Exercise 2:

Non-Tariff Measures, Trade Remedies, and Rules of Origin

Product: HS-090111 / Coffee (excluding roasted and

decaffeinated).
Exporting country: Viet Nam.
Target markets: Switzerland & India.
2. DATA AVAILABILITY

Click on Market Access Map or go straight to www.macmap.org

2.1. Find out the latest available year for different types of information for your two
target markets: Switzerland and India.

Hint: Go to “About” and click on “Data Availability”.

 Use the tabs on top of the table to navigate between different data types.
 Note down the latest year for which data has been uploaded on Market Access Map.

i. For Regulatory requirements (…../1)

ii. For trade flows (…../1)

Latest available year

Type of data
Switzerland India

Regulatory requirements 2019 2019

Trade flows 2020 2020

3. ANALYZE TRADE AGREEMENTS AND RULES OF ORIGIN

To benefit from possible tariff advantages (see previous questions), you have to
comply with Rules of Origin (ROO) and provide the necessary certificates and forms.

3.1. Please fill in the table below for the tariff regimes you found for one of your

Hint: Go to "Analyse" and click on "Trade Agreements". Select the country of origin and your target
market as a partner.

selected target markets.

i. Is there a trade agreement between Viet Nam and India? (…../1)

ii. Are the rules of origin available? (…../1)
iii. Are the certificates/forms available? (…../1)
 Are the Rules of Are the
Target Name of the trade
Origin (RoO) certificates /forms
market agreement(s)
available? available?

FTA, Asean–India Yes Yes

India

GSTP Yes Yes

3.2 How can you best define the GSTP Countries Trade agreement? (….. /2)
Hint: Under the “Rules of Origin” sub-header on the results page, find the document containing the
text of the agreement. Based on the first pages, summarize (a) the members of the agreement
and (b) the intent of the agreement.

(a) The members of the agreement:

- Any member of the Group of 77 listed in annex I which has exchanged concessions
and has become party to this Agreement in accordance with its articles 25, 27 or 28;

- Any sub-regional/regional/inter-regional grouping of developing countries members

of the Group of 77 listed in annex I which has exchanged concessions and has become
party to this Agreement in accordance with its articles 25, 27 or 28;

(b) The intent of the agreement:

By the present Agreement, the participants establish the GSTP to promote and sustain
mutual trade, and the development of economic co-operation among developing
countries, through exchange of concessions in accordance with this Agreement.

The GSTP may inter alia consist of the following components:

(a) arrangements relating to tariffs;

(b) arrangements relating to para-tariffs;

(c) arrangements relating to non-tariff measures;

(d) arrangements relating to direct trade measures including medium and long-term
contracts;

(e) arrangements relating to sectoral agreements.

3.3 (If applicable) under which condition is your product considered to originate from
Viet Nam?". (….. /2)
Hint: You can find specific regulations under respective trade agreements.

My product is considered to originate from Viet Nam if it is under these following

conditions:

(a) Products wholly produced or obtained in the exporting participant as defined in

Rule 2; or

(b) Products not wholly produced or obtained in the exporting participant, provided
that the said products are eligible under Rule 3 or Rule 4.

4. IDENTIFY OTHER MARKET ACCESS REQUIREMENTS IN MACMAP

4.1. Does India apply non-tariff measures (NTMs) to your product? (….. /1)

Hint: Go to the "Access" tab and click on "Export and import requirements". Enter the target market
(Destination) and the exporting country (Ghana). Specify your HS6 product.

Circle your answer.

Yes or No

If yes, what kind of NTMs did you find? (….. /1)

A - Sanitary and phytosanitary measures 

 A140 - Special Authorization requirement for SPS reasons 
 A150 - Registration requirement for importers 
  A210 - Tolerance limits for residues in foods and feeds and their contact
materials 
 A310 - Labelling requirements 
 A330 - Packaging requirements 
 
B - Technical barriers to trade 
 
 B310 - Labelling requirements 
 B302 - Marking requirements 
 B330 - Packaging requirements 
 B600 - Product identity requirements 
 B700 - Product quality or performance requirement 

4.2. Does Switzerland apply non-tariff measures to your product? (….. /1)

Yes or No

If yes, what kind of NTMs did you find? (….. /1)

