Given the firm commitment made by the Member Countries on the programme of tariff reduction under the CEPT Scheme, attention has now shifted to non-tariff barriers. Now Article 5 of the CEPT Agreement calls on Member States to “eliminate other non-tariff barriers on a gradual basis within a period of five years after the enjoyment of concessions”. Member Countries are working to develop detained work programmes on eliminating NTBs for endorsement by the ASEAN Economic Ministers Meeting scheduled in September 1995. Currently, the Preparatory work for NTB elimination is being undertaken by the Interim Technical Working Group (ITWG) on CEPT for AFTA, which reports directly to the ASEAN Senior Economic Officials.
Significant progress has already been made in identifying those NTBs that affect intra-regional trade the most. The identification process involved a number of important steps. First, a working definition of NTBs had to be agreed upon. This working definition (see Table 3) adopted by the ITWG was based on a classification developed by the United Nations Conference on Trade and Development (UNCTAD). Second, it was decided to focus on those NTBs that affect the most widely-traded Products in the region. These products are those in chapters 27 (minerals), 84 (electrical appliances) and 85 (machinery) of the Harmonised System classification. In 1994, these products made up nearly 55% of Indonesia’s imports; over 64% of Malaysia’s imports; over 50% of the Philippines’ imports; and nearly 70% of Thailand’s imports. Then the ASEAN Secretariat began compiling information on NTBs from a number of different sources, including submissions made by Member Countries, the GATT Trade Policy Review, submissions by the ASEAN Chambers of Commerce & Industry (ASEAN-CCI) and the UNCTAD’s Trade Analysis and Information System (TRAINS) database.
Major NTB’s Identified
Based on these various information sources, the following measures have been identified as major NTBs affecting intra-regional trade: customs surcharges, technical measures and product characteristic requirements, and monopolistic measures. Table 4 gives us an indication of the most widespread NTBs in ASEAN. Customs surcharges are applied to about 2.683 tariff lines. Technical measures and product characteristic requirements come in second involving more than 975 tariff lines. Finally we have monopolistic measures involving state-trading or the use of a selected or limited group of importers.
Table 3
WORKING DEFINITION OF NON-TARIFF MEASURES
FOR PURPOSES OF IMPLEMENTING THE CEPT AGREEMENT
This section presents working definitions for the trade control measures adopted by the Interim Technical Working Group on CEPT for AFTA. These measures are classified under broad categories according to their nature. Within the broad categories, the measures are further subdivided according to their characteristics. Special mention should be made of the measures for sensitive product categories and technical regulations, which are subdivided according to their corresponding objectives, i.e. for the protection of human health, animal health and life, plan health, the environment and wildlife, to control drug abuse, to ensure human safety and to ensure national security.
PARA-TARIFF MEASURES
Other measures that increase the cost of imports in a manner similar to tariff measures, i.e. by a fixed percentage or by a fixed amount, calculated respectively on the basis of the value and the quantity, are known as para-tariff measures. Four groups are distinguished: customs surcharges; additional charges; internal taxes and charges levied on imports; and decreed customs valuation.
Customs surcharges/import surcharges
The customs surcharge, also called surtax or additional duty, is an ad hoc trade policy instrument to raise fiscal revenue or to protect domestic industry.
Additional charges
Additional charges, which are levied on imported goods in addition to customs duties and surcharges and which have no internal equivalent, comprise various taxes and fees. The category of additional charges includes the tax on foreign exchange transactions, stamp tax, airport license fee, consular invoice fee, statistical tax, tax on transport facilities and charges for sensitive product categories. Various other taxes. such as the export promotion fund tax, taxes for the special funds, the municipal tax, registration fee on imported motor vehicles, customs formality tax, etc., are classified as additional charges, n.e.s. It should be noted that Article VIII of GATT states that fees and charges other than customs duties and internal taxes shall be limited in amount to the approximate cost of services rendered and shall not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes.
Decreed customs valuation
Customs duties and other charges on selected airports can be levied on the basis of a decreed value of goods (the so called “valeur mercuriale” in French). This practice is presented as a means to avoid fraud or to protect domestic industry. The decreed value de facto transforms an ad valorem duty into a specific duty.
PRICE CONTROL MEASURES
Measures intended to control the prices of imported articles for the following reasons : (i) to sustain domestic prices of certain products when the import price is inferior to the sustained price; (ii) to establish the domestic price of certain products because of price fluctuation in the domestic market or price instability in the foreign market; and (iii) to counteract the damage caused by the application of unfair practices of foreign trade.
