chapter 2_national treatment and market access for goods chapter

7/24/2019 Chapter 2_National Treatment and Market Access for Goods Chapter

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Subject to Legal Review in English, Spanish and French

for Accuracy, Clarity and Consistency

Subject to Authentication of English, Spanish and French Versions

CA!"ER #

$A"%&$AL "REA"'E$" A$( 'AR)E" ACCESS F&R *&&(S

Section A+ (efinitions and Scope

Article #-+ (efinitions

For the purposes of this Chapter:

advertising fil.s and recordings means recorded visual media or audio materials, consisting

essentially of images and/or sound, showing the nature or operation of goods or services offered

for sale or lease by a person established or resident in the territory of a Party, provided that suchmaterials are of a kind suitable for exhibition to prospective customers but not for broadcast to

the general public;

co..ercial sa.ples of negligible value means commercial or trade samples having a value,

individually or in the aggregate as shipped, of not more than one !"! dollar, or the e#uivalent

amount in the currency of another Party, or so marked, torn, perforated or otherwise treated that

they are unsuitable for sale or for use except as commercial samples;

consular transactions means re#uirements that goods of a Party intended for export to the

territory of the other Party must first be submitted to the supervision of the consul of the

importing Party in the territory of the exporting Party for the purpose of obtaining consularinvoices or consular visas for commercial invoices, certificates of origin, manifests, shippers$

export declarations, or any other customs documentation re#uired on or in connection withimportation/

consu.ed means %a& actually consumed; or %b& further processed or manufactured so as to result

in a substantial change in the value, form, or use of the good or in the production of anothergood;

duty0free means free of customs duty;

good1s2 means any merchandise, product, article or material;

goods ad.itted for sports purposes means sports re#uisites for use in sports contests,

demonstrations or training in the territory of the Party into whose territory such goods are

admitted;

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goods intended for display or de.onstration includes their component parts, ancillaryapparatus, and accessories;

i.port licensing means an administrative procedure re#uiring the submission of an applicationor other documentation %other than that generally re#uired for customs clearance purposes& to the

relevant administrative body as a prior condition for importation into the territory of the

importing Party;

%.port Licensing Agree.ent means the *+Agreement on Import Licensing Procedures;

perfor.ance re3uire.ent means a re#uirement that:

%a& a given level or percentage of goods or services be exported;

%b& domestic goods or services of the Party granting a waiver of customs duties or animport license be substituted for imported goods;

%c& a person benefiting from a waiver of customs duties or a re#uirement for an

import license purchase other goods or services in the territory of the Party

granting the waiver of customs duties or the import license, or accord a preferenceto domestically produced goods;

%d& a person benefiting from a waiver of customs duties or a re#uirement for an

import license produce goods or supply services, in the territory of the Partygranting the waiver of customs duties or the import license, with a given level or

percentage of domestic content; or

%e& relates in any way to the volume or value of imports to the volume or value of

exports or to the amount of foreign exchange inflows;

but does not include a re#uirement that an imported good be:

%f& subse#uently exported;

%g& used as a material in the production of another good that is subse#uently exported;

%h& substituted by an identical or similar good used as a material in the production ofanother good that is subse#uently exported; or

%i& substituted by an identical or similar good that is subse#uently exported; and

printed advertising .aterials means those goods classified in Chapter -. of the armoni0ed

"ystem, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade

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associations, tourist promotional materials and posters, that are used to promote, publicise or

advertise a good or service, are essentially intended to advertise a good or service, and aresupplied free of charge!

Article ##+ Scope

1xcept as otherwise provided in this 2greement, this Chapter applies to trade in goods ofa Party

Section+ 4 0 $ational "reat.ent and 'ar5et Access for *oods

Article #6+ $ational "reat.ent

)! 1ach Party shall accord national treatment to the goods of the other Parties in accordance

with 2rticle 333 of 42++ )..-, including its interpretative notes, and to this end, 2rticle 333 of42++ )..- and its interpretative notes are incorporated into and shall form part of this

2greement, mutatis mutandis!

'! For greater certainty, the treatment to be accorded by a Party under paragraph ) means,

with respect to a regional level of government, treatment no less favourable than the most

favourable treatment that regional level of government accords to any like, directly competitive,

or substitutable goods, as the case may be, of the Party of which it forms a part!

5! Paragraph ) shall not apply to the measures set out in 2nnex '(2 %6ational +reatmentand 3mport and 1xport 7estrictions&!

Article #7+ Eli.ination of Custo.s (uties

)! 1xcept as otherwise provided in this 2greement, no Party may increase any existing

customs duty, or adopt any new customs duty, on an originating good!

'! 1xcept as otherwise provided in this 2greement, each Party shall progressively eliminate

its customs duties on originating goods in accordance with its "chedule to 2nnex '(8 %+ariff

1limination&!

5! n the re#uest of any Party, the re#uesting Party and one or more other Parties shall

consult to consider accelerating the elimination of customs duties set out in the "chedules to2nnex '(8 %+ariff 1limination&!

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-! 2n agreement between two or more of the Parties to accelerate the elimination of a

customs duty on an originating good shall supersede any duty rate or staging categorydetermined pursuant to their "chedules to 2nnex '(8 %+ariff 1limination& for that good when

approved by each Party to that agreement in accordance with its applicable legal procedures!

+he parties to that agreement shall inform the other Parties as early as practicable before the newrate of customs duty takes effect!

9! 2 Party may at any time unilaterally accelerate the elimination of customs duties onoriginating goods of one or more of the other Parties set out in its "chedule in 2nnex '(8 %+ariff

1limination&! 2 Party shall inform the other Parties as early as practicable before the new rate of

customs duty takes effect!

! For greater certainty, no Party shall prohibit an importer from claiming for an originating

good the rate of customs duty applied under the *+ 2greement!

! For greater certainty, a Party may raise a customs duty to the level established in its"chedule to 2nnex '(8 %+ariff 1limination& following a unilateral reduction for the year

respective!

Article #8+ 9aiver of Custo.s (uties

)! 6o Party may adopt any new waiver of customs duties, or expand with respect to existing

recipients or extend to any new recipient the application of an existing waiver of customs duties,

where the waiver is conditioned, explicitly or implicitly, on the fulfilment of a performancere#uirement!

'! 6o Party may, explicitly or implicitly, condition on the fulfilment of a performancere#uirement the continuation of any existing waiver of customs duties

Article #:+ *oods Re0entered after Repair or Alteration

)! 6o Party shall apply a customs duty to a good, regardless of its origin, that re(enters its

territory after that good has been temporarily exported from its territory to the territory ofanother Party for repair or alteration, regardless of whether such repair or alteration could be

performed in the territory of the Party from which the good was exported for repair or alteration

or has increased the value of the good!

)

)*ith respect to Canada, this paragraph shall not apply to certain ships of Chapter


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'! 6o Party shall apply a customs duty to a good, regardless of its origin, admitted

temporarily from the territory of another Party for repair or alteration!

5! For the purposes of this 2rticle, repair or alteration does not include an operation or

process that:

%a& destroys a good=s essential characteristics or creates a new or commercially

different good; or

%b& transforms an unfinished good into a finished good!

Article #;+ (uty0Free Entry of Co..ercial Sa.ples of $egligible Value and !rinted

Advertising 'aterial

1ach Party shall grant duty(free entry to commercial samples of negligible value andprinted advertising material imported from the territory of another Party, regardless of their

origin, but may re#uire that:

%a& such samples be imported solely for the solicitation of orders for goods, or

services provided from the territory, of another Party or a non(Party; or

%b& such advertising materials are imported in packets that each contain no more than

one copy of each material and that neither such materials nor packets form part of

a larger consignment!

Article #


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'! 1ach Party shall, at the re#uest of the person concerned and for reasons its customs

authority considers valid, extend the time limit for temporary admission beyond the periodinitially fixed!

5! 6o Party may condition the duty(free temporary admission of goods referred to inParagraph ), other than to re#uire that such goods:

%a& be used solely by or under the personal supervision of a national or resident ofanother Party in the exercise of the business activity, trade, profession, or sport of

that person;

%b& not be sold or leased while in its territory;

%c& be accompanied by a security in an amount no greater than the charges that would

otherwise be owed on entry or final importation, releasable on exportation of the

good;

%d& be capable of identification when imported and exported;

%e& be exported on the departure of the person referenced in subparagraph %a&, or

within such other period reasonably related to the purpose of the temporaryadmission as the Party may establish, or within one year, unless extended;

%f& be admitted in no greater #uantity than is reasonable for their intended use; and

%g& be otherwise admissible into the Party$s territory under its laws!

