IMMEDIATE NOTIFICATION UNDER ARTICLE 12.5 OF THE AGREEMENT
ON SAFEGUARDS TO THE COUNCIL FOR TRADE IN GOODS OF
PROPOSED SUSPENSION OF CONCESSIONS AND OTHER
OBLIGATIONS REFERRED TO IN ARTICLE 8.2
OF THE AGREEMENT ON SAFEGUARDS

CHINA

The following communication, dated 29 March 2018, is being circulated at the request of the delegation of China.

 

_______________

 

 

Pursuant to Article 12.5 of the Agreement on Safeguards, and in accordance with the agreed format for notifications ( G/SG/1 , 1 July 1996), the Government of China provides the immediate notification to the Council for Trade in Goods of proposed suspension of concessions and other obligations referred to in paragraph 2 of Article 8.

 

1.  Which Member is proposing suspension of concessions and other obligations referred to in Article 8.2?

 

China.

 

2.  Specify the measures, the product subject to the measures, and the Member imposing the measures in relation to which the Member is proposing suspension of concessions and other obligations referred to in Article 8.2.

 

The applied measures imposed by the United States on imports of steel and aluminum from 23 March 2018.

 

China takes the view that the above-mentioned measures of the United States are safeguard measures although it's in the name of national security. We believe the measures taken by the United States are not consistent with its obligations under the relevant provisions of the GATT 1994 and Safeguards Agreement.

 

3.  Describe the proposed suspension of concessions and other obligations referred to in Article 8.2 and the proposed date from which it will come into effect.

 

The proposed suspension of substantially equivalent concessions and other obligations under Article XIX:3 of the GATT 1994 and Article 8.2 of the Agreement on Safeguards takes the form of an increase in tariffs on selected products originating in the United States (as indicated in Annex I and calculated as indicated in Annex II), based on the part of the measures of the United States which were not taken as a result of an absolute increase for the last 3 years (2014-2016) . China reserves its right to further suspend substantially equivalent concessions and other obligations based on the rest part of the measures of the United States.

 

Without prejudice to the effective exercise of its right to suspend substantially equivalent concessions or other obligations referred to in Article 8.2, China reserves its right to effectuate the proposed suspension immediately and adjust the products as well as the tariff rates.

 

_______________

ANNEX I

The goods covered are determined, within the Annex, by HS codes.

 

HS codes

Article Description

Additional duty

1. Fresh Fruits, Dried Fruits and Nuts

1

08011100

Coconuts, Desiccated

15%

2

08011200

Coconuts in the inner shell (Endocarp)

