2003年3月WTO对加拿大贸易政策审-中国政府的问题和评论(英文)
WTO Trade Policy Review of Canada
Comments and Questions from China
12-14 March 2003
Report by the Secretariat
III. TRADE POLICIES AND PRACTICES BY MEASURE
(2) Measures Affecting Imports
(ii) Tariffs
l Notwithstanding the continued decrease on the average tariff, Canada maintains a disproportionately high tariff level over a wide array of products, especially in the sensitive sectors like vegetables, wine, textile and clothing, shoes, ships and etc. China would like to know whether Canada intended to reduce these high tariffs and tariff peaks; and if so, what timeframe could be envisaged?
(v) Contingency Measures
l As indicated by the Chart III.4, China is the third largest target of the anti-dumping measures by Canada till the end of 2001, which has affected the trade volume of USD 100 million. Furthermore, the government questionnaire in the anti-dumping investigation is formulated in such a way that is overly burdensome and complicates the effective responses by the involved parties. It is expected that Canada can streamline and, to the extent possible, simplify the relevant procedures and explain the consistence of its applied measures on anti-dumping with WTO principles. Besides, it is hoped that the efforts and achievements made by China in market economy reform can be recognized and taken into account in the process of anti-dumping investigations by the Canadian government.
(vii) Standards, technical regulations, and SPS measures
China attaches great importance to the technical cooperation with Canada in regard of the SPS measures on the basis of science and WTO rules. The excessively stringent SPS measures maintained by Canada against Chinese products have been a source for heightened concern. We would like to have Canada’s view on the compatibility with scientific value and WTO rules of the following measures:
l Chinese casing processors licensed by Canadian government can only export to Canada the casing using materials originating from certain members, while casing using materials from other members, including China, is denied of access to Canadian market. Please explain the legitimacy of the measure in light of the Article 2.3 of SPS Agreement.
l Could Canada provide the relevant information on the risk assessment, which leads to the import suspension against the poultry and rabbit meat from China, and please explain its consistency with Article 2.3 and 5.4 of SPS Agreement.
l With regard to the import of food of animal origin, it is expected that Canada can provide the criteria for food safety of these products, especially honey and shrimp, which will help the exporters in meeting these requirements.
l It has been noted that 60.7% of the notifications on TBT measures made by Canada to the WTO in the year of 2002 did not allow for the 60-day comment period, and during this period a large number of notified SPS measures failed to do the same. It’s also worth noting that Canada has not granted the 6-month compliance period in full for all its SPS notifications since the last policy review in 2000. Attention is drawn to Para. L of Annex 3 of TBT agreement on Code of Good Practice for the Preparation, Adoption and Application of Standards, which provides for the commenting requirements with regard to the adoption of standard, and Article 3.1 of Doha Ministerial Declaration on the understanding of “longer time-frame for compliance”. Could Canada explain the consistency of the its application of TBT and SPS measures with WTO rules and principles?
(3) MEASURES DIRECTLY AFFECTING EXPORTS
(ii) Export financing and other assistance
l Export Development Act was amended by the Government of Canada in 2001, which regulates the Export Development Canada (EDC) in terms of incorporation, mandates and financial management. However, it’s noted that the operating procedures of EDC seem not clearly defined in the said Act. Could Canada please provide clarification with regard to the operating procedures and its intention to formulate implementation regulation for the Export Development Act?
(4) MEASUREMENTS AFFECTING PRODUCTION AND TRADE
(v) Government Procurement
l As a signatory to the GPA, Canada is the only member of it who does not extend the coverage to the procurement by governments at provincial level and state owned companies. We would like to have Canada’s clarification in this regard.
IV. TRADE POLICIES IN SELECTED SECTORS
(2) AGRI-FOOD
(iii) Tariff Quotas
l Canada’s imports of several types of agriculture products, like diary, poultry, meat, eggs, wheat and barley are conducted under the tariff quota regime and the out-of-quota import of these products are subject to prohibitive tariff rates that sometime go up to 200%. This practice appears to constitute a de facto quantitative restriction and we would like to seek the Canada’s view on that.
