Chinese Measures and Trade Concerns Discussed at the February 2021 TBT Committee Meeting

Simon Lester -

At the meeting of the WTO’s Committee on Technical Barriers to Trade held on February 24-26, 2021, a number of WTO Members raised “specific trade concerns” about particular Chinese measures, and China voiced its concerns with measures of other Members. The official minutes of that meeting are now available in WTO document G/TBT/M/83.

Starting with the Chinese measures raised by other Members, the minutes identify new specific trade concerns with the following Chinese measures:

  • Draft Specifications for Cosmetic Registration and Filings; Draft Specifications for Registration and Filing of New Cosmetics Ingredients; Draft Specifications for Cosmetic Efficacy Claim Evaluation, Provisions for the Supervision and Administration of Toothpaste, G/TBT/N/CHN/1454, G/TBT/N/CHN/1524, G/TBT/N/CHN/1525, G/TBT/N/CHN/1526, G/TBT/N/CHN/1527
  • Inventory of Existing Chemical Substances Produced or Imported in China (IECSC) requiring mandatory registration of certain chemicals for import and not notified at WTO

In addition, several previously raised specific trade concerns related to Chinese measures were discussed further:

  • Requirements for information security products, including, inter alia, the Office of State Commercial Cryptography Administration (OSCCA) 1999 Regulation on commercial encryption products and its on-going revision and the Multi-Level Protection Scheme (MLPS)
  • Regulations for the Supervision and Administration of Medical Devices (Order No. 650 of the State Council), G/TBT/N/CHN/1313
  • Cyberspace Administration of China – Draft implementing measures for the Cybersecurity Review of Network Products and Services
  • Encryption Law of the People's Republic of China by the Office of State Commercial Cryptography Administration (OSCCA)
  • Cosmetics Supervision and Administration Regulation and Regulation for Notification of Non-special Cosmetics G/TBT/N/CHN/1310, G/TBT/N/CHN/1311, G/TBT/N/CHN/1331, G/TBT/N/CHN/1453, G/TBT/N/CHN/1454, G/TBT/N/CHN/1459, G/TBT/N/CHN/1460, G/TBT/N/CHN/1515
  • Draft Administrative Measures for Registration of Overseas Producers of Imported Foods, G/TBT/N/CHN/1522
  • Commercial Cryptography Administrative Regulations
  • Registration Fees for Drugs and Medical Device Products
  • Cybersecurity Law
  • Catalogue of Solid Wastes Forbidden to Import into China, G/TBT/N/CHN/1211

For each of these measures, the minutes record the discussion by the Members and provide insights about which Members have concerns and what exactly those concerns are.

In addition, China made comments on some of the measures of other Members that were raised as specific trade concerns, including the following:

  • Saudi Arabia - Technical Regulation for limiting and restricting hazardous materials in electrical and electronic equipment, G/TBT/N/SAU/1048, G/TBT/N/SAU/1166, G/TBT/N/SAU/1166/Corr.1
  • Saudi Arabia - Air Conditioners - Minimum Energy Performance, Labelling and Testing Requirements for Low Capacity Window Type and Single-Split, G/TBT/N/SAU/526, G/TBT/N/SAU/774, G/TBT/N/SAU/1167
  • United States - Energy Conservation Program: Energy conservation standards for residential dishwashers, G/TBT/N/USA/945/Add.3, G/TBT/N/USA/1505/Add.2
  • Canada - Medical Device Single Audit Program (MDSAP)
  • European Union - Testing methods for prohibited chemicals of regulation on cosmetic products, G/TBT/N/EU/752
  • Morocco - Automotive glass testing requirements