15%

3

08011990

Coconuts, Other

15%

4

08012100

Brazil Nuts, Fresh Or Dried, In Shell

15%

5

08012200

Brazil Nuts, Fresh Or Dried, Shelled

15%

6

08013100

Cashew Nuts, Fresh Or Dried, In Shell

15%

7

08013200

Cashew Nuts, Fresh Or Dried, Shelled

15%

8

08021100

Almonds, Fresh Or Dried, In Shell

15%

9

08021200

Almonds, Fresh Or Dried, Shelled

15%

10

08022100

Hazelnuts Or Filberts (Corylus Spp.), Fresh Or Dried, In Shell

15%

11

08022200

Hazelnuts Or Filberts (Corylus Spp.), Fresh Or Dried, Shelled

15%

12

08023100

Walnuts, Fresh Or Dried, In Shell

15%

13

08023200

Walnuts, Fresh Or Dried, Shelled

15%

14

08024110

Chestnuts (Castanea Spp.), Fresh Or Dried, In shell

15%

15

08024290

Chestnuts (Castanea Spp.), Fresh Or Dried, Shelled, Other

15%

16

08025100

Pistachios, Fresh Or Dried, In Shell

15%

17

08025200

Pistachios, Fresh Or Dried, Shelled

15%

18

08026190

Macadamia Nuts In Shell, Other, Fresh Or Dried

15%

19

08026200

Macadamia Nuts Shelled, Fresh Or Dried

15%

20

08028000

Areca Nuts, Fresh Or Dried, Whether Or Not Shelled

15%

21

08029030

Pine-nuts, Fresh Or Dried, Shelled

15%

22

08029090

Other nuts, Fresh Or Dried

15%

23

08031000

Plantains, Fresh Or Dried

15%

24

08039000

Bananas, Other Than Plantains, Fresh Or Dried

15%

25

08041000

Dates, Fresh Or Dried

15%

26

08042000

Figs, Fresh Or Dried

15%

27

08043000

Pineapples, Fresh Or Dried

15%

28

08044000

Avocados, Fresh Or Dried

15%

29

08045010

Guavas, Fresh Or Dried

15%

30

08045020

Mangoes, Fresh Or Dried

15%

31

08045030

Mangosteens, Fresh Or Dried

15%

32

08051000

Oranges, Fresh Or Dried

15%

33

08052190

Mandarins (Including Tangerines and Satsumas), Other, Fresh Or Dried

15%

34

08052200

Clementines

15%

35

08052900

Wilkings And Similar Citrus Hybrids

15%

36

08054000

Grapefruit, Including Pomelos

15%

37

08055000

Lemons (Citrus Limon, Citrus Limonum) and Limes (Citrus Aurantifolia)

15%

38

08059000

Citrus Fruit, Other, Fresh Or Dried

15%

39

08061000

Grapes, Fresh

15%

40

08062000

Grapes, Dried

15%

41

08071100

Watermelons, Fresh

15%

42

08071910

Hami Melons, Fresh

15%

43

08072000

Papaws (Papayas) Fresh

15%

44

08081000

Apples, Fresh

15%

45

08083010

Ya Pears, Hsueh Pears, Fresh

15%

46

08083090

Pears, Other, Fresh

15%

47

08092100

Sour Cherries (Prunus Cerasus), Fresh

15%

48

08092900

Cherries, Fresh, Other Than Sour Cherries

15%

49

08093000

Peaches, Including Nectarines, Fresh

15%

50

08094000

Plums And Sloes, Fresh

15%

51

08101000

Strawberries, Fresh

15%

52

08102000

Raspberries, Blackberries, Mulberries And Loganberries, Fresh

15%

53

08104000

Cranberries, Bilberries and Other Fruits of the Genus Vaccinium, Fresh

15%

54

08105000

Kiwifruit, Fresh

15%

55

08106000

Durian, Fresh

15%

56

08107000

Persimmons, Fresh

15%

57

08109010

Lychee, Fresh

15%

58

08109030

Longan, Fresh

15%

59

08109040

Rambutan, Fresh

15%

60

08109050

Sugar Apple, Fresh

15%

61

08109060

Carambola, Fresh

15%

62

08109070

Wax Apple, Fresh

15%

63

08109080

Dragon Fruit, Fresh

15%

64

08109090

Other Fruit, Fresh

15%

65

08111000

Strawberries, Frozen

15%

66

08112000

Raspberries/Blackberries/Mulberries/Loganberries/Black, White or Red Currants and Gooseberries, Frozen

15%

67

08119090

Fruit And Nuts, Frozen, Other

15%

68

08121000

Cherries, Provisionally Preserved, But Unsuitable In That State For Immediate Consumption

15%

69

08129000

Fruit And Nuts, Other, Provisionally Preserved, But Unsuitable In That State For Immediate Consumption,

15%

70

08131000

Apricots, Dried

15%

71

08132000

Prunes, Dried

15%

72

08133000

Apples, Dried

15%

73

08134010

Longans and Longan Pulps, Dried

15%

74

08134020

Persimmons, Dried

15%

75

08134030

Red Jujubes, Dried

15%

76

08134040

Preserved Litchi, Dried

15%

77

08134090

Fruit, Other, Dried, Other Than That of Headings 0801 To 0806

15%

78

08135000

Mixtures of Nuts Or Dried Fruits Of This Chapter

15%

2. Grape Wine

79

22041000

Sparkling Wine Of Fresh Grapes

15%

80

22042100

Other Wine Of Fresh Grapes or Grape Must With Fermentation Prevented Or Arrested By the Addition of Alcohol, In Containers Holding 2L or Less

