. /.WORLD TRADE
ORGANIZATIONWT/L/555
22 December 2003
(03-6703)
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
Thailand – Schedule LXXIX
Decision of 16 December 20031
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, 8 May 2001, 13 May 2002, 15 October 2002 and
24 July 20032 acting pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement,
suspended the application of the provisions of Article II of GATT 1994 until 30 April 2003, for the
purpose of enabling the Members listed in the Annexes to implement the recommended amendmentsto the Harmonized System nomenclature;
Considering  that by their Decision of 8 May 2001, Members of the WTO also agreed that it
would be the last time an extension of HS96 waiver would be granted on a collective basis, but that
this would not, however, preclude Members fr om requesting waivers on an individual basis;
Noting  that Thailand has requested a waiver for reasons explained in its request
3;
Considering  that Thailand has responded to questions raised by two Members;
Acting  pursuant to the provisions of paragraph 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, until 31 October 2003, for the purpose of enabling Thailand to
implement the recommended amendments to the Ha rmonized System nomenclature, subject to the
following conditions:
(i) Thailand shall, where necessary, promptly enter into negotiations and consultations
with interested Members pursuant to paragraphs 1-3 of Article XXVIII of
GATT 1994;
(ii) the negotiations and consultations mentioned above shall be completed not later than
30 April 2004;
                                                     
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).
2 WT/L/124, 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, WT/L/400, WT/L/463, WT/L/490, and WT/L/527.
3 G/L/647.WT/L/555
Page 2
(iii) pending entry into force of the results of the negotiations or consultations mentioned
above, the other Members will be free, pursuant to Article XXVIII:3, to suspend
concessions initially negotiated with Thailand to the extent that they consider that
adequate compensation is not offered by Thailand.
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