A - Sanitary and phytosanitary measures 

 A130 - System Approach 
 A140 - Special Authorization requirement for SPS reasons 
 A210 - Tolerance limits for residues of or contamination by certain (non
– microbiological) substances 
 A310 - Labelling requirements 
 A410 - Microbiological criteria of the final product 
 A620 - Storage and transport conditions 

B - Technical barriers to trade 

 B140 - Authorization requirement for TBT reasons 
 B310 - Labelling requirements 
 B410 - TBT regulations on production processes 
 B420 - TBT regulations on transport and storage 
 B600 - Product identity requirements 

4.3 In case, one of your target market applies a NTM to your product imported from
Viet Nam, choose one of these regulations (we suggest you a SPS or TBT regulation)
and provide the complementary information below. (….. /3)
Hint: Click again on the measure(s) above.  You will see a list of sub-measures, such as SPS or
TBT. To obtain the details of each sub-measure, drill down through categories by clicking on the
name of the category again. “01.9999” as an end date means that the end data is not specified
in the regulation.
 Name of the A310 - Labelling requirements 
requirement
Which countries have to
comply with this All coutries and territories
measure
When did the measure
2001
enter in force?
Which authority in FSA (Food Standard Agency)
………. implemented
the measure?
Is an end date of the
No
measure known?

4.4. Does any of the two target markets impose Trade Remedies (Anti-dumping-,
Countervailing- or Safeguard measures) on your product?

Yes or No

4.5. For another look at trade remedies, find the remedy imposed on Vietnamese
imports of plastic tableware (HS-392410) by India. After finding the specific remedy,
briefly summarize it below:

Hint: Go to “Find trade remedies, enter India as the importing country and Viet Nam as the exporting
country. Then, enter the above code as the HS Code and click “proceed.”

In the matter of Melamine Tableware and Kitchenware products, originating in, or

exported from the Peoples Republic of China, Thailand and Vietnam and imported
into India, the designated authority in its final findings published in the Gazette of
India has come to the conclusion that:

(i)  The subject goods have been exported to India from the subject countries
below its normal value;

(ii)  The domestic industry has suffered material injury

 (iii)  The material injury has been caused by the dumped imports of the subject
goods from subject countries

(iv)  The injury has been caused cumulatively by the imports from the subject
countries, and has recommended imposition of definitive antidumping duty on
imports of the subject goods, originating in, or exported from subject countries
and imported into India, in order to remove injury to the domestic industry

4.6. What is the duty imposed by India on “plastic tableware” from Viet Nam and
when should the measure end? Is there any other country being targeted?

- The specific duty is 1,732.11 USD/ton.

- The measure should end in 4th December 2020 (04/12/2020).

- Other targeted countries: The People’s Republic of China and Thailand.

5. ADDITIONAL PRACTICE: NON-TARIFF MEASURE IDENTIFICATION AND

INTERPRETATION

Product: HS-090111 / Coffee (excluding roasted and

decaffeinated)
Exporting country: Viet Nam
Target market: Turkey

5.1 How many non-tariff measures are applied on this product by the target market?
Hint: Go to the "Access" tab and click "Export and import requirements". Enter the target market
(Destination) and the exporting country (Ghana). Specify your product (Code SH6).

In total of 25 measures.

5.2 Read the summary of the “Testing requirement (SPS)” measure (requirement 1).

Hint: After searching for the NTMs applied by Viet Nam on this product, click on the “+” sign under the
“Details header for more information about each specific measure.

Based on this, what information needs to be on the label of your product before export
to this market?
Expiration Date

5.3 Look over the summaries of the rest of the non-tariff measures imposed on this
product. Based on your reading, which measure(s) do you think would potentially be
hardest for a company to adhere to?

- Based on my reading, I would consider the Inspection Requirement would be the

hardest for a company to adhere due to the long waiting of getting permission and the
possibility of unqualified products.

6. Optional Additional Exercises:

Now we suggest you to use the following information to repeat the exercises. This is
optional.

Question Exportin Importing Product Product description

g country country code

2.1 – 4.4 Peru Lebanon 382440 Prepared additives for

cements, mortars or concretes
United Arab
Emirates

4.5 – 4.6 Turkey Pakistan 284700 Hydrogen perixode

5.1 – 5.3 Algeria Morocco 100199 Wheat and meslin (excl. seed
for sowing, and durum wheat)