COSMETICS

Tariffs
  • China will reduce its average tariff on cosmetics from the current average of 23.5 percent to 10.7 percent.  Most tariff reductions will be completed by 2004 or 2005.  Tariffs on priority exports will be further cut to 6.5 percent by 2008.
Distribution and Trading Rights
  • Prior to its accession, through various means, China restricted the number of companies that had the right to import and export goods as well as the types of goods that these companies could import.  China has agreed, upon its accession, to eliminate any export performance, trade or foreign exchange balancing, and prior experience requirements as criteria for obtaining or maintaining the right to import and export.  Chinese enterprises will also have full trading rights upon China’s accession, subject to certain minimum registered capital requirements.  Joint ventures with minority foreign ownership will be granted full trading rights within one year after accession, and joint ventures with majority foreign ownership will be granted full trading rights within two years after accession.  All enterprises, including those in the cosmetics industry, will be granted full trading rights within three years after accession (except with regard to a limited number of products reserved for state trading enterprises, as identified in Annex 2A to the Protocol).
  • For enterprises and individuals that are not invested in China, the right to import and export will be granted in a non-discriminatory and non-discretionary way.  Any requirements will be for customs and fiscal purposes only. 
  • Prior to its accession, China did not generally permit foreign companies to distribute products through wholesale and retail systems in China or to provide related distribution services, such as repair and maintenance services.  These prohibitions will be phased out over three years for most products, including cosmetics.  (See sector report on Distribution Services)
Import Procedures
  • China has agreed to bring both its automatic and non-automatic import licensing systems into conformity with the WTO Agreement on Import Licensing, ensuring that these systems will not function as trade barriers and will comply with the principles of national treatment and nondiscrimination. 
  • China will no longer condition importation or investment approvals on whether competing domestic suppliers exist or on performance requirements of any kind, such as export performance, local content, technology transfer, offsets, foreign exchange balancing, or research and development.
Technical Barriers to Trade 
  • China must bring all of its technical regulations, standards, and conformity assessment procedures into conformity with the TBT Agreement.  The same processing periods and fees will apply to both imported and domestic products and the choice of the assessment body or agency will be at the discretion of the importer.
  • China must apply the same technical regulations, standards, and conformity assessment procedures to imported and domestic products by authorizing agencies to assess both types of products during an 18-month transition period.
  • Multiple and duplicative assessment procedures will be eliminated.
  • China will only test imported products for conformity with contractual terms at the request of the parties to the contract and will not require further conformity assessment procedures (except for random sampling) for products certified by a body that China recognizes (e.g., UL).
  • China must now base technical regulations on international standards.  These regulations must be developed in a transparent manner and applied equally to domestic and foreign products.
Taxes
  • China has agreed to ensure that its laws, regulations, and other measures relating to internal taxes and charges levied on imports comply with WTO rules and are applied uniformly to both foreign and domestic enterprises.  This obligation applies not only to national taxes but to provincial and local taxes as well.
Subsidies
  • China has agreed to eliminate all subsidies on industrial goods that are prohibited under WTO rules, i.e., export and import substitution subsidies. (See separate report on Import Related Issues)

December 2001
Department of Commerce
International Trade Administration
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