15%

81

22042200

Other Wine Of Fresh Grapes or Grape Must With Fermentation Prevented Or Arrested By the Addition of Alcohol, In Containers Holding More Than 2L But Not More Than 10L

15%

82

22042900

Other Wine Of Fresh Grapes or Grape Must With Fermentation Prevented Or Arrested By the Addition of Alcohol, In Containers Holding More Than 10L

15%

83

22043000

Other Grape Must Other Than That of Heading 20.09

15%

3. Denatured Ethyl Alcohol

84

22072000

Ethyl Alcohol And Other Spirits, Denatured, Of Any Strength

15%

4. Ginseng Roots

85

12112010

American Ginseng Roots, Fresh, Chilled, Frozen or Dried, Whether or Not Cut, Crushed

15%

86

12112091

Ginseng Roots, Other, Fresh

15%

87

12112099

Ginseng Roots, Other, Chilled, Frozen or Dried

15%

5. Seamless Tubes, Pipes And Hollow Profiles, Of Iron Or Steel

88

73041110

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Stainless Steel Used For Oil Or Gas Pipelines, Having an Outside Diameter Of 215.9mm Or More But Not Exceeding 406.4mm

15%

89

73041120

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Stainless Steel Used For Oil Or Gas Pipelines, Having an Outside Diameter Exceeding 114.3mm But Less Than 215.9mm

15%

90

73041130

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Stainless Steel Used For Oil Or Gas Pipelines, Having an Outside Diameter Not Exceeding 114.3mm

15%

91

73041190

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Stainless Steel Used For Oil Or Gas Pipelines, Having an Outside Diameter Exceeding 406.4mm

15%

92

73041910

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Other Kind Used For Oil Or Gas Pipelines, Having an Outside Diameter Of 215.9mm Or More But Not Exceeding 406.4mm

15%

93

73041920

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Other Kind Used For Oil Or Gas Pipelines, Having an Outside Diameter Exceeding 114.3mm But Less Than 215.9mm

15%

94

73041930

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Other Kind Used For Oil Or Gas Pipelines, Having an Outside Diameter Not Exceeding 114.3mm

15%

95

73041990

Tubes, Pipes And Hollow Profiles, Smls, Line Pipe Of Other Kind Used For Oil Or Gas Pipelines, Having an Outside Diameter Exceeding 406.4mm

15%

96

73042210

Tubes, Pipes And Hollow Profiles, Smls, Drill Pipe Of Stainless Steel, Used In Drilling For Oil Or Gas, Having an Outside Diameter Not Exceeding 168.3mm

15%

97

73042290

Tubes, Pipes And Hollow Profiles, Smls, Drill Pipe Of Stainless Steel, Used In Drilling For Oil Or Gas, Having an Outside Diameter Exceeding 168.3mm

15%

98

73042310

Tubes, Pipes And Hollow Profiles, Smls, Other Drill Pipe, Used In Drilling For Oil Or Gas, Having an Outside Diameter Not Exceeding 168.3mm

15%

99

73042390

Tubes, Pipes And Hollow Profiles, Smls, Other Drill Pipe, Used In Drilling For Oil Or Gas, Having an Outside Diameter Exceeding 168.3mm

15%

100

73042400

Tubes, Pipes And Hollow Profiles, Smls, Casing, Tubing Of Stainless Steel Used In Drilling For Oil Or Gas

15%

101

73042910

Tubes, Pipes And Hollow Profiles, Smls, Casing, Tubing, Of Other Kind Used In Drilling For Oil Or Gas, Having an Yield Strength Less Than 552MPa

15%

102

73042920

Tubes, Pipes And Hollow Profiles, Smls, Casing, Tubing, Of Other Kind Used In Drilling For Oil Or Gas, Having an Yield Strength of 552MPa or More but Less Than 758MPa

15%

103

73042930

Tubes, Pipes And Hollow Profiles, Smls, Casing, Tubing, Of Other Kind Used In Drilling For Oil Or Gas, Having an Yield Strength of 758MPa or More

15%

104

73043110

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Cold-drawn Or Cold-rolled (Cold-reduced), Boiler Tubes and Pipes

15%

105

73043120

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Cold-drawn Or Cold-rolled (Cold-reduced), Geologicalcasing and Drill Pipes

