 WORLD TRADE  
ORGANIZATION  TN/MA/W/46/Add.8/Rev.1 
18 November 2004 
 (04-4993) 
Negotiating Group on Market Access  
   
NON -TARIFF BARRIER NOTIFICATIONS  
 
Revision
 
  
 
I.
 UNITED STATES.................................................................................................................. .  2 
 
 TN/MA/W/46/Add.8/Rev.1 
Page 2  
 
I. UNITED STATES 
 The United States considers that addressing non-tariff barriers (NTBs) is an integral and 
equally important part of the D oha mandate on non-agricultural ma rket access, and welcomes the 
emphasis the General Council has placed on NTBs in Annex B, Paragraph 14 of the Doha Work 
Programme, which it adopted on August 1, 2004.  The United States recognizes that the NTB 
discussions are without prejudice to a Member’s abilit y to pursue legitimate regulatory objectives in a 
WTO-consistent manner.  
  The United States is pleased to contribute the attached indicative list of NTBs in response to 
the Paragraph 14 request for NTB notifications.  Th e list reflects concerns expressed by a wide range 
of industries.  While we do not identify the Memb er or Members maintaining the barrier in this 
indicative list, we note that the attached list re flects NTBs maintained by both developed and 
developing Members.   The attached indicative list includes thirteen re presentative examples of NTBs, in a variety of 
sectors, drawn from extensive consultations with our industry.  In the column labeled “Treatment of 
the barrier,” we offer our ideas for how specific NT Bs might be approached in negotiations, including 
through “vertical” NTB discussions, which would focus attention on a wide range of issues of concern 
to a single industry.  To address these concerns, conc rete liberalization steps could be pursued in the 
relevant Doha negotiating forum and could involve a variety of modalities, as appropriate.  As part of 
the vertical approach, we believe that Member s should explore “positive” initiatives, pursuant to 
which interested Members would agree to implemen t new or clarified rules or procedures affecting 
trade in a particular group of products.     In recognition that the Negotiating Group on Non-Agricultural Market Access may not 
always be the most appropriate forum for addressing a specific non-tariff barrier, the attached 
indicative list does not include any NTB complaints wh ich relate directly to concerns regarding the 
WTO-consistency of existing measur es maintained by WTO Members.   We also did not include 
customs-related NTBs, as we expect that th ese barriers will be addressed in trade facilitation 
negotiations.   The United States wishes to stress that the attached list is indicative and by no means 
represents a complete list of the NTBs affecting our exporters.  We reserve the right to raise additional 
issues in the negotiations, as necessary.  We are subm itting this list in order to highlight the types of 
barriers identified by U.S. industry, which we be lieve affect not just U.S. businesses, but other 
producers in both developed and developing Members.     TN/MA/W/46/Add.8/Rev.1
 Page 3Maintaining 
participant 
1 Products affected by 
the barrier 
2 Nature of the barrier 
 
3 Trade effects of the 
barrier 
4 Inventory 
category 
5 Relevant WTO 
Provisions 
6 Treatment of the barrier 
 
7 
 Motor vehicles Many Members maintain strict 
limits and/or excessively 
burdensome regulations on the 
ability of the private sector to offer financing for the purchase of motor 
vehicles. Inhibits the sale of 
motor vehicles I-D GATS Explore through services 
negotiations, vertical 
automotive initiative and/or 
bilateral request/offer 
 Motor vehicles 
 Members maintain foreign equity 
restrictions that restrict or 
manipulate investments in 
automotive production.  Inhibits or prohibits 
foreign investment IV-L  Not currently 
covered Explore through vertical 
automotive initiative and/or 
goods bilateral request/offer 
 Motor vehicles Several Members base vehicle taxes 
on engine displacement, which 
disproportionately burdens manufacturers that produce vehicles 
with larger engine sizes. Inhibits the sale of 
vehicles with larger 
engine sizes; provides a competitive advantage 
to producers of vehicles 
with smaller engine sizes III-B GATT Explore through vertical 
automotive initiative and/or 
goods bilateral request/offer 
 Pharmaceuticals, motor 
vehicles Distribution channels are not open 
to imported products. 
  Impedes or prevents 
market access 
  I-D, IV-L GATS Explore through services 
negotiations, vertical 
automotive initiative and/or bilateral request/offer 
 Textiles made up for 
assembly, yarns, fabric, 
apparel Excessive technical certification 
(quality control) requirements and 
difficult, costly marking and labeling requirements  Impedes or prevents 
market access  III-C, IV-
K GATT, TBT Explore vertically, through 
support for a positive initiative 
that would have as its goal greater international uniformity 
in textile marking and labeling 
requirements.  
 