-! 1ach Party shall grant duty(free temporary admission for containers and palletsregardless of their origin, in use or to be used in the shipment of merchandise or goods in

international traffic!

%a& For the purposes of this paragraph, container means an article of transport

e#uipment that is fully or partially enclosed to constitute a compartment intended

for containing merchandise or goods, is substantial and has an internal volume of

one cubic meter or more, is of a permanent character and accordingly strongenough to be suitable for repeated use, is used in significant numbers in

international traffic, is specially designed to facilitate the carriage of merchandise

or goods by more than one mode of transport without intermediate reloading, andis designed both for ready handling, particularly when being transferred from one

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mode of transport to another, and to be easy to fill and to empty, but does not

include vehicles, accessories or spare parts of vehicles, or packaging!'

%b& For the purposes of this paragraph, pallet means a small, portable platform, which

consists of two decks separated by bearers or a single deck supported by feet, onwhich goods can be moved, stacked, and stored, and which is designed essentially

for handling by means of fork lift trucks, pallet trucks, or other >acking devices!

9! 3f any condition that a Party imposes under paragraph 5 has not been fulfilled, the Party

may apply the customs duty and any other charge that would normally be owed on the good plus

any other charges or penalties provided for under its law!

! 1ach Party shall adopt and maintain procedures providing for the expeditious release of

goods admitted under this 2rticle! +o the extent possible, such procedures shall provide that

when such a good accompanies a national or resident of another Party who is seeking temporary

entry, the good shall be released simultaneously with the entry of that national or resident!

! 1ach Party shall permit a good temporarily admitted under this 2rticle to be exportedthrough a customs port other than that through which it was admitted!

the good on presentation of satisfactory proof to the importing Party that the good has been

destroyed within the original period fixed for temporary admission or any lawful extension!

.! "ub>ect to Chapter . %3nvestment& and Chapter )? %Cross(@order +rade in "ervices&:

%a& each Party shall allow a vehicle or container used in international traffic thatenters its territory from the territory of another Party to exit its territory on any

route that is reasonably related to the economic and prompt departure of such

vehicle or container5

%b& no Party shall re#uire any security or impose any penalty or charge solely by

reason of any difference between the customs port of entry and the customs port

of departure of a vehicle or container;

'1ach Party shall eliminate customs duties on containers classified in "


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%c& no Party shall condition the release of any obligation, including any security that it

imposes in respect of the entry of a vehicle or container into its territory on its exitthrough any particular customs port of departure; and

%d& no Party shall re#uire that the vehicle or carrier bringing a container from theterritory of another Party into its territory be the same vehicle or carrier that takes

such container to the territory of that other Party, or to the territory of any other

Party!

)?! For purposes of paragraph ., AvehicleB means a truck, a truck tractor, a tractor, a trailer

unit or trailer, a locomotive, or a railway car or other railroad e#uipment!

Article #-=+ Ad hoc (iscussions

)! 1ach Party shall designate a Contact Point for +rade in 4oods to facilitatecommunications amongst the Parties on any matter covered by this Chapter, including any

re#uest or information conveyed under 2rticle '!9 relating to measures of a Party which affectsthe operation of this Chapter!

'! 2ny Party %Athe re#uesting PartyB& may re#uest ad hoc discussions to discuss any matterarising under this Chapter %including specific non(tariff measures&, except a matter that could be

addressed under a Chapter(specific consultation mechanism established under another Chapter,

that the re#uesting Party believes may adversely affect its interests in trade in goods by

delivering a written re#uest to another Party %Athe re#uested PartyB& through the Contact Pointsfor +rade in 4oods of the re#uesting Party and re#uested Party! +he re#uest shall be in writing

and identify the reasons for the re#uest, including a description of the re#uesting Party$sconcerns and an indication of the provisions of this Chapter to which the concerns relate! +here#uesting Party may provide all the other Parties with a copy of the re#uest!

5! +o the extent that the Party to which the re#uest is directed considers that the matterwhich is the sub>ect of the re#uest should be addressed under a Chapter(specific consultation

mechanism established under another Chapter, it shall promptly notify the Contact Points for

+rade in 4oods of the re#uesting Party including the reasons it considers that the re#uest should

be addressed under the other mechanism and forward the re#uest and such notification to theParties$ respective contact points designated under 2rticle '!9 %Contact Points& for appropriate

action.

-! *ithin 5? days of receipt of a re#uest under paragraph ', the re#uested Party shallprovide a written reply to the re#uesting Party! *ithin 5? days of the re#uesting Party$s receipt

of the reply, the re#uesting and re#uested Parties %Athe discussing PartiesB& shall meet in person

or via electronic means to discuss the matter identified in the re#uest! 3f the discussing Partieschoose to meet in person, the meeting shall take place in the territory of the re#uested Party,

unless otherwise decided by the discussing Parties!

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9! 2ny Party may submit a written re#uest to the discussing Parties to participate in the adhoc discussions! 3f the matter has not been resolved prior to receipt of such re#uest and if

discussing Parties agree, such Party may participate in the ad hoc discussions held under this

2rticle sub>ect to such conditions as the discussing Parties may decide!

! 3f the re#uesting Party believes that the matter is urgent, it may re#uest that any

discussions take place within a time frame shorter than that provided for under paragraph -! 2nyParty may re#uest urgent ad hoc discussions where a measure:

%a& is applied without prior notice or without an opportunity for Parties to avail

themselves of the opportunities for ad hoc discussions provided in paragraphs ', 5and -; and

%b& may threaten to impede the importation, sale or distribution of an originating good

which is in the process of being transported from the exporting Party to theimporting Party, or has not been released from Customs control or is in storage in

a warehouse regulated by the Customs 2dministration of the importing Party!

! Ad hoc discussions under this 2rticle shall be confidential and without pre>udice to the

rights of any Party, including being without pre>udice to rights pertaining to dispute settlementproceedings under Chapter '< %8ispute "ettlement&!

Article #--+ %.port and E>port Restrictions

)! 1xcept as otherwise provided in this 2greement, no Party shall adopt or maintain anyprohibition or restriction on the importation of any good of another Party or on the exportation orsale for export of any good destined for the territory of another Party, except in accordance with

2rticle 3 of the 42++ )..- and its interpretative notes, and to this end 2rticle 3 of the 42++

)..- and its interpretive notes are incorporated into and made a part of this 2greement, mutatis

mutandis.

'! +he Parties understand that the 42++ )..- rights and obligations incorporated by

paragraph ) prohibit, in any circumstances in which any other form of restriction is prohibited, aParty from adopting or maintaining:

%a& export and import price re#uirements, except as permitted in enforcement ofcountervailing and antidumping duty orders and undertakings;

%b& import licensing conditioned on the fulfilment of a performance re#uirement; or

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%c& voluntary export restraints inconsistent with 2rticle D3 of the 42++ )..-, as

implemented under 2rticle )< of the "CE 2greement and 2rticle

5! For greater certainty, paragraph ) applies to the importation of commercial cryptographicgoods!

-! For the purposes of paragraph 5:

co..ercial cryptographic goods means any good implementing or incorporating

cryptography, where the good is not designed or modified specifically for government use and is

sold or otherwise made available to the public!

9! Paragraphs ) and ' shall not apply to the measures set out in 2nnex '(2 %6ational

+reatment and 3mport and 1xport 7estrictions&!

! 3n the event that a Party adopts or maintains a prohibition or restriction on the

importation from or exportation to a non(Party of a good, no provision of this 2greement shallbe construed to prevent that Party from:

%a& limiting or prohibiting the importation of the good of the non(Party from theterritory of another Party; or

%b& re#uiring as a condition for exporting the good of that Party to the territory of

another Party, that the good not be re(exported to the non(Party, directly orindirectly, without being consumed in the territory of the other Party!