Comments and Questions from China
12-14 March 2003
Report by the Secretariat
III. TRADE POLICIES AND PRACTICES BY MEASURE
(2) Measures Affecting Imports
(ii) Tariffs
l Notwithstanding the continued decrease on the average tariff, Canada maintains a disproportionately high tariff level over a wide array of products, especially in the sensitive sectors like vegetables, wine, textile and clothing, shoes, ships and etc. China would like to know whether Canada intended to reduce these high tariffs and tariff peaks; and if so, what timeframe could be envisaged?
(v) Contingency Measures
l As indicated by the Chart III.4, China is the third largest target of the anti-dumping measures by Canada till the end of 2001, which has affected the trade volume of USD 100 million. Furthermore, the government questionnaire in the anti-dumping investigation is formulated in such a way that is overly burdensome and complicates the effective responses by the involved parties. It is expected that Canada can streamline and, to the extent possible, simplify the relevant procedures and explain the consistence of its applied measures on anti-dumping with WTO principles. Besides, it is hoped that the efforts and achievements made by China in market economy reform can be recognized and taken into account in the process of anti-dumping investigations by the Canadian government.
(vii) Standards, technical regulations, and SPS measures
China attaches great importance to the technical cooperation with Canada in regard of the SPS measures on the basis of science and WTO rules. The excessively stringent SPS measures maintained by Canada against Chinese products have been a source for heightened concern. We would like to have Canada’s view on the compatibility with scientific value and WTO rules of the following measures:
l Chinese casing processors licensed by Canadian government can only export to Canada the casing using materials originating from certain members, while casing using materials from other members, including China, is denied of access to Canadian market. Please explain the legitimacy of the measure in light of the Article 2.3 of SPS Agreement.
l Could Canada provide the relevant information on the risk assessment, which leads to the import suspension against the poultry and rabbit meat from China, and please explain its consistency with Article 2.3 and 5.4 of SPS Agreement.
l With regard to the import of food of animal origin, it is expected that Canada can provide the criteria for food safety of these products, especially honey and shrimp, which will help the exporters in meeting these requirements.
l It has been noted that 60.7% of the notifications on TBT measures made by Canada to the WTO in the year of 2002 did not allow for the 60-day comment period, and during this period a large number of notified SPS measures failed to do the same. It’s also worth noting that Canada has not granted the 6-month compliance period in full for all its SPS notifications since the last policy review in 2000. Attention is drawn to Para. L of Annex 3 of TBT agreement on Code of Good Practice for the Preparation, Adoption and Application of Standards, which provides for the commenting requirements with regard to the adoption of standard, and Article 3.1 of Doha Ministerial Declaration on the understanding of “longer time-frame for compliance”. Could Canada explain the consistency of the its application of TBT and SPS measures with WTO rules and principles?
(3) MEASURES DIRECTLY AFFECTING EXPORTS
(ii) Export financing and other assistance
l Export Development Act was amended by the Government of Canada in 2001, which regulates the Export Development Canada (EDC) in terms of incorporation, mandates and financial management. However, it’s noted that the operating procedures of EDC seem not clearly defined in the said Act. Could Canada please provide clarification with regard to the operating procedures and its intention to formulate implementation regulation for the Export Development Act?
(4) MEASUREMENTS AFFECTING PRODUCTION AND TRADE
(v) Government Procurement
l As a signatory to the GPA, Canada is the only member of it who does not extend the coverage to the procurement by governments at provincial level and state owned companies. We would like to have Canada’s clarification in this regard.
IV. TRADE POLICIES IN SELECTED SECTORS
(2) AGRI-FOOD
(iii) Tariff Quotas
l Canada’s imports of several types of agriculture products, like diary, poultry, meat, eggs, wheat and barley are conducted under the tariff quota regime and the out-of-quota import of these products are subject to prohibitive tariff rates that sometime go up to 200%. This practice appears to constitute a de facto quantitative restriction and we would like to seek the Canada’s view on that.
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