./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/RO/W/74
5 March 2002
(02-1114)
Committee on Rules of Origin Original:  English
IMPLICATIONS OF THE IMPLEMENTATION OF THE
HARMONIZED RULES OF ORIGIN ON OTHER WTO AGREEMENTS
Submission from Japan
The following communication, dated 4 March 2002, has been received from the Permanent
Mission of Japan.
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Relationship between the harmonized rules of origin and labelling requirements on foods
1. Regarding the relationship between the harmonized rules of origin and  labelling requirements
on foods introduced by Members, we already provided a detailed examination on the matter in oursubmission presented last June (G/RO/W/66).
2. As stated in that paper, while the harmonized rules of origin are primarily designed to give a
single origin for each product, for the purpose of customs procedures, the rationale of origin labelling
requirements, enforced at domestic marketing stages, is to provide necessary information to
consumers.  As a logical consequence of this, when carrying out origin labelling, it is often requested,
in the case of processed foods, to declare the origins of the ingredients (in addition to the single originof the final product), or, in the case of meat, to lis t the history of the product (i.e. to list individually
the place of birth, of rearing and of slaughter).
3. In other words, we have to admit as a reality that sometimes it is not reasonable to apply the
rulings set out under the harmonized rules of origin (i.e. by giving a single origin for each product) tothose of origin labelling requirements on foods, which aim at achieving consumer policy objectives.
4. In light of the above, we cannot deny the fact that, in certain cases, it is rather inappropriate to
thoroughly and automatically apply the results of the ongoing harmonization work to the labelling
requirements on foods, which are applied domestically.  It should also be understood that, in suchcases, the harmonized rules of origin should not prevent the necessary measures to be taken in
accordance with WTO agreements for achieving the policy objectives of responding to consumers’
concerns.
Relationship between the harmonized rules of origin and  sanitary and phytosanitary measures
5. Regarding the relationship between the harm onized rules of origin and  sanitary and
phytosanitary measures in Members,  Japan’s idea is as follows.
6. Sanitary and phytosanitary measures, applied by Members in order to protect human, animal
or plant life or health, are introduced according to the possibility (risk) of infection of those products
subject to such measures.  In other words, the question to be posed when applying these measures liesG/RO/W/74
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not only in the “origin” of the product, but al so in “how” and “from where” it has been imported,
including the place of transit.  A logical consequence of this is that each Member will naturally apply
these measures as necessary, from a scientific point of view, disregarding to the origin of the product
determined by the harmonized rules of origin for the purpose of customs procedures.
7. In light of the above, it is not logical in itself to refer to the harmonized rules of origin (i.e.
determine the origin of the product) when deciding whether to apply sanitary and phytosanitary
measures.  It should, however, be understood that th e harmonized rules of origin shall not prevent the
necessary measures to be taken in accordance with WTO agreements for achieving the policy
objectives of mainly avoiding the introduction of pests or diseases.
A desirable way forward
8. From the above point of view, it is desirable to establish an explicit understanding among
Members on at least the following two points, in order to help the smooth implementation of the
harmonized rules of origin when the process has been completed:
(i) In certain cases, it is rather inappropriate to thoroughly and automatically apply the results of
the ongoing harmonization work to the labelling requirements on foods applied domestically.
(ii) It is not logical in itself to refer to the harmonized rules of origin in deciding whether to apply
sanitary and phytosanitary measures.
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