! 3n the event that a Party adopts or maintains a prohibition or restriction on theimportation of a good from a non(Party, the Parties, on the re#uest of any Party, shall consult

with a view to avoiding undue interference with or distortion of pricing, marketing, or

distribution arrangements in another Party!

good, re#uire a person of another Party to establish or maintain a contractual or other relationship

with a distributor in its territory!-

.! For greater certainty, paragraph < does not prevent a Party from re#uiring that a person

referred to in that paragraph designate a point of contact for the purpose of facilitatingcommunications between its regulatory authorities and that person!

-+his paragraph shall not apply to the importation or distribution of rice and paddy in Ealaysia!

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)?! For the purposes of paragraph ect to its obligations under this 2greement and the relevant *+ 2greements, a

Party may re#uire that remanufactured goods:

%a& be identified as such for distribution or sale in its territory, and

%b& meet all applicable technical re#uirements that apply to e#uivalent goods in new condition!

+his paragraph shall not apply to the treatment of certain remanufactured goods by Dietnam as set out in 2nnex '(

@ %7emanufactured 4oods&!

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annual #uestionnaire on import licensing procedures described in 2rticle !5 of

the 3mport icensing 2greement, it has provided, with respect to that procedure,the information re#uested in that #uestionnaire; and

%c& it has included in either the notification described in subparagraph %a& or theannual submission described in subparagraph %b& any information re#uired to be

notified to the other Parties to this 2greement under paragraph !

-! 1ach Party shall comply with 2rticle )!-%a& of the 3mport icensing 2greement with

respect to any new or modified import licensing procedure! 2 Party shall publish on an official

government internet site any information that it is re#uired to publish under 2rticle )!-%a& of the

3mport icensing 2greement in a source that it has notified to the Committee on 3mporticensing!

9! 1ach Party shall notify the other Parties of any new import licensing procedures it adopts

and any modifications it makes to its existing import licensing procedures, whenever possible, nolater than ? days before the new procedure or modification takes effect! 3n no case shall a Party

provide such notification later than ? days following the date of its publication! +henotification shall include any information re#uired under paragraph ! 2 Party that notifies a

new import licensing procedure or a modification to an existing import licensing procedure to the

Committee on 3mport icensing in accordance with 2rticles 9!) to 9!5 of the 3mport icensing2greement and that includes in its notification any information re#uired to be notified to the

other Parties to this 2greement under paragraph shall be deemed to have complied with this

re#uirement!

! %a& 2 notification made pursuant to paragraph ', 5, or 9 shall state if, under any

procedure that is a sub>ect of the notification:

%i& the terms of an import license for any product limit the permissible end

users of the product; or

%ii& the Party imposes any of the following conditions on eligibility for

obtaining a license to import any product:

%2& membership in an industry association;

%@& approval by industry association of the re#uest for an import

license;

%C& a history of importing the product or similar products;

%8& minimum importer or end user production capacity;

%1& minimum importer or end user registered capital; or

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%F& a contractual or other relationship between the importer and adistributor in the Party$s territory!

%b& 2ny notification stating, pursuant to subparagraph %a&, the existence of alimitation on permissible end users or a license(eligibility condition shall:

%i& list all products for which the end(user limitation or license eligibilitycondition applies; and

%ii& describe the end(user limitation or license(eligibility condition!

! 1ach Party shall respond within ? days to a reasonable en#uiry from another Party

concerning its licensing rules and its procedures for the submission of an application for an

import license, including the eligibility of persons, firms, and institutions to make such an

application, the administrative body%ies& to be approached, and the list of products sub>ect to thelicensing re#uirement!

Party, it shall, on re#uest of the applicant and within a reasonable period after receiving the

re#uest, provide the applicant with a written explanation of the reason%s& for the denial!

.! 6o Party shall apply an import licensing procedure to a good of another Party unless it

has, with respect to that procedure, met the re#uirements of paragraph ' or paragraph -, as

applicable!

Article #-7+ "ransparency in E>port Licensing !rocedures;

)! *ithin 5? days after the date this 2greement enters into force, each Party shall notify the

other Parties in writing of the publications in which its export licensing procedures, if any, are setout, including addresses of relevant government websites! +hereafter, each Party shall publish in

the notified publications and websites any new export licensing procedure, or any modification

of an export licensing procedure, it adopts as soon as practicable but no later than 5? days afterthe new procedure or modification takes effect!

'! 1ach Party shall ensure that it includes in the publications it has notified under paragraph

):

%a& the texts of its export licensing procedures, including any modifications it makes

to these procedures;

+he obligations in this 2rticle apply only to procedures for applying for an export license!

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%b& the goods sub>ect to each licensing procedure;

%c& for each procedure, a description of:

%i& the process for applying for a license;

%ii& any criteria an applicant must meet to be eligible to seek a license, such as

possessing an activity license, establishing or maintaining an investment,

or operating through a particular form of establishment in a Party$s

territory;

%d& a contact point or points from which interested persons can obtain further

information on the conditions for obtaining an export license;

%e& the administrative body or bodies to which an application or other relevantdocumentation must be submitted;

%f& a description of or a citation to a publication reproducing in full any measure or

measures that the export licensing procedure is designed to implement;

%g& the period during which each export licensing procedure will be in effect, unless

the procedure will remain in effect until withdrawn or revised in a new

publication;

%h& if the Party intends to use a licensing procedure to administer an export #uota, the

overall #uantity and, where practicable, value of the #uota and the opening andclosing dates of the #uota; and

%i& any exemptions or exceptions available to the public that replace the re#uirementto obtain an export license, how to re#uest or use these exemptions or exceptions,

and the criteria for them!

5! 1xcept where doing so would reveal business proprietary or other confidentialinformation of a particular person, on the re#uest of another Party that has a substantial trade

interest in the matter, a Party shall provide, to the extent possible, the following information

regarding a particular export licensing procedure that it adopts or maintains:

%a& the aggregate number of licenses the Party has granted over a recent period that

the re#uesting Party has specified; and

%b& measures, if any, that the Party has taken in con>unction with the licensing

procedure to restrict domestic production or consumption or to stabili0eproduction, supply, or prices for the relevant good%s&!

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-! 6othing in this 2rticle shall be construed in a manner that would re#uire a Party to grantan export license, or that would prevent a Party from implementing its obligations/commitments

under nited 6ations "ecurity Council 7esolutions, as well as multilateral non(proliferation

regimes, including: the Wassenaar Arrangement on Export Controls for Conventional Arms andDual-Use oods and !echnologies; the 6uclear "uppliers 4roup; the 2ustralia 4roup; the

Convention on the Prohi"ition of the Development# Production# $toc%piling and Use of Chemical

Weapons and on !heir Destruction, done at Paris, Ganuary )5, )..5;the Convention on theProhi"ition of the Development# Production and $toc%piling of &acteriological '&iological( and

!oxin Weapons and on !heir Destruction, done at *ashington, ondon, and Eoscow, 2pril )?,

).'; the !reat) on the *on-Proliferation of *uclear Weapons; and the Eissile +echnology

Control 7egime!

9! For the purposes of this 2rticle:

e>port licensing procedure means a re#uirement that a Party adopts or maintains under whichan exporter must, as a condition for exporting a good from the Party$s territory, submit an

application or other documentation to an administrative body or bodies, but does not includecustoms documentation re#uired in the normal course of trade or any re#uirement that must be

fulfilled prior to introduction of the good into commerce within the Party$s territory!

Article #-8+ Ad.inistrative Fees and For.alities

)! 1ach Party shall ensure, in accordance with 2rticle D333:) of the 42++ )..- and itsinterpretive notes, that all fees and charges of whatever character %other than export taxes ,

customs duties, charges e#uivalent to an internal tax or other internal charge applied consistentlywith 2rticle 333:' of 42++ )..-, and antidumping and countervailing duties& imposed on or in

connection with importation or exportation are limited in amount to the approximate cost ofservices rendered and do not represent an indirect protection to domestic goods or a taxation of

imports or exports for fiscal purposes!

'! 6o Party may re#uire consular transactions, including related fees and charges, in

connection with the importation of any good of the other Parties!

5! 1ach Party shall make available through the 3nternet a current list of the fees and charges

it imposes in connection with importation or exportation!

-! 6o Party shall levy fees and charges on or in connection with importation or exportation

on an ad valorembasis!port Subsidies

)! +he Parties share the ob>ective of the multilateral elimination of export subsidies for

agricultural goods and shall work together to achieve an agreement in the *+ to eliminatethose subsidies and prevent their reintroduction in any form!