Most of these measures affect the cost of airports in a variable amount calculated on the basis of the existing difference between two prices of the same product. compared for control purposes. The measures initially adopted can be administrative fixing of prices and voluntary restriction of the minimum price level of exports or investigation of prices, to subsequently arrive at one of the following adjustment mechanisms; suspension of airport licenses; application of variable charges, anti-dumping measures or countervailing duties.
Administrative price fixing of import prices
By administrative price fixing, the authorities of the importing country take into account the domestic prices of the producer or consumer establish floor and ceiling price limits; or revert to determined international market values. Various terms are used, depending on the country or sector, to denominate the different administrative price fixing methods, such as official prices, minimum import prices or basic import prices.
Voluntary export price restraint
A restraint arrangement in which the exporter agrees to keep the price of his goods above a certain level.
Variable charges
Variable charges bring the market prices of imported agricultural and food products close to those of corresponding domestic products, in advance, for a given period of time, and for a pre-established price. These prices, are known as reference prices, threshold prices or trigger prices. Primary commodities may be charged per total weight, while charges on processed foodstuffs can be levied in proportion to the primary product contents in the final product. In the case of the EU, the charges applied to primary products as such are called variable levies and those as part of a processed product, variable components.
FINANCE MEASURES
Measures that regulate the access to and cost of foreign exchange for imports and define the terms of payment. They may increase the airport cost in a fashion similar to tariff measures.
Advance payment requirements
Advance payment of the value of the import transaction an /or related imported taxes, whichis required at the moment of the application for, or the issuance of, the import license.
Advance import deposits
Obligation to deposit a percentage of the value of the import transaction for a given time period in advance of the imports, with no allowance for interest to be accrued on the deposit.
Cash margin requirement
Obligation to deposit the total amount corresponding to the transaction value, or a specified part of it, in a commercial bank, before the opening of a letter of credit; payment be required in foreign currency.
Advance payment of customs duties
Advance payment of the totally or a part of customs duties, with no allowance for interest to be accrued.
Refundable deposits for sensitive product categories
The deposit refunds are charges which are refunded when the used products or its containers are returned to a collection system.
Regulations concerning terms of payment for imports
Special regulations regarding the terms of payment of imports and the obtaining and use of credit (foreign or domestic) to finance imports.
Transfer delays, queuing
Minimum permitted delays between the date of delivery of goods and that of final settlement of the import transaction (usually 90, 180 or 360 days for consumer goods and industrial inputs and two to five years for capital goods). Queuing takes place when the prescribed delays cannot be observed because of foreign exchange shortage, and transactions are settled successively after a longer waiting period.
MONOPOLISTIC MEASURES
Measures which create a monopolistic situation., by giving exclusive rights to one or a limited group of economic operators. for earlier social, fiscal or economic reasons.
Single channel for imports
All imports or imports of selected commodities have to be channelled through state-owned agencies or state-controlled enterprises. Sometimes the private sector may also be granted exclusive import rights.
Compulsory national services
Government-sanctioned exclusive rights of national insurance and shipping companies on all or a specified share of imports.
TECHNICAL MEASURES
Measures referring to product characteristics such as quality, safety or dimensions, including the applicable administrative provisions, terminology symbols, testing and test methods, packaging, marking and labelling requirements as they apply to a product. The implementation of these measures by sensitive product categories can result in the application of one of the measures listed under codes ending in 71 to 79.
Technical regulations
Regulations that provide technical requirements, either directly or by referring to or incorporating the content of a standard, technical specification or code of practice, in order to protect human life or health or to protect animal life or health (sanitary regulation); to protect plant health (phytosanitary regulation); to protect the environment and to protect wildlife; to ensure human safety; to ensure national security; to prevent deceptive practices.
The regulation may be supplemented by technical guidance that outlines some means of compliance with the requirements of the regulation, including administrative provisions for customs clearance, such as prior registration of the importer or obligation to present a certificate issued by relevant governmental services in the country of origin of the goods. In certain cases, a prior recognition of the exporter or certificate issuing service by the importing country is also required.
Product characteristics requirements
Technical specifications prescribing technical requirements to be fulfilled by a product.
Marking requirements
Measures defining the information for transport and customs, that the packaging of goods should carry (country of origin, weight, special symbols for dangerous substances, etc.)
Labelling requirements
Measures regulating the kind and size of printing on packages and labels and defining the information that may or should be provided to the consumer.
Packaging requirements
Measures regulating the mode in which goods must be or cannot be packed, in conformity with the importing country handling equipment or for other reasons, and defining the packaging materials to be used.
Testing, inspection and quarantine requirements
Compulsory testing of product samples by a designated laboratory in the importing country, inspection of goods by health authorities prior to release from customs or a quarantine requirement in respect of live animals and plants.