           TN/MA/W/46/Add.8/Rev.1 
Page 4 
Maintaining 
participant 
1 Products affected by 
the barrier 
2 Nature of the barrier 
 
3 Trade effects of the 
barrier 
4 Inventory 
category 
5 Relevant WTO 
Provisions 
6 Treatment of the barrier 
 
7 
 Forest products Building codes and product 
standards are often drafted in such a 
manner that they unreasonably 
restrict the expansion of wood products into regulated construction 
markets.  For example, use of 
prescriptive rather than performance-based criteria and 
standards unnecessarily limits the 
use of wood products in construction by arbitrarily calling 
for specific products or materials.  Impedes or prevents 
market access  III-A, III-
B GATT, TBT Explore through an overall 
forest products vertical, 
including through positive 
initiatives that support efforts aiming at greater uniformity of 
product technical regulations 
and standards that underlie building codes.  
 Forest products, medical 
equipment, information 
technology (IT) products 
and others Test results for products with 
similar performance are not 
recognized without expensive and 
duplicative testing. Impedes or prevents 
market access III-C TBT Explore through verticals for 
each particular sector, including 
through positive initiatives 
 Medical equipment, 
heavy equipment, textiles, motor vehicle 
parts and others Prohibitions on  the importation and 
sale of used or remanufactured products.  Prevents market access 
in these markets IV-B GATT, TBT Explore through verticals for 
each particular sector, including through positive initiatives 
 Medical and scientific 
equipment and instrumentation, forest 
products, cosmetics, 
information technology products, household 
goods, electrical 
machinery, heating, ventilation and air 
conditioning, and others Overly prescriptive standards 
focused on design rather than performance characteristics Products which 
objectively meet safety and quality 
performance are kept 
out of the market III-B GATT, TBT Explore through verticals for 
each particular sector, including through positive initiatives 
 
          TN/MA/W/46/Add.8/Rev.1
 Page 5Maintaining 
participant 
1 Products affected by 
the barrier 
2 Nature of the barrier 
 
3 Trade effects of the 
barrier 
4 Inventory 
category 
5 Relevant WTO 
Provisions 
6 Treatment of the barrier 
 
7 
 Motor vehicles, motor 
vehicle parts, textiles 
and apparel, 
environmental goods, forest products, 
motorcycles, information 
technology (IT) products, alcoholic 
beverages and others Many Members maintain unique 
testing and certification procedures 
and diverse standards and 
regulations (including labeling).  
 
  
 Imposes unnecessary 
and burdensome costs 
on importers and delays 
entry of products into market 
 
  
 III-C TBT Explore through verticals for 
each particular sector; explore 
through positive initiatives 
including through support for existing international standards 
discussions such as United 
Nations Working Party 29  
 Motorcycles Multiple Members prohibit the use 
of motorcycles with certain engine displacements and/or the use of 
motorcycles on tollways. Limits export potential 
of motorcycles to these markets III-B TBT Explore through bilateral 
request/offer negotiations 
 Chemicals, electronics 
and others Lack of transparency of 
administrative measures including 
regulatory and product registration procedures Trade disruption, 
uncertainty, additional 
costs for manufacturers and consumers III-B GATT, TBT, 
SPS Explore, on a horizontal basis, 
cooperative efforts to increase 
openness and transparency of regulatory and product 
registration procedures, 
including justification and 
rationale for proposed 
regulations.  
 Medical equipment and 
other healthcare products A variety of measures inhibit the 
ability of foreign companies to 
provide products in certain 
Members' markets. Products which 
objectively meet safety, 
quality, and 
performance parameters are kept out 
of the market III-A, B 
and C; IV-
A, F and 
H GATT, TBT Explore vertically, including 
through positive initiatives, 
and/or goods bilateral 
request/offer 
 
__________ 
 