)?Fish and fish products are defined as products in Chapter 5 of the armoni0ed "ystem!

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'! 6o Party may adopt or maintain any export subsidy on any agricultural good destined for

the territory of another Party))

!

Article ##7+ E>port Credits, E>port Credit *uarantees or %nsurance !rogra..es

7ecogni0ing the ongoing work in the *+ in the area of export competition and that

export competition remains a key priority in multilateral negotiations, Parties shall work togetherin the *+ to develop multilateral disciplines to govern the provision of export credits, export

credit guarantees and insurance programs, including disciplines on matters such as transparency,

self(financing, and repayment terms!

Article ##8+ Agricultural E>port State "rading Enterprises

)! +he Parties shall work together toward an agreement in the *+ on export state tradingenterprises that re#uires:

%a& the elimination of trade distorting restrictions on the authori0ation to export

agricultural goods;

%b& the elimination of any special financing that a *+ Eember grants directly orindirectly to state trading enterprises that export for sale a significant share of the

Eember$s total exports of an agricultural good; and

%c& greater transparency regarding the operation and maintenance of export state

trading enterprises!

Article ##:+ E>port Restrictions @ Food Security

)! Parties recogni0e that under 2rticle 3!'%a& of 42++ )..-, a Party may temporarilyapply an export prohibition or restriction that is otherwise prohibited under 2rticle 3!) of

42++ )..- on foodstuffs)'

to prevent or relieve a critical shortage of foodstuffs, sub>ect to

meeting the conditions set out in 2rticle )'!) of the 2greement on 2griculture!

'! Further to the conditions under which a Party may apply an export prohibition or

restriction, other than a duty, tax, or other charge on food stuffs:

))For greater certainty and without pre>udice to any Party$s position in the *+, this 2rticle does not

cover measures referred to in 2rticle )? of the *+ 2greement on 2griculture!

)'For the purpose of this 2rticle, foodstuffs include fish and fisheries products, intended for human consumption!

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%a& 2ny Party that:

%i& imposes such a prohibition or restriction, on the exportation or sale for

export of foodstuffs to another Party to prevent or relieve a critical

shortage of foodstuffs, shall in all cases notify the measure to the otherParties prior to its effective date, and, except where the critical shortage is

caused by an event constitutingforce ma,eure# shall notify the measure tothe other Parties at least 5? days prior to its effective date; or

%ii& as of the date of entry into force of this 2greement for that Party maintainssuch a prohibition or restriction, shall, within 5? days of that date, notify

the measure to the other Parties!

%b& 2 notification under this paragraph shall include the reasons for imposing or

maintaining the prohibition or restriction, as well as an explanation of how the

measure is consistent with 2rticle 3!'%a& of 42++ )..-, and shall notealternative measures, if any, that the Party considered before imposing the

prohibition or restriction!

%c& 2 measure shall not be sub>ect to notification under this paragraph or paragraph -

if it prohibits or restricts the exportation or sale for export only of a foodstuff orfoodstuffs of which the Party imposing the measure has been a net importer

during each of the three calendar years preceding imposition of the measure,

excluding the year in which the Party imposes the measure!

%d& 3f a Party that adopts or maintains a measure referred to in subparagraph %a& has

been a net importer of each foodstuff sub>ect to that measure during each of the

three calendar years preceding imposition of the measure, excluding the year inwhich the Party imposes the measure, and that Party does not provide the other

Parties with a notification under subparagraph %a&, the Party shall, within areasonable period of time, provide to all other Parties trade data demonstrating

that it was a net importer of the foodstuff or foodstuffs during these three calendar

years!

5! 2ny Party re#uired to notify a measure pursuant to paragraph '%a& shall:

%a& consult, upon re#uest, with any other Party having a substantial interest as an

importer of the foodstuffs sub>ect to the measure, with respect to any matter

related to the measure;

%b& upon the re#uest of any Party having a substantial interest as an importer of thefoodstuffs sub>ect to the measure, provide that Party with relevant economic

indicators bearing on whether a critical shortage within the meaning of 2rticle

3!'%a& of 42++ )..- exists or is likely to occur in the absence of the measure,and on how the measure will prevent or relieve the critical shortage; and

'(')


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%c& respond in writing to any #uestion posed by any other Party regarding the

measure within )- days from receipt of the #uestion!

-! 2ny Party which considers that another Party should have notified a measure under

paragraph '%a& may bring the matter to the attention of such other Party! 3f the matter is notsatisfactorily resolved promptly thereafter, the Party which considers that the measure should

have been notified may itself bring the measure to the attention of the other Parties!

9! 2 Party should ordinarily terminate a measure sub>ect to notification under paragraphs

'%a& or - within months of the date it is imposed! 2 Party contemplating continuation of a

measure beyond months from the date it is imposed shall so notify the other Parties no laterthan 9 months following the date the measure is imposed and provide the information specified

in subparagraph '%b&! nless it has consulted with all other Parties who are net importers of any

foodstuff the exportation of which is prohibited or restricted under the measure, the Party shallnot continue the measure beyond )' months from the date it is imposed! +he Party shall

immediately discontinue the measure at such time that the critical shortage, or threat thereof, nolonger exists!

! 6o Party shall apply any measure sub>ect to notification under paragraphs '%a& or - to

food purchased for non(commercial humanitarian purposes!

Article ##;+ Co..ittee on Agricultural "rade

)! +he Parties hereby establish a Committee on 2gricultural +rade with representatives ofeach Party!

'! +he Committee on 2gricultural +rade shall provide a forum for:

%a& promoting trade in agricultural goods between the Parties under this 2greement

and other issues as appropriate;

%b& monitoring and promoting cooperation on the implementation and administration

of this "ection, including notification of export restrictions on agricultural

products as stipulated in 2rticle '!' %1xport 7estrictions(Food "ecurity&, anddiscussing the cooperative work identified in 2rticle '!'5 %2gricultural 1xport

"ubsidies&, 2rticle '!'- %1xport Credits, 1xport Credit 4uarantees or 3nsurance

Programmes& and 2rticle '!'9 %2gricultural 1xport "tate +rading 1nterprises&;

%c& consultation among the Parties on matters related to this "ection in coordination

with other committees, subcommittees, working groups, or other bodiesestablished under this 2greement;

%d& undertaking any additional work that the Committee on +rade in 4oods and the

Commission may assign!

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5! +he Committee on 2gricultural +rade shall meet at such times as the Parties mutuallydecide! Eeetings shall take place in such locations and through such means as the Parties

mutually decide! 8uring the first five years after entry into force of this 2greement, the

Committee shall meet no less than once a year!

Article ##ect to any duties applied

pursuant to any special safeguard taken under the *+ 2greement on 2griculture!

Article ##?+ "rade of !roducts of 'odern 4iotechnology

)! +he Parties confirm the importance of transparency, cooperation and exchanginginformation related to the trade of products of modern biotechnology!

'! 6othing in this 2rticle shall prevent a Party from adopting measures in accordance with

its rights and obligations under the *+ 2greements or other provisions of this 2greement!

5! 6othing in this 2rticle shall re#uire a Party to adopt or modify its laws, regulations, and

policies for the control of products of modern biotechnology within its territory!

-! *hen available and sub>ect to its laws, regulations and policies, each Party shall make

available publicly:

%a& any documentation re#uirements for completing an application for theauthori0ation of a product of modern biotechnology;

%b& a summary of any risk or safety assessment that has led to the authori0ation of aproduct of modern biotechnology; and

%c& a list or lists of the products of modern biotechnology that have been authori0ed inits territory!

9! 1ach Party shall identify contact point%s& for the sharing of information on issues related

to low level presence %P&)5

occurrences!

