   
  
G/TBT/W/750  
 
21 May 2021 
(21-4281) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
PROPOSAL ON ENHANCING THE QUALITY AND UNIFORMITY OF TBT NOTIFICATIONS  
NINTH TRIENNIAL REVIEW  
Submission from the United States  
The following submission, dated  21 May 2021, is being circulated at the request of the delegation of 
the United States . 
 
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1  BACKGROUND  
1.1.  At present, many TBT notifications do not include enough descriptive language, HS codes or 
ICS codes , for Members to determine  the precise product (s) or product scope that  may be impacted 
by the notified measure . This also creates challenges for Inquiry Points that wish to alert 
stakeholders about a potentially relevant notification.  The result can be that a draft measure is not 
identified by the appropriate technical experts within the global community and that the measure 
cannot therefore benefit from the notice and comment process as contemplated by the TBT 
Agreement.  
1.2.  The resulting technical r egulation  can become burdensome whe n a new requirement is not 
aligned with the relevant international standards and conformity assessment practices. Once 
finalized and effective, such a measure is difficult to amend or revise and s ignificant resources are 
exerted by Members that continue to  raise concerns with final measures in the TBT Committee and 
by the private sector in adjusting and complying.  
1.3.  The problem is more acute for some technologies.  For example, medical technologies are often 
specialized versions of broader categories of produc ts that are classified across many HS chapters – 
a factor complicating proper notification of related measures.  There are similar challenges for food 
and agriculture.  
1.4.  At the conclusion of the Eighth Triennial Review, Members agreed to hold an initial discu ssion 
on how to improve , and what challenges exist for , the identification of products including with respect 
to the use of ICS and/or HS codes and/or product names where precise codes do not apply.  That 
discussion took place during a thematic session held on 4 February 2021 on Submission of 
Notifications: Pro duct Coverage1. 
2  PROPOSAL  
2.1.  To address this complexity with regard to the use of correct HS and ICS codes in notifications, 
it is recommended that the WTO Secretariat build awareness and capacity by organizing a training 
on HS and ICS codes in notifications, with a focus on medical technology as a case study.  The 
training could include Ministries of Trade, Nation al Enquiry Points, National Regulatory Authorities 
and the global medical technology industry.  Following the training, an update should be provided to 
 
1 G/TBT/GEN/310 . G/TBT/W/750  
 
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  the Committee  on suggestions for  increasing the uniformity in the use of ICS and/or HS codes and/or 
produ ct names used in notifications .  
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