. /.WORLD TRADE
ORGANIZATIONWT/L/454
17 May 2002
(02-2744)
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
Brazil – Schedule III
Decision of 13 May 20021
The General Council,
Considering  that the Members of the WTO, by their Decisions of 13 December 1995,
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999,
4 November 1999, 3 May 2000, 8 December 2000 and 8 May 20012, acting pursuant to the provisions of
paragraph 3 of Article IX of the WTO Agreement, su spended the application of the provisions of Article
II of GATT 1994 until 30 April 2002, for the purpose of  enabling the Members listed in the Annex to
implement the recommended amendments to the Harmonized System nomenclature;
Considering  that by their decision of 8 May 2001, Me mbers of the WTO also agreed that it
would be the last time that an extension of the HS 96 waiver would be granted on a collective basis, but
that this would not, however, pr eclude Members form requesting waivers on an individual basis;
Noting  that Brazil has requested a waiver for the reasons explained in its request3;
Considering  that Brazil would need more time to proceed with consultations in light of
reservations made by one Member;
Acting  pursuant to the provisions of paragra ph 3 of Article IX of the WTO Agreement;
Decides, in view of the exceptional circumstances, to  suspend the application of the provisions
of Article II of GATT 1994, until 31 July 2002, for the purpose of enabling Brazil to implement the
recommended amendments to the Harmonized Sy stem nomenclature, subject to the following
conditions:
 
(i) Brazil shall, where necessary, promptly en ter into negotiations and consultations with
interested Members pursuant to paragr aphs 1-3 of Article  XXVIII of GATT 1994;
(ii) the negotiations and consultations mentioned above shall be completed not later than
31 July 2002;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council in November 1995 (WT/L/93).
2WT/L/124+Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338,
WT/L/351, WT/L/379 and WT/L/400.
3 G/L/511.WT/L/454
Page 2
(iii) Pending entry into force of the results of the negotiations or consultations mentioned
above, the other Members will be free, pu rsuant to Article XXVIII:3, to suspend
concessions initially negotiated with Brazil to the extent that they consider that
adequate compensation is not offered by Brazil.
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