)5For purposes of this 2rticle, P occurrence means the inadvertent low level presence in a shipment of plants or

plant products, except for a plant or plant product that is a medicine or medical product, of r862 plant materialthat is authori0ed for use in at least one country, but not in the importing country, and if authori0ed for food use, afood

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! 3n order to address an P occurrence, and with a view to preventing a future Poccurrence, at the re#uest of an importing Party, an exporting Party shall, where available and

sub>ect to its laws, regulations and policies:

%a& provide a summary of the risk or safety assessment or assessments, if any, that the

exporting party conducted in connection with an authori0ation of a specific plant

product of modern biotechnology;

%b& provide, if known to the exporting Party, contact information for any entity within

its territory that received authori0ation for the plant product of modern

biotechnology and whom the Party believes is likely to possess:

%i& any existing, validated methods for the detection of the plant product of

modern biotechnology found at a low level in a shipment;

%ii& any reference sample necessary for the detection of the P occurrence;

and

%iii& relevant information that can be used by the importing Party to conduct a

risk or safety assessment or, if a food safety assessment is appropriate,relevant information for a food safety assessment in accordance with

2nnex 5 of the Codex uideline for the conduct of ood $afet)

Assessment of oods Derived from ecom"inant-D*A Plants %C2C/4

-9('??5&;and

%c& encourage the entity to share information referred to in '%b& with the importingParty!

! 3n the event of an P occurrence, the importing Party shall, sub>ect to its laws,

regulations and policies:

%a& inform the importer or the importer$s agent of the P occurrence and of any

additional information which the importer will be re#uired to submit to allow the

importing Party to make a decision on the disposition of the shipment in whichthe P occurrence has been found;

%b& when available, provide to the exporting Party a summary of any risk or safetyassessment that the importing Party has conducted in connection with the P

occurrence;

safety assessment has been based on the Codex 4uideline for the Conduct of a Food "afety 2ssessment of Food

8erived from r862 plants!

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%c& ensure that the measures)-

applied to address the P occurrence are appropriate

to achieve compliance with its domestic laws, regulations and policies!

%a& each exporting party shall consistent with its domestic laws, regulations, and

policies endeavor to encourage technology developers to submit applications toParties for authori0ation of plants and plant products of modern biotechnology;

and

%b& a Party authori0ing plant and plant products derived from modern biotechnology

shall endeavor to:

%i& allow year(round submission and review of applications for authori0ation

of plants and plant products of modern biotechnology; and

%ii& increase communications among and between the Parties regarding newauthori0ations of plants and plant products of modern biotechnology so as

to improve global information exchange!

.! +he Parties hereby establish a working group on products of modern biotechnology under

the Committee on 2gricultural +rade %*orking 4roup& for information exchange and

cooperation on trade(related matters associated with products of modern biotechnology! +he*orking 4roup shall be comprised of representatives of all Parties that, in writing, inform the

Committee on 2gricultural +rade that they will participate in the *orking 4roup and name one

or more representatives to the *orking 4roup!

)?! +he *orking 4roup shall provide a forum to:

%a& exchange, sub>ect to a Party$s laws, regulations and policies, information on

issues, including on existing and proposed domestic laws, regulations and policiesrelated to the trade of products of modern biotechnology; and

%b& further enhance cooperation among two or more Parties, where there is mutualinterest related to the trade of products of modern biotechnology!

))! +he *orking 4roup may meet in person, or by any other means as mutually determinedby the Parties who have named representatives to the *orking 4roup!

)-For purposes of this paragraph, AmeasuresB does not include penalties!

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Section (+ "ariff Rate uota Ad.inistration

Article #6=+ Scope and *eneral !rovisions

)! 1ach Party shall implement and administer tariff(rate #uotas %+7Hs)9

& in accordance with

2rticle 333 of 42++ )..- %including its interpretive notes&, the 3mport icensing 2greement

and 2rticle '!)5 %3mport icensing&! 2ll +7Hs established by a Party under this 2greementshall be incorporated into that Party$s "chedule to 2nnex '(8 %+ariff 1limination&!

'! 1ach Party shall ensure that its procedures for administering its +7Hs are made availableto the public, are fair and e#uitable, are no more administratively burdensome than absolutely

necessary, are responsive to market conditions and are administered in a timely manner!

5! +he Party administering a +7H shall publish all information concerning its +7H

administration, including the si0e of #uotas and eligibility re#uirements; and, if the +7H will beallocated, application procedures, the application deadline, and the methodology or procedures

that will be used for the allocation or reallocation, on its designated publicly available website atleast .? days prior to the opening date of the +7H concerned!

Article #6-+ Ad.inistration and Eligibility

)! 1ach Party shall administer its +7Hs in a manner that allows importers the opportunity toutilise fully +7H #uantities!

'! %a& 1xcept as provided in subparagraphs %b& and %c&, no Party shall introduce a new oradditional condition, limit or eligibility re#uirement on the utilisation of a +7H

for importation of a good, including in relation to specification or grade,

permissible end(use of the imported product or package si0e beyond those set outin its "chedule to 2nnex '(8 %+ariff 1limination&!

)

%b& 2 Party seeking to introduce a new or additional condition, limit or eligibilityre#uirement on the utilisation of a +7H for importation of a good shall notify the

other Parties at least -9 days prior to the proposed effective date of the new oradditional condition, limit or eligibility re#uirement! 2ny Party with a

)9For the purposes of this "ection, tariff rate #uotas %+7Hs& means only +7Hs that are established under this

2greement as set out in a Party$s "chedule to 2nnex '(8 %+ariff 1limination&! For greater certainty, this "ection

shall not apply to +7Hs set out in a Party$s "chedule to the *+ 2greement!

)For greater certainty, this Paragraph does not apply to conditions, limits or eligibility re#uirements that apply

regardless of whether or not the importer utilises the +7H when importing the good!

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demonstrable commercial interest in supplying the good may submit a re#uest in

writing to the Party seeking to introduce the new or additional condition, limit oreligibility re#uirement re#uesting consultations! pon receipt of such a re#uest

for consultations, the Party seeking to introduce the new or additional condition,

limit or eligibility re#uirement shall promptly undertake consultations with theParty submitting the re#uest, in accordance with paragraph of 2rticle '!5-

%+ransparency&!

%c& +he Party seeking to introduce the new or additional condition, limit or eligibility

re#uirement may do so if:

%i& it has consulted with any Party with demonstrable commercial interest insupplying the good that has submitted in writing a re#uest for

consultations pursuant to subparagraph %b&; and

%ii& no Party with a demonstrable commercial interest in supplying the goodthat submitted in writing a re#uest for consultations pursuant to

subparagraph %b& ob>ected, after the consultation, to the introduction ofthe new or additional condition, limit or eligibility re#uirement!

%d& 2 new or additional condition, limit or eligibility re#uirement that is the outcomeof any consultation held pursuant to subparagraph %c&, shall be circulated to

Parties prior to implementation!

Article #6#+ Allocation)

)! 3n the event that access under a +7H is sub>ect to an allocation mechanism, eachimporting Party shall ensure that:

%a& 2ny person of a Party that fulfils the importing Party$s eligibility re#uirementsshall be able to apply and to be considered for a #uota allocation under the +7Hs!

%b& nless otherwise agreed, it does not allocate any portion of the #uota to aproducer group, condition access to an allocation on the purchase of domestic

production, or limit access to an allocation to processors!

%c& 1ach allocation shall be made in commercially viable shipping #uantities and, tothe maximum extent possible, in the amounts that importers re#uest!

)For the purposes of this "ection, Aallocation mechanismB includes any system where access to the +7H is

granted on a basis other than first(come first(served!

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%d& 2n allocation for in(#uota imports shall be applicable to any tariff lines sub>ect to

the +7H and be valid throughout the +7H year!

%e& *here the aggregate +7H #uantity re#uested by applicants exceeds the #uota

si0e, allocation to eligible applicants shall be conducted by e#uitable andtransparent methods!

%f& 2pplicants shall have at least four weeks after the opening of the applicationperiod to submit their applications!

%g& Huota allocation takes place no later than four weeks before the opening of the

#uota period, except where allocation is based in whole or in part on importperformance during the )'(month period immediately preceding the #uota period!

*here the Party bases an allocation in whole or in part on import performance

during the )'(month period immediately preceding the #uota period, the Party

shall make a provisional allocation of the full #uota amount no later than fourweeks before the opening of the #uota period! 2ll final allocation decisions,

including any revisions, shall be made and communicated to applicants by thebeginning of the #uota period!