15%

106

73043190

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Cold-drawn Or Cold-rolled (Cold-reduced), Other

15%

107

73043910

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Other Than Cold-drawn Or Cold-rolled (Cold-reduced), Boiler Tubes and Pipes

15%

108

73043920

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Other Than Cold-drawn Or Cold-rolled (Cold-reduced), Geologicalcasing and Drill Pipes

15%

109

73043990

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Iron or Non-Alloysteel, Other Than Cold-drawn Or Cold-rolled (Cold-reduced), Other

15%

110

73044110

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Stainless Steel, Cold-drawn Or Cold-rolled (Cold-reduced), Boiler Tubes and Pipes

15%

111

73044190

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Stainless Steel, Cold-drawn Or Cold-rolled (Cold-reduced), Other

15%

112

73044910

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Stainless Steel, Other Than Cold-drawn Or Cold-rolled (Cold-reduced), Boiler Tubes and Pipes

15%

113

73044990

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Of Stainless Steel, Other Than Cold-drawn Or Cold-rolled (Cold-reduced), Other

15%

114

73045110

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Cold-Drawn or Cold-Rolled (Cold-Reduced), Biler Tubes and Pipes

15%

115

73045120

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Cold-Drawn or Cold-Rolled (Cold-Reduced), Geological Casing and Drill Pipes

15%

116

73045190

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Cold-Drawn or Cold-Rolled (Cold-Reduced), Other

15%

117

73045910

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Other Than Cold-Drawn or Cold-Rolled (Cold-Reduced), Biler Tubes and Pipes

15%

118

73045920

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Other Than Cold-Drawn or Cold-Rolled (Cold-Reduced), Geological Casing and Drill Pipes

15%

119

73045990

Tubes, Pipes And Hollow Profiles, Smls, Circ Cs, Other Alloy Steel, Other Than Cold-Drawn or Cold-Rolled (Cold-Reduced), Other

15%

120

73049000

Tubes, Pipes And Hollow Profiles, Smls, Of Iron (Other than Cast Iron) or Steel, Other

15%

6. Meat And Edible Meat Offal of Swine

121

02031200

Meat of Swine, Fresh or Chilled, Hams, Shoulders and Cuts Thereof, With Bone In

25%

122

02031900

Meat of Swine, Fresh or Chilled, Other

25%

123

02032190

Meat of Swine, Frozen, Carcasses and Half-carcasses, Other

25%

124

02032200

Meat of Swine, Frozen, Hams, Shoulders and Cuts Thereof, With Bone In

25%

125

02032900

Meat of Swine, Frozen, Other

25%

126

02064100

Livers Of Swine, Edible, Frozen

25%

127

02064900

Offal Of Swine Except Livers, Edible, Frozen

25%

7. Aluminum Waste

128

76020000

Aluminum Waste and Scrap

25%

 

 


 

ANNEX II

The substantially equivalent concessions or other obligations under GATT 1994 were calculated as follows:

 

1. The effects on trade due to the measures of the United States on China's steel and aluminum export were calculated as follows: (based on the export value in 2014; in million US dollars) .

 

Affected Products

China's Exports to the U.S.

The US's Increase

in duty

Duty Collected

Steel Products

2351.17

25%

587.79

Aluminum Products

163.82

10%

16.38

Total

2514.99

 

604.17

 

 

2. The effects on trade due to application of substantially equivalent concessions on China's imports originating in the U.S were calculated as follows: (based on the import value in 2014; in million US dollars) .

The goods

description

China's imports originating in the U.S.

China's Increase in Duty

Duty Collected

 

Fresh Fruits, Dried Fruits and Nuts

408.25

15%

61.24

Grape Wine

72.82

15%

10.92

Denatured Ethyl Alcohol

18.46

15%

2.77

Ginseng Roots

14.89

15%

2.23

Seamless Tubes, Pipes And Hollow Profiles, Of Iron Or Steel

235.37

15%

35.31

Meat And Edible Meat Offal of Swine

761.61

25%

190.40

Aluminum Waste

1234.34

25%

308.59

Total

2745.74

 

611.46

 

 

 

__________