Pre-shipment inspection
Compulsory quality, quantity and price control of goods prior to shipment from the exporting country, effected by an inspecting agency mandated by the authorities of the importing country. Price control is intended to avoid under invoicing and over invoicing, so that customs duties are not evaded or foreign exchange is not being drained.
Special customs formalities
Formalities which are not clearly related to the administration of any measure applied by the given importing country such as the obligation to submit more detailed product information than normally required on the basis of a customs declaration, the requirement to use specific points of entry, etc
Table 4
MOST PREVALENT NTBs, BY NUMBER OF TARIFF LINES
(Preliminary)
| Non-tariff Barrier | Number of Tariff Line Affected |
|---|---|
| Customs surcharges | 2,683 |
| Additional Charges | 126 |
| Single Channel for Imports | 65 |
| State-trading Administration | 10 |
| Technical Measures | 568 |
| Product Characteristic Requirement | 407 |
| Marketing Requirements | 3 |
| Technical Regulations | 3 |
Source: The ASEAN Secretariat
Modality for Eliminating NTBs
Since the measures that act as NTBs tend to vary greatly in their nature, NTB-elimination will mean a different thing depending on the measure concerned. In the case of surcharges this might mean something as simple as doing away with these surcharges. On the other hand, technical regulations cannot be done away with because there are valid reasons for maintaining them, such as public safety, environmental concern, or health reasons. In which case, the elimination of these measures as NTBs might mean harmonizing product standards or developing mutual recognition of standards across Member Countries. The idea is to limit the trade-hampering effects of technical regulations or measures. In the case of monopolistic measures or state monopoly, the process of NTB elimination might mean creating a window for competition and market access by other ASEAN Member Countries.
General Features of the Process for Eliminating NTBs
There has already been an agreement on the general features of the process for eliminating NTBs in ASEAN. The process Involves (a) verification of information on NTBs, (b) prioritisation of products/NTBs, (c) developing specific work programmes, and (d) obtaining a mandate from the ASEAN Economic Ministers to implement the work programme.
Member Countries are now in the process of verifying the list of NTBs and products covered by these measures compiled by the ASEAN Secretariat. Several criteria have already been considered by the Interim Technical Working Group on CEPT for AFTA (ITWG) to identify which products/measures have to be dealt with first. These criteria can be used singly or in combination with each other to set priorities. These criteria are in order of importance: (a) number of private sector complaints, (b) difference between domestic and world prices, and (c) trade value. The first criterion would rely on the private sector’s or exporters’ complaints. Presumably, they are in a better position to tell how different measures existing in the country of destination acts as a trade barrier. The second criterion is the price divergence between domestic and world prices. The price wedge gives an indication of how much trade is hindered since if there are no trade barriers presumably importation would tend to wipe out this price difference. The difficulty with this criterion is that it is difficult to find the price data to make this sort of comparison. Finally, the trade value criterion would prioritise those NTBs/products which is traded most widely (both within and outside the region). The advantage of this criterion is that the ASEAN Secretariat already has this information. The disadvantage of this criterion is that it does not tell us whether the NTB present in the sector hampers trade or not. The fact that there is extensive trade in this product may indicate that the NTB is not an important hindrance to trade. As pointed out above, these criteria are not mutually exclusive. They can be used jointly, and in fact, where all three criteria converge, they should give a robust indicator of the degree to which NTBs exist in that product or sector.
Other ASEAN-wide Activities bearing on NTBs
Although, the work on NTB elimination is now currently centered in the Interim Technical Working Group on CEPT for AFTA (ITWG), it is recognized that expertise from different ASEAN bodies will have to be tapped for carrying out this work eventually. One of these bodies is the ASEAN Consultative Committee for Standards and Quality (ACCSQ) which has already set up a Task Force to deal with NTB elimination. The NTB elimination process, specially that bearing on technical standards, will require the assistance of ACCSQ. It can convene the expert panels or expert groups that will be involved in assessing how far ASEAN can go in harmonising technical standards or developing mutual recognition agreements. There is also some work along these lines currently being done on Sanitary and Phytosanitary (SPS) measures for agricultural products. Under the Senior Officials of the ASEAN Ministers of Agriculture and Forestry (SOM AMAF) is a Working Group on SPS measures which have come up with action plans on NTB elimination in the areas of crops, livestock and fisheries. The action plans involve compiling information on technical measures in ASEAN countries covering agricultural products, and looking into how greater transparency, mutual recognition and harmonisation of SPS standards can further liberalise intra-ASEAN trade in agricultural products.
Decision of the Seventh AFTA Council
The Seventh AFTA Council has tasked these Working Groups to finalise their Action Plans by November 1995 providing a detailed timetable of all their activities.
October 3rd, 2012