'! 8uring the first #uota year the 2greement is in force for a Party, if less than twelvemonths remain in the #uota year at the time of entry into force of the 2greement for that Party,

the Party shall make available to #uota applicants, beginning on the date of entry into force of the

2greement for the Party, the #uota #uantity established in its "chedule to 2nnex '(8 %+ariff

1limination&, multiplied by a fraction the numerator of which shall be a whole number consistingof the number of months remaining in the #uota year at the time of entry into force of the

2greement for the Party, including the entirety of the month in which the 2greement enters intoforce for the Party, and the denominator of which shall be twelve!

%a& +he Party shall make the entire #uota #uantity established in its "chedule to

2nnex '(8 %+ariff 1limination& available to #uota applicants beginning on thefirst day of each #uota year thereafter that the #uota is in operation!

5! +he Party administering a +7H shall not re#uire the re(export of a good as a condition for

application for, or utilisation of, a #uota allocation!

-! 2ny #uantity of goods imported under a +7H under this 2greement shall not be counted

towards, or reduce the #uantity of, any other +7Hs provided for such goods in a Party$s *+tariff schedules or under any other trade agreements!

) #0A+ $ational "reat.ent and %.port and E>port Restrictions

)! For greater certainty, nothing in this 2nnex shall affect the rights or obligations of anyParty under the *+ 2greement with respect to any measure listed in the 2nnex!

'! 2rticle '!5 %6ational +reatment& and 2rticle '!)) %3mport and 1xport 7estrictions& shallnot apply to the continuation, renewal, or amendment made to any law, statute, decree or

administrative regulations giving rise to a measure set out in this 2nnex to the extent that the

continuation, renewal, or amendment does not decrease the conformity of the measure listed with

2rticle '!5 %6ational +reatment& and 2rticle '!)) %3mport and 1xport 7estrictions&!

'easures of 4runei (arussala.

2rticle '!)) %3mport and 1xport 7estrictions& shall not apply to the goods specified in

section 5) of Customs rder '??!

'easures of Canada

)! 2rticles '!5 %6ational +reatment& and '!)) %3mport and 1xport 7estrictions& shall not

apply to:

%a& the export of logs of all species;

%b& the export of unprocessed fish pursuant to applicable provincial legislation;

%c& the importation of goods of the prohibited provisions of tariff items .

%"chedule D&, used in manufacturing under the existing provisions of the ExciseAct, '??), '??', c!'', as amended;

%e& the use of ships in the coasting trade of Canada;

%f& the internal sale and distribution of wine and distilled spirits;

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'! 2rticle '!5 %6ational +reatment& shall not apply to a measure affecting the production,

publication, exhibition, or sale of goods). that supports the creation, development or accessibilityof Canadian artistic expression or content!

'easures of Chile

2rticle '!)) %3mport and 1xport 7estrictions& shall not apply to measures of Chilerelating to imports of used vehicles!

'easures of 'e>ico

)! 2rticle '!)) %3mport and 1xport 7estrictions& shall not apply:

%a& to restrictions pursuant to 2rticle -< of the ydrocarbons aw %Le) de/idrocar"uros& published in Eexico$s Diario 0ficial on 2ugust )), '?)-, on the

exportation from Eexico of the goods provided for in the following items ofEexico$s tariff schedule of the 4eneral 3mport and 1xport 8uties aw %A+arifa de

la ey de los 3mpuestos 4enerales de 3mportaciIn y de 1xportaciInB& published

in Eexico$sDiario 0ficial on Gune )


33/67




')'!'?!?) Paraffin wax containing less than ?!9J of oil, by weight

')'!.?!?' Eicrocrystalline waxes

')'!.?!?- *axes, excluding those of codes ')'!.?!?) and ')'!.?!?'

')'!.?!.. ther

%b& during the period prior to Ganuary ), '?)., to prohibitions or restrictions on theimportation into Eexico of gasoline and diesel fuel set forth in 2rticle )'5 of the

Le) de /)drocar"uros %ydrocarbons aw&, published in Eexico$s Diario

0ficial on 2ugust )), '?)-; and

%c& to prohibitions or restrictions on the importation into Eexico of used tires, used

apparel, used vehicles and used chassis e#uipped with vehicle motors set forth in

paragraphs )%3& and 9 of 2nnex '!'!) of the 7esolution through which theEinistry of 1conomy establishes rules and general criteria on 3nternational +rade

%A2cuerdo por el #ue la "ecretarKa de 1conomKa emite reglas y criterios de

carLcter general en materia de Comercio 1xteriorB&, published in Eexico$sDiario0ficial on 8ecember 5), '?)'!

'! +he Commission shall review paragraph )%a& pursuant to any review conducted under2rticle '!'!)%b&!

'easures of !eru

)! 2rticles '!5 %6ational +reatment& and '!)) %3mport and 1xport 7estrictions& shall not

apply to:

%a& used clothing and footwear pursuant to aw 6o! '


34/67




%a& controls on the export of logs of all species;

%b& measures under existing provisions of the1erchant 1arine Act of 2345, - 2pp!

!"!C! M


35/67




%8& refrigeration e#uipment;

%1& household electrical appliances;

%F& medical e#uipment;

%4& furniture;

%& household goods made from porcelain, clay, glass, metal, resin,

rubber, and plastic;

%3& frames, tyres %outer and inner&, tubes, accessories, and engines of

automobiles, tractors, and other motor vehicles;

%G& internal combustion engines with a capacity below 5? CD andmachines with an internal combustion engine with a capacitybelow 5? CD; and

%N& bicycles and tricycles; and

%b& a prohibition on exportation, set out in 8ecree 6o! )


36/67




Anne> #04+ Re.anufactured *oods

)! 2rticle '!)'!' %7emanufactured 4oods& shall not apply to measures of Dietnam

prohibiting or restricting the importation of remanufactured goods until three years after the dateof entry into force of the 2greement for Dietnam! @eginning three years after the date of entry

into force of the 2greement for Dietnam, 2rticle '!)'!' shall apply to all measures of Dietnam,

except as provided in paragraph ' of this 2nnex!

'! 2rticle '!)'!' %7emanufactured 4oods& shall not apply to a prohibition or restriction by

Dietnam, set out in 8ecree 6o! )


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Anne> #0C+ E>port (uties, "a>es or &ther Charges

)! 2rticle '!) %1xport 8uties, +axes or ther Charges& shall apply to goods provided for in

the items listed in a Party$s section to this 2nnex only as specified below!

'! *ith respect to a good provided for in an item listed in "ection ) to this 2nnex, Ealaysia

shall not apply any export duties, taxes or other charges in an amount greater than that specifiedfor that item in "ection ) to this 2nnex!

5! *ith respect to a good provided for in an item listed in "ection ' to this 2nnex, Dietnam

shall eliminate any export duties, taxes or other charges in accordance with the followingcategories, as indicated for each item listed in "ection ' to this 2nnex:

%a& 1xport duties, taxes or other charges on goods provided for in the items in

category 2 may remain in place for five years but shall not exceed the base rate!Dietnam shall not apply any export duty, tax, or other charge on such goods from

Ganuary ) of year six;

%b& 1xport duties, taxes or other charges on goods provided for in the items in

category @ may remain in place for seven years but shall not exceed the base rate!Dietnam shall not apply any export duty, tax, or other charge on such goods from

Ganuary ) of year eight;

%c& 1xport duties, taxes or other charges on goods provided for in the items incategory C shall be eliminated in )) e#ual annual stages! Dietnam shall not apply

any export duty, tax, or other charge on such goods from Ganuary ) of year ));

%d& 1xport duties, taxes or other charges on goods provided for in the items in

category 8 may remain in place for ten years but shall not exceed the base rate!

Dietnam shall not apply any export duty, tax, or other charge on such goods fromGanuary ) of year ));

%e& 1xport duties, taxes or other charges on goods provided for in the items in

category 1 shall be eliminated in )5 e#ual annual stages! Dietnam shall not applyany export duty, tax, or other charge on such goods from Ganuary ) of year )5;

%f& 1xport duties, taxes or other charges on goods provided for in the items incategory F may remain in place for )' years but shall not exceed the base rate!

Dietnam shall not apply any export duty, tax, or other charge on such goods from

Ganuary ) of year )5;

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%g& 1xport duties, taxes or other charges on goods provided for in the items in

category 4 shall be eliminated in ) e#ual annual stages! Dietnam shall not applyany export duty, tax, or other charge on such goods from Ganuary ) of year );

%h& 1xport duties, taxes or other charges on goods provided for in the items incategory may remain in place for )9 years but shall not exceed the base rate!

