U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 21 of 101
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Summary of issues by theme Raised by Raised by China's response
United other WTO
into a contract with supplier. introduction. However, importers qualified to
apply for import permits could submit
applications to AQSIQ on an equitable basis.
Concerning the questions on import
requirements for GMO products, the Ministry of
Agriculture of China had decided to extend
Circular No. 222 to 20 April 2004, wherein
contents concerning application requirements
and approval procedures for genetically
modified (GM) products remained unchanged.
The Ministry of Agriculture had entertained the
idea of indicating on an Interim Safety
Certificate the names of importers whose
applications were submitted after 20
September. However, when they found that
such a measure, were it to be implemented,
would contradict that adopted by AQSIQ, they
had not in fact carried out this idea. Therefore
to reply to the question, China had not
promulgated such a policy as had been
mentioned in the questions presented, namely
a policy which required the provision of the
importer's name upon application of the Interim
Certificate for GMO products; therefore the
alleged contradiction contained in the
questions had not actually taken place.
Reason for requirement for inspections Writtena
of facilities that import processed
agricultural goods but not for domestic
Applicability of Provisional Rules on European The liberalization of distribution rights would be
Establishment of Sino-Foreign Foreign Communities executed in accordance with the Schedule of
Trade Companies to all joint ventures (EC) - Specific Commitments on Services. Currently,
with minority share foreign-investment. Writtenb enterprises in China with foreign investment
had the right to import equipment, technology,
raw material and other goods for self-use, and
export their products, while for the importation
of goods and technology other than the above-
listed, enterprises should change the scope of
their business as required by relevant
legislation. The Foreign Trade Law of the
People's Republic of China was being revised
to reflect that specific requirement. In
January 2003, the former Ministry of Foreign
Trade and Economic Cooperation (MOFTEC)
promulgated the Interim Rules for Establishing
Sino-Foreign Trade Joint Ventures, endowing
legally incorporated Sino-foreign joint ventures
with the right of import and export for the
goods, technology and services within the
approved scope, and the right to conduct
domestic wholesale of the goods imported by
the joint ventures themselves. With
distribution also included, the scope of the
rights granted by the Interim Rules went
beyond what China had committed to in the
Protocol. In that spirit, the Interim Rules had
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/21/: accessed May 26, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.