 shall be resumed for such a file.

20._    The Secretariat shall prepare a draft paper version of the changes, as contained in the approved multiple transposition file which shall be circulated pursuant to the 1980 Decision on Procedures for Modification and Rectification of Schedules of Tariff Concessions (L/4962).

6  PERIODIC REPORT BY THE SECRETARIAT

21._    The Secretariat shall report on the status of work in relation to multiple transposition, which shall include – to the extent possible– the following information: (i) a list of the Members that will prepare their own draft multiple transposition files and the list of Members that have requested the Secretariat to prepare a file; (ii) the draft multiple transposition files that have been completed by the Secretariat and the date when they were sent to Members; (iii) the draft multiple transposition files prepared by Members which have been reviewed by the Secretariat and the date when the verification report was sent to Members; (iv) the draft multiple transposition files released for multilateral review, including a mention of any relevant explanatory note; (v) the progress made on each draft multiple transposition file, including Members having raised reservations; (vi) the draft multiple transposition files that have been approved in the multilateral review and the date of circulation pursuant to the 1980 Procedures (L/4962); and (vii) the approved multiple transposition files that have been certified.

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ANNEX 1

Draft multiple transposition file[10]

1._       The draft multiple transposition file shall cover all tariff lines under headings which are affected by any amendments in all of the previous versions of the Harmonized System since the latest certified file, as well as the corresponding concordance tables in the relevant nomenclatures. The Secretariat will prepare as a separate file, which will not be subject to multilateral review, a complete draft CTS file in the latest version of the nomenclature (HS 2022). This additional file is for reference only and seeks to facilitate the preparation of an updated version of the CTS database once the multiple transposition procedures are finalized and certified.

2._       The draft multiple transposition file shall contain for each bound tariff line, inter alia, the following data elements:

·_              Tariff line codes in the latest nomenclature of the Harmonized System, i.e., HS2022, (including suffixes or ex);

·_              Product description;

·_              Base duty (if the final bound duty is not fully implemented at the date of the transposition);

·_              Final bound duty;

·_              Implementation period (if the final bound duty is not fully implemented at the date of the transposition);

·_              Other duties and charges;

·_              Special safeguard;

·_              Legal instrument (present and earlier);

·_              INR (present and earlier if available in the CTS);

·_              Certification indicator.

 

3._       Additional tables containing other relevant concessions and commitments that may be affected by the multiple transposition procedure (e.g., tariff quotas, non-tariff measures, and agricultural export subsidies) shall also be included.

4._       Members who undertake to prepare their own multiple transposition shall submit all the above-mentioned information to the Secretariat in electronic format.

 


Annex 2

Technical note on multiple transposition procedure

1._       The following note describes the relevant technical procedures which shall be applied in the preparation of the draft multiple transposition files.

Concession elements

2._       The CTS database contains not only tariff concessions, but also a number of other commitments. Although several of these are expressed at the tariff-line level in the different Parts and Sections of the Schedules, there are some which are not. As a result, not all elements currently included in the CTS are required for the multiple transposition procedure. It is therefore suggested to retain in the draft multiple transposition file only those elements which are required for this purpose (see Annex 1).

Procedural issues

3._       All tariff lines affected by any of the Harmonized System amendments shall be converted into HS 2022 from the latest certified schedule in a sequential step-by step transposition.[11] These tariff lines shall be clearly flagged. For the purpose of this procedure, the HS 2007[12], HS 2012[13], HS 2017[14] and HS 2022[15] procedures and methodologies remain valid and shall be used for every step of the multiple transposition procedure. Detailed tariff line codes and descriptions may have to be adjusted in certain instances in order to generate a meaningful and intelligible schedule. The transposition of any tariff line requiring manual modifications shall also be clearly flagged for verification and approval by Members.

Methodological issues

4._       For each step[16] of the multiple transposition procedure, the more recent subheading/tariff line will be derived from one or more tariff lines, or part of these lines, of the previous version of the nomenclature. If a more recent subheading/tariff line matches with two or more tariff lines of the previous version of the nomenclature and if these lines have the same levels or contents of concessions (e.g. same bound duties, etc.), the original concession elements can be merged into one new concession at the level of the more recent subheading/tariff line. If the concessions of the tariff lines of the previous version of the nomenclature are different, the concession elements of the more recent subheading/tariff line should reflect this. In this case, the more recent subheading/tariff line should normally be broken down to a more detailed level so that the transposition step fully reflects the same level of concessions as the CTS in the previous version of the nomenclature.

Reference documents

5._       The multiple transposition procedure shall be based on all the information provided by the World Customs Organization, which is included for all steps in the following "notes on methodology" documents:

·_        HS 2007 (G/MA/283)

·_        HS 2012 (G/MA/330; G/MA/330/Add.1)

·_        HS 2017 (G/MA/366)

·_        HS 2022 (G/MA/410)

 

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[1] BISD 30S/17.

[2] BISD 39S/300.

[7] For example, if the latest certified Schedule is in HS 2002, then the relevant amendments of the Harmonized System would be all the HS amendments until the current one, i.e., HS 2007, HS 2012, HS 2017 and HS 2022 if HS 2022 is the latest HS version.

[9] Where a request for renegotiation or consultation has been made under Article XXVIII of the GATT 1994, the Procedures for Negotiations under Article XXVIII (BISD27S/26) shall apply.

[10] See also the technical note by the Secretariat for the multiple transposition of Members' Schedules using the CTS database in document JOB/MA/164.

[11] While in the case of the standard transposition procedures to introduce the HS 2022 amendments (WT/L/1123) only the 541 subheadings that changed from HS 2017 to HS 2022 are taken into account, in a multiple transposition of Members' Schedules to HS 2022 all subheadings affected by any amendment in all of the previous HS versions need to be considered. This means that, if for example, when the starting point is HS 2002 as the latest certified HS version of a Member's Schedule, not only the subheading that changed from HS 2017 to HS 2022 are included, but also the 474 subheadings that were affected by changes from HS 2012 to HS 2017; the 459 subheadings that changed from HS 2007 to HS 2012, and the 594 subheadings that changed from HS 2002 to HS 2007. See JOB/MA/164.

[16] By "step" one transposition is meant when they are undertaken in the multiple transposition procedure. For example, moving from HS 2002 to HS 2007, then from HS 2007 to HS 2012, then from HS 2012 to HS 2017, and finally from HS 2017 to HS 2022, would include four steps.