A New Facilitative Mechanism at the WTO to Address Non-tariff Measures: Issues for Consideration (Bernasconi & Prystowsky) (August 2006)

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In 2001 Members of the World Trade Organization (WTO) committed, in the context of non-agricultural mar­ket access, to negotiate the reduction of “tariffs [and] non­-tariff barriers, in particular on products of export interest to developing countries.”  The reference to non-tariff barriers (NTBs), referred to in this note as non-tariff measures (NTMs), was included at the insistence of developing countries, who were particularly concerned about those NTMs that are structured to eliminate or reduce imports to benefit domestic industries in developed countries.

Indeed, both developed and developing country exporters face a wide range of obstacles in export markets. NTMs identified in an OECD study in 2003 included, among others: technical measures (including, among other things, content and design requirements, labeling and quar­antine requirements); internal  taxes or charges, customs rules and procedures; competition-related restrictions on market access; quantitative restrictions; subsidies and related government support; public procurement; and trade defense measures (including anti-dumping and countervailing duties, and safeguards).

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