   
  
G/SPS/GEN/2084  
 
16 November 2022 
(22-8514) Page: 1/1 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
CHINA 'S ADMINISTRATIVE MEASURES FOR REGISTRATION OF OVERSEAS 
MANUFACTURERS OF IMPORTED FOOD (26 NOVEMBER 2019)  
– SPECIFIC TRADE CONCERN 485  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission , received on 11 November 2022, is the statement made by the United 
States of A merica at the 9 -11 November 2022 WTO SPS Committee, and is being circulated at the 
request of the Delegation of the United States  of America . 
 
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1.  The United States remains deeply concerned with China's continued lack of response to the 
numerous requests for scientific justification or an explanation of how Decrees 248 and 249 will 
address food safety and public health concerns and requests any risk assessments that informed the 
development of these decrees. The United States remains part icularly interested in assessments 
that justify the identification of high -risk products and the application of these measures to low -risk 
products.  
2.  The United States notes that the lack of guidance provided by China and inconsistencies in China's 
implemen tation and enforcement of the measures continue to cause considerable confusion for 
exporters and competent authorities.  
3.  The inconsistent and changing application of these administrative measures is directly leading to 
disruptions in trade. US agencies con tinue to face administrative burdens as they work to resolve 
issues with shipments held up at ports in China.  
4.  Additionally, China's General Administration of Customs, GACC, appears to require foreign 
competent authorities to perform administrative duties a nd maintain information in China's online 
system for each foreign registered facility producing certain categories of products. These types of 
administrative functions are fundamentally the responsibility of the importing country, not foreign 
food safety r egulators. GACC should ensure that all facilities are able to self -register without foreign 
competent authority involvement.  
5.  The United States also remains concerned regarding GACC's requests for additional detailed 
information from facilities and competen t authorities, such as process -specific food safety plans and 
photographs on a facility -by-facility basis, as part of a pre -market registration process. 
These  requirements have created a premarket approval regime with administrative burdens on 
foreign comp etent authorities and exporters that appear to be unnecessary and lack a risk or 
scientific justification.  
6.  We look forward to China's response to these specific requests and comments.  
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