RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/310
3 October 2001
(01-4742)
Council for Trade in Goods Original:  English
REQUEST BY THE DOMINICAN REPUBLIC FOR A WAIVER UNDER
ARTICLE IX OF THE WTO AGREEMENT FOR MINIMUM VALUES
UNDER THE AGREEMENT ON IMPLEMENTATION
OF ARTICLE VII OF THE GATT 1994
Draft Decision
Taking into account the Dominican Republic's request for a waiver from the WTO Agreement
on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs
Valuation Agreement) in order to temporarily ma intain minimum values in respect of the goods
identified in Annex 1, and noting:
- that the Dominican Republic is a Member to the WTO Agreement on Implementation of
Article VII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation
Agreement) and invoked paragraph 1, Article 20 of that Agreement on 9 March 1995, and
was therefore scheduled to apply the provisions of the Agreement on 9 March 2000;
- on 3 March 20001, the Customs Valuation Committee agreed to the Dominican Republic's
request under paragraph 1 of An nex III of the Customs Valuation Agreement for extension of
its transition period until 1 July 2001;
- the good cause for the Dominican Republic's request as set out in G/C/W/286 and its intention
for this waiver to be on a limited and transitional basis;
- that this waiver  to maintain temporarily minimum values will apply only to the goods
identified in Annex I, and the Dominican Repub lic's intention that this would be a single
request for a waiver to maintain minimum values;
- that in all other regards the Dominican Republic has implemented fully the Customs
Valuation Agreement since 1 July 2001;
- the Dominican Republic's long-standing commitment and considerable efforts in reforming
and modernizing its customs administration;
- the Dominican Republic has benefited from technical assistance in support of implementation
and application of the WTO Agreement on Customs Valuation;
- the Dominican Republic's  intention to use the period of this waiver to develop proficiency in
techniques such as risk management and verification in order to be able to apply by the end of
this waiver period the Customs Valuation Agreement to the goods identified in Annex 1;
                                                     
1G/VAL/22.G/C/W/310
Page 2
- that the Dominican Republic implemented and applied on 1 July 2001 Paragraph 2 of the
Decision on the Valuation of Carrier Media Bearing Software for Data Processing
Equipment2;
- that the Dominican Republic does not use currently, and does not plan to use, preshipment
inspection services for purposes of customs valuation;
- the procedures set out in paragraphs 3 and 4 of Section B.1 of G/VAL/5;
Having regard to the Guiding Principles to be followed in considering applications for
waivers adopted on 1 November 19563, the Understanding in Respect to Waivers of Obligations under
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization.
Members, acting pursuant to the provisions of paragraph 3 of Article IX of the WTO
Agreement,
Decide, in view of the exceptional circumstances set out above, that:
1. Subject to the terms and conditions set out hereunder, the Dominican Republic may use the
officially-established minimum values for the valuation for customs purposes of the goods
listed in Annex I until no later than 1 July 2003;
2. the Dominican Republic will not apply minimum values to additional products;
3. the Dominican Republic will publish and make  publicly available by 30 November 2001 the
data sources, methodologies, basis, criteria and other relevant information for determining the
minimum values for the goods identified in Annex 1;
4. the Dominican Republic will publish and make publicly available any amendments or
changes to the above-mentioned data sources, methodologies, basis, criteria and other
relevant information 60 days before implementing such changes, and will not apply such
changes to importations entering its customs territory prior to the completion of this 60 daynotification period;  and
5. this Decision shall not prejudice the rights and obligations of the Dominican Republic under
the WTO Agreements, in particular those rights and obligations under the Customs Valuation
Agreement.
                                                     
2  G/VAL/5.
3 L/532.G/C/W/310
Page 3
ANNEX 1
Tariff heading Description of product
0402.21.10
1006.30.00
2523.10.00
2523.29.00
2710.00.793923.90.00
3926.90.90
ex 4011.20.00
4818.40.906908.10.00
8415.81.00
8450.11.00
8517.11.00
8528.12.00
ex 8703.22.99
ex 8703.23.19
ex 8703.23.99ex 8703.24.99
ex 8703.31.99
ex 8704.21.10ex 8704.22.90
ex 8704.31.10
ex 8704.90.10ex 8711.20.19Milk and cream
Semi-milled of wholly milled rice
Cement clinkers
Lubricating oils
Plastics (articles of)
Used Pneumatic tyres
Diapers and sanitary towelsCeramic products
Air conditioning machines, refrigerators and washing
machines
Sound reproducersUsed Motor vehicles, tractors and parts thereof
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