. /.WORLD TRADE
ORGANIZATIONG/C/W/457
14 March 2003
(03-1488)
Council for Trade in Goods
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
Thailand – Schedule  LXXIX
Draft Waiver Decision
The General Council,
Considering  that the Members of the WTO, by their Decisions of 13 December 1995,
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999,
4 November 1999, 3 May 2000, 8 December 2000, 8 May 2001, 13 May 2002 and 15 October 20021,
acting pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement, suspended the
application of the provisions of Article II of GATT 1994 until 30 April 2003, for the purpose of
enabling the Members listed in the Annexes to  implement the recommended amendments to the
Harmonized System nomenclature;
Considering  that by their Decision of 8 May 2001, Members of the WTO also agreed that it
would be the last time an extension of HS96 waiver would be granted on a collective basis, but that
this would not, however, preclude Members fr om requesting waivers on an individual basis;
Noting  that Thailand has requested a waiver for reasons explained in its request2;
Considering  that Thailand would need more time to respond to questions raised by two
Members;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement;
Decides , in view of the exceptional circumstances, to suspend the application of the
provisions of Article II of GATT, until 31 October 2003, for the purpose of enabling Thailand to
implement the recommended amendments to the Ha rmonized System nomenclature, subject to the
following conditions:
(i) Thailand shall, where necessary, promptly enter into negotiations and consultations
with interested Members pursuant to paragraphs 1-3 of Article XXVIII of GATT
1994;
(ii) the negotiations and consultations mentioned above shall be completed not later than
31 October 2003;
                                                     
1 WT/L/124, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338,
WT/L/351, WT/L/379, WT/L/400, WT/L/463 and WT/L/490.
2 G/L/611.G/C/W/457
Page 2
(iii) pending entry into force of the results of the negotiations or consultations mentioned
above, the other Members will be free, pursuant to Article XXVIII:3, to suspend
concessions initially negotiated with Thailand to the extent that they consider that
adequate compensation is not offered by Thailand.
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