Dietnam shall not apply any export duty, tax, or other charge on such goods from

Ganuary ) of year );

%i& 1xport duties, taxes or other charges on goods provided for in the items in

category 3 shall be reduced to '? per cent in e#ual, annual stages from year ) to

year ! From Ganuary ) of year until 8ecember 5) of year )9, export duties,taxes or other charges on such goods shall not exceed '? per cent! Dietnam shall

not apply any export duty, tax, or other charge on such goods after Ganuary ) of

year );

%>& 1xport duties, taxes or other charges on goods provided for in the items in

category G shall be reduced to )? per cent in eleven e#ual, annual stages from year) to year ))! From Ganuary ) of year )' until 8ecember 5) of year )9, export

duties, taxes or other charges on such goods shall not exceed )? per cent!

Dietnam shall not apply any export duty, tax, or other charge on such goods fromGanuary ) of year )!

%k& 1xport duties, taxes or other charges on goods provided for in the items in

category N may remain in place but shall not exceed the base rate!

-! For the purposes of "ection ' to this 2nnex, year one means the year of entry into forceof this 2greement for Dietnam! 1xport duties, taxes or other charges on goods provided for inthe items in categories C, 1, 4, 3, and G shall be initially reduced on the date of entry into force of

the 2greement for Dietnam! @eginning in year two, each annual stage of reduction of export

duties, taxes and other charges shall take effect on Ganuary ) of the relevant year!

9! +he base rate of export taxes, duties and other charges is indicated for each item in this

2nnex!

! Parties that have listed goods in this 2nnex shall autonomously endeavour to minimi0e

the application and level of their export duties, taxes and other charges!

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Section -+ 'alaysia

S (escription E>port (uty#-

Cess##

??'!.? ( ( @udded stumps of the genus evea 7E ?!5? each ()'?!)? Palm nuts and kernels: ( ( "uitable for sowing 9J (

)'?!.. ( ( ( 3llipe seeds %3llipe nuts& 7E ?!?)9)5!') ( ( ( Palm kernel )?J (

)9)5!'. ( ( ( ( Palm kernel oil, refined, bleached and deodorised %7@8& 9J (

)9)!'? Degetable fats and oils and their fractions

( ( ( f palm oil: Crude

)?J (

''?!') "lag, ash and residues %other than from the manufacture of iron or steel&containing metals, arsenic or their compounds!

( Containing mainly lead:((eaded gasoline sludges and leaded anti(knock compound sludges

9J (

''?!'. ( Containing mainly lead:((ther

9J (

''?!5? ( Containing mainly copper 9J (

''?!-? ( Containing mainly aluminium 9J (

''?!? ( Containing arsenic, mercury, thallium or their mixtures, of a kind used for

the extraction of arsenic or those metals or for the manufacture of their

chemical compounds

9J (

''?!.) (ther:( Containing antimony, beryllium, cadmium, chromium or their mixtures

9J (

''?!.. (ther:

((ther:

9J (

'')!)? ther slag and ash, including seaweed ash %kelp&; ash and residues from theincineration of municipal waste( 2sh and residues from the incineration of municipal waste

9J (

'')!.? (ther: 9J (

'?.!?? Petroleum oils and oils obtained form bituminous minerals, crude! )?J (

-??!?? Dulcanised rubber thread and cord! ( ?!'?J

-??

( ( Plates, sheets and strip

( ?!'?J

-??

((ther

( ?!'?J

-??

')Customs 8uties rder '?)' ( Customs 2ct ).

''Ealaysian 7ubber @oard %3ncorporation& 2ct ).., Ealaysian 7ubber @oard %C1""& rder )... and Ealaysian

+imber 3ndustry @oard %3ncorporation& 2ct ).5 ( +imber C1"" rder '??? Op!u!%a& 9/'???

'(-?


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Cess##

-??

-??.!)) +ubes, pipes and hoses, of vulcanised rubber other than hard rubber, with orwithout their fittings %for example, >oints, elbows, flanges&!

(6ot reinforced or otherwise combined with other materials :(( *ithout fittings

( ?!'?J

-??.!)' (6ot reinforced or otherwise combined with other materials :(( *ith fittings

( ?!'?J

-??.!') (7einforced or otherwise combined only with metal:(( *ithout fittings

( ?!'?J

-??.!'' (7einforced or otherwise combined only with metal:(( *ith fittings

( ?!'?J

-??.!5) (7einforced or otherwise combined only with textile materials :

(( *ithout fittings

( ?!'?J

-??.!5' (7einforced or otherwise combined only with textile materials :(( *ith fittings

( ?!'?J

-??.!-) (7einforced or otherwise combined with other materials :(( *ithout fittings

( ?!'?J

-??.!-' (7einforced or otherwise combined with other materials :( ( *ith fittings

( ?!'?J

-?)?!)) Conveyor or transmission belts or belting, of vulcanised rubber!(Conveyor belts or belting :(( 7einforced only with metal

( ?!'?J

-?)?!)' (Conveyor belts or belting :(( 7einforced only with textile materials

( ?!'?J

-?)?!). (Conveyor belts or belting :(( ther

( ?!'?J

-?)?!5) (+ransmission belts or belting :(( 1ndless transmission belts of trape0oidal cross(section %D(belts&, D(ribbed,of an outside circumference exceeding ? cm but not exceeding )


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Cess##

-?)'!.? 7etreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyretreads and tyre flaps, or rubber!(ther:

( ?!'?J

-?)-!)? ygienic or pharmaceutical articles %including teats&, of vulcani0ed rubber

other than hard rubber, with or without fittings of hard rubber( "heath contraceptives

( ?!'?J

-?)-!.? (ther: ( ?!'?J

-?)9!)) 2rticles of apparel and clothing accessories %including gloves, mittens andmitts&, for all purposes, of vulcanised rubber other than hard rubber!(4loves, mittens and mitts :(( "urgical

( ?!'?J

-?)9!). (4loves, mittens and mitts :((ther:

( ?!'?J

-?)9!.? ( ther ( ?!'?J

-?)!)? ther articles of vulcani0ed rubber other than hard rubber!(f cellular rubber:

( ?!'?J

-?)!.) (ther:( ( Floor coverings and mats

( ?!'?J

-?)!.' (ther:( ( 1raser

( ?!'?J

-?)!.5 (ther:((4askets, washers and other seals!

( ?!'?J

-?)!.- (ther:

( ( @oat or dock fenders, whether or not inflatable

( ?!'?J

-?)!.9 (ther:

( ( ther inflatable articles

( ?!'?J

-?)!.. (ther:((ther:

( ?!'?J

-?)!?? ard rubber %for example, ebonite& in all forms, including waste and scrap;

articles of hard rubber!(ard rubber %for example, ebonite& in all forms, including waste and scrap!

( ?!'?J

--?)!') Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; woodin chips or particles; sawdust and wood waste and scrap, whether or notagglomerated in logs, bri#uettes, pellets or similar forms!(*ood in chips or particles:( ( Coniferous

( 7E '!??/m5

--?)!'' (*ood in chips or particles:( ( 6on(coniferous

( 7E '!??/m5

--?5!)? *ood in the rough, whether or not stripped of bark or sapwood, or roughly

s#uared(+reated with paint, stains, creosote or other preservatives:

)9J 7E 9!??/m5

--?5!'? (ther, coniferous: )9J 7E 9!??/m5

--?5!-) (ther, of tropical wood specified in "ubheading 6ote ' to this Chapter((8ark 7ed Eeranti, ight 7ed Eeranti and Eeranti @akau:

)9J 7E 9!??/m5

--?5!-. (ther, of tropical wood specified in "ubheading 6ote ' to this Chapter((ther:

)9J 7E 9!??/m5

--?5!.) (ther ((f oak %Huercus spp&:

)9J 7E 9!??/m5

--?5!.' (ther

((f beech %Fagus spp&

)9J 7E 9!??/m5

'(-'


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Cess##

--?5!.. (ther ((ther

)9J 7E 9!??/m5

--?!)? 7ailway or tramway sleepers %cross(ties& of wood!(6ot impregnated

( 7E 9!??/m5

--?!.? (ther ( 7E 9!??/m5

--?!)? *ood sawn or chipped lengthwise, sliced or peeled, whether or not planed,sanded or end(>ointed, of a thickness exceeding mm!(Coniferous:

( 7E 9!??/m5

--?!') (f tropical wood specified in "ubheading 6ote ' to this Chapter:((Eahogany %"wietenia spp&:

( 7E 9!??/m5

--?!'' (f tropical wood specified in "ubheading 6ote ' to this Chapter:((Dirola, 3mbuia and @alsa:

( 7E 9!??/m5

--?!'9 (f tropical wood specified in "ubheading 6ote ' to this Chapter:((8ark 7ed Eeranti, ight 7ed Eeranti and Eeranti @akau:

( 7E )'9!??/m5

--?!' (f tropical wood specified in "ubheading 6ote ' to this Chapter:((*hite auan, *hite Eeranti, *hite "eraya, Qellow Eeranti and 2lan:

( 7E 9!??/m5

--?!' (f tropical wood specified in "ubheading 6ote ' to this Chapter:(("apelli: ( 7E 9!??/m5

--?!'< (f tropical wood specified in "ubheading 6ote ' to this Chapter:((3roko:

( 7E 9!??/m5

--?!'. (f tropical wood specified in "ubheading 6ote ' to this Chapter:((ther:

( 7E 9!??/m5

--?!.) (ther:((f oak %Huercus spp!&:

( 7E 9!??/m5

--?!.' (ther:((f beech %Fagus spp!&:

( 7E 9!??/m5

--?!.5 (ther:

((f maple %2cer spp!&:

( 7E 9!??/m5

--?!.- (ther:

((f cherry %Prunus spp!&:

( 7E 9!??/m5

--?!.9 (ther:((f ash %Fraxinus spp!&:

( 7E 9!??/m5

--?!.. (ther:((ther:

( 7E 9!??/m5

--?


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Cess##

--?.!') (6on(coniferous:((f bamboo:

( 7E 9!??/m5

--?.!'. (6on(coniferous:((ther:

( 7E 9!??/m5

--)?!)) Particle board, oriented strand board %"@& and similar board %for example,

waferboard& of wood or other ligneous materials, whether or notagglomerated with resins or other organic binding substances!( f wood:((Particle board

( 7E '!??/m5

--)?!)' ( f wood:( ( riented strand board %"@&

( 7E '!??/m5

--)?!). ( f wood:( ( ther

( 7E '!??/m5

--)?!.? ( ther ( 7E '!??/m5

--)'!)? Plywood, veneered panels and similar laminated wood!( f bamboo

( 7E 9!??/m5

--)'!5) ( ther plywood consisting solely of sheets of wood %other than bamboo&,each ply not exceeding mm thickness:( ( *ith at least one outer ply of tropical wood specified in "ubheading 6ote' to this Chapter

( 7E 9!??/m5

--)'!5' ( ther plywood consisting solely of sheets of wood %other than bamboo&,each ply not exceeding mm thickness:( ( ther, with at least one outer ply of non(coniferous wood

( 7E 9!??/m5

--)'!5. ( ther plywood consisting solely of sheets of wood %other than bamboo&,

each ply not exceeding mm thickness:( ( ther

( 7E 9!??/m5

--)'!.- ( ther plywood consisting solely of sheets of wood %other than bamboo&,each ply not exceeding mm thickness:( ther:( ( @lockboard, laminboard and battenboard

( 7E 9!??/m5

--)'!.. ( ther:((ther:

( 7E 9!??/m5

9.?!)? 7ubberised textile fabrics, other than those of heading 9.!?'!( 2dhesive tape of a width not exceeding '? cm

( ?!'?J

9.?!.. (ther:

( ( ther

( ?!'?J

9?!.) ther headgear, whether or not lined or trimmed!( ther:

( ( f rubber or of plastics:

( ?!'?J


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Cess##

)?!.) ( ther:( ( nwrought

9J (

)?!.' ( ther:(( "emi(manufactured

9J (

)?!?? @ase metals clad with silver, not further worked than semi(manufactured! 9J (

))?!)) Platinum, unwrought or in semi(manufactured forms, or in powder form!(Platinum:

( ( nwrought or in powder form

9J (

))?!). ( Platinum:( ( ther

9J (

))?!') (Palladium(( nwrought or in powder form

9J (

))?!'. (Palladium(( ther

9J (

))?!5) (7hodium(( nwrought or in powder form

9J (

))?!5. (7hodium

(( ther

9J (

))?!-) (3ridium, osmium and ruthenium(( nwrought or in powder form

9J (

))?!-. (3ridium, osmium and ruthenium(( ther

9J (

)))!?? @ase metals, silver or gold, clad with platinum, not further worked thansemi(manufactured!

9J (

'?-!)? Ferrous waste and scrap; remelting scrap ingots of iron or steel!(*aste and scrap of cast iron

)?J (

'?-!') (*aste and scrap of alloy steel :

(( f stainless steel

)?J (

'?-!'. (*aste and scrap of alloy steel :(( ther

)?J (

'?-!5? (*aste and scrap of tinned iron or steel )?J (

'?-!-) (ther waste and scrap :(( +urnings, shavings, chips, milling waste, sawdust, filings,trimmings and stampings, whether or not in bundles

)?J (

'?-!-. (ther waste and scrap :(( ther

)?J (

'?-!9? (7emelting scrap ingots )?J (

-?)!?? Copper mattes; cement copper %precipitated copper&! 9J (

-?'!?? nrefined copper; copper anodes for electrolytic refining! 9J (

-?5!)) 7efined copper and copper alloys, unwrought!

( 7efined copper:( ( Cathodes and sections of cathodes

9J (

-?5!)' ( 7efined copper:

( ( *ire(bars

9J (

-?5!)5 ( 7efined copper:( ( @illets

9J (

-?5!). (7efined copper :(( ther

9J (

'(-9


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Cess##

-?5!') ( Copper alloys:( ( Copper(0inc base alloys %brass&

9J (

-?5!'' ( Copper alloys:( ( Copper(tin base alloys %bron0e&

9J (

-?5!'. ( Copper alloys:

( ( ther copper alloys %other than master alloys of heading -!?9&

9J (

-?-!?? Copper waste and scrap! )?J (

-?9!?? Easter alloys of copper! )?J (

9?)!)? 6ickel mattes, nickel oxide sinters and other intermediate products of nickel

metallurgy!( 6ickel mattes

)?J (

9?)!'? ( 6ickel oxide sinters and other intermediate products of nickel metallurgy )?J (

9?'!)? nwrought nickel!( 6ickel, not alloyed

)?J (

9?'!'? ( 6ickel alloys )?J (

?'!?? 2luminium waste and scrap! )?J (


47/67





Cess##

.-?-!') ( Eattresses:( ( f cellular rubber or plastics, whether or not covered

( ?!'?J

.-?-!.? ( ther ( ?!'?J

.9?!5' 2rticles and e#uipment for general physical exercise, gymnastics, athletics,

other sports %including table(tennis& or outdoor games, not specified orincluded elsewhere in this Chapter; swimming pools and paddling pools!( 4olf clubs and other golf e#uipment:( ( @alls

( ?!'?J

.9?!) ( @alls, other than golf balls and table(tennis balls:( ( awn(tennis balls

( ?!'?J

.9?!' ( @alls, other than golf balls and table(tennis balls:( ( 3nflatable

( ?!'?J

.9?!. ( @alls, other than golf balls and table(tennis balls:

( ( ther

( ?!'?J

'(-


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Section #+ Vietna.

S #=-# (escription 4ase Rate Category

)'))!.?!)- ( ( ( ( 2#uilaria Crassna Pierre )9J C

)'))!.?!). ( ( ( ( 2#uilaria Crassna Pierre )9J C

)'))!.?!.< ( ( ( ( 2#uilaria Crassna Pierre )9J C

)'))!.?!.. ( ( ( ( 2#uilaria Crassna Pierre )9J C

'9?'!??!?? nroasted iron pyrites! )?J 8

'9?5!??!?? "ulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidalsulphur!

)?J 8

'9?-!)?!?? ( 3n powder or in flakes )?J 8

'9?-!.?!?? ( ther )?J 8

'9?9!)?!?? ( "ilica sands and #uart0 sands 5?J N

'9?9!.?!?? (

chapter 2_national treatment and market access for goods chapter

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