GENEVA(1967)PROTOCOL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE

THE CONTRACTING PARTIES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND THE EUROPEAN ECONOMIC COMMUNITY WHICH PARTICIPATED IN THE 1964-67 TRADE CONFERENCE (HEREINAFTER REFERRED TO AS "PARTICIPANTS"),

HAVING CARRIED OUT NEGOTIATIONS PURSUANT TO PARAGRAPH 6 OF ARTICLE XXIV, ARTICLE XXVIII BIS, ARTICLE XXXIII AND OTHER RELEVANT PROVISIONS OF THE GENERAL AGREEMENT IN TARIFFS AND TRADE (HEREINAFTER REFERRED TO AS "THE GENERAL AGREEMENT").

HAVE, THROUGH THEIR REPRESENTATIVES, AGREED AS FOLLOWS:

I-PROVISIONS RELATIN TO SCHEDULES

1. THE SCHEDULE ANNEXED TO THIS PROTOCOL RELATING TO A PARTICIPANT SHALL BECOME A SCHEDULE TO THE GENERAL AGREEMENT RELATING TO THAT PARTICIPANT ON THE DAY ON WHICH THIS PROTOCOL ENTERS INTO FORCE FOR IT PURSUANT TO PARAGRAPH 6.

2. EACH PARTICIPANT SHALL ENSURE THAT, IN SO FAR AS ANY RATE SPECIFIED IN THE COLUMN OF ITS SCHEDULE SETTING OUT THE CONCESSION RATE (HEREINAFTER REFERRED TO AS THE "FINAL RATE") DOES NOT BECOME EFFECTIVE ON 1 JANUARY 1968, EACH FINAL RATE SHALL BECOME EFFECTIVE NOT LATER THAN 1 JANUARY 1972.  WITHIN THE PERIOD OF 1 JANUARY 1968 TO 1 JANUARY 1972 A PARTICIPANT SHALL MAKE RATE REDUCTIONS IN AMOUNTS NOT LESS THAN AND ON DATES NOT LATER THAN THOSE LAID DOWN IN ONE OF THE FOLLOWING SUB-PARAGRAPHS, EXCEPT AS MAY BE OTHERWISE CLEARLY PROVIDED FOR IN ITS SCHEDULE:

(A) A PARTICIPANT WHICH BEGINS RATE REDUCTIONS ON 1 JANUARY 1963 SHALL MAKE EFFECTIVE ONE FIFTH OF THE TOTAL REDUCTION TO THE FINAL RATE ON THAT DATE AND FOUR FIFTHS OF THE TOTAL REDUCTION IN FOUR EQUAL INSTALMENTS ON 1 JANUARY OF 1969, 1970,1971 AND 1972.

(B) A PARTICIPANT WHICH BEGINS RATE REDUCTIONS ON 1 JULY 1968, OR ON A DATE BETWEEN 1 JANUARY AND 1 JULY 1968, SHALL MAKE EFFECTIVE TWO FIFTHS OF THE TOTAL REDUCTION TO THE FINAL RATE ON THAT DATE AND THREE FIFTHS OF THE TOTAL REDUCTION IN THREE EQUAL INSTALMENTS ON 1 JANUARY OF 1970, 1971 AND 1972.

3. ANY PARTICIPANT, AFTER THE SCHEDULE RELATING TO IT ANNEXED TO THIS PROTOCOL HAS BECOME A SCHEDULE TO THE GENERAL AGREEMENT PURSUANT TO THE PROVISIONS OF PARAGRAPH 1 OF THIS PROTOCOL, SHALL BE FREE AT ANY TIME TO WITHHOLD OR TO WITHDRAW IN WHOLE OR IN PART THE CONCESSION IN SUCH SCHEDULE WITH RESPECT TO ANY PRODUCT IN WHICH A PARTICIPANT OR A GOVERNMENT HAVING NEGOTIATED FOR ACCESSION DURING THE 1964-67 TRADE CONFERENCE (HEREINAFTER REFERRED TO AS AN "ACCEDING GOVERNMENT"), BUT THE SCHEDULE OF WHICH ANNEXED TO THIS PROTOCOL OR TO THE PROTOCOL FOR THE ACCESSION OF THE ACCEDING GOVERNMENT HAS NOT YET BECOME A SCHEDULE TO THE GENERAL AGREEMENT, HAS A PRINCIPAL SUPPLYING INTEREST, PROVIDED THAT;

(A) WRITTEN NOTICE OF ANY SUCH WITHHOLDING OF A CONCESSION SHALL BE GIVEN TO THE CONTRACTING PARTIES WITHIN THIRTY DAYS AFTER THE DATE OF SUCH WITHHOLDING.

(B) WRITTEN NOTICE OF INTENTION TO MAKE ANY SUCH WITHDRAWAL OF A CONCESSION SHALL BE GIVEN TO THE CONTRACTING PARTIES AT LEAST THIRTY DAYS BEFORE THE DATE OF SUCH INTENDED WITHDRAWAI.

(C) CONSULTATIONS SHALL BE HELD UPON REQUEST, WITH ANY PARTICIPANT OR ANY ACCEDING GOVERNMENT THE RELEVANT SCHEDULE RELATING TO WHICH HAS BECOME A SCHEDULE TO THE GENERAL AGREEMENT AND WHICH HAS A SUBSTANTIAL INTEREST IN THE PRODUCT INVOLVED.

(D) ANY CONCESSION SO WITHHELD OR WITHDRAWN SHALL BE APPLIED ON AND AFTER THE DAY ON WHICH THE SCHEDULE OF THE PARTICIPANT OR THE ACCEDING GOVERNMENT WHICH HAS THE PRINCIPAL SUPPLYING INTEREST BECOMES A SCHEDULE TO THE GENERAL AGREEMENT.

4. (A) IN EACH CASE IN WHICH PARAGRAPH 1(B) AND (C) OF ARTICLE II OF THE GENERAL AGREEMENT REFERS TO THE DATE OF THAT AGREEMENT, THE APPLICABLE DATE IN RESPECT OF EACH PRODUCT WHICH IS THE SUBJECT OF A CONCESSION PROVIDED FOR IN A SCHEDULE ANNEXED TO THIS PROTOCOL SHALL BE THE DATE OF THIS PROTOCOL, BUT WITHOUT PREJUDICE TO ANY OBLIGATIONS IN EFFECT ON THAT DATE.

(B) FOR THE PURPOSE OF THE REFERENCE IN PARAGRAPH 6(A) OF ARTICLE II OF THE GENERAL AGREEMENT TO THE DATE OF THAT AGREEMENT, THE APPLICABLE DATE IN RESPECT OF A SCHEDULE ANNEXED TO THIS PROTOCOL SHALL BE THE DATE OF THIS PROTOCOL.

II FINAL PROVISIONS

5. (A) THIS PROTOCOL SHALL BE OPEN FOR ACCEPTANCE BY PARTICIPANTS, BY SIGNATURE OR OTHERWISE, UNTIL 30 JUNE 1968.

(B) THE PERIOD DURING WHICH THIS PROTOCOL ANY BE ACCEPTED BY A PARTICIPANT MAY BE EXTENDED BUT NOT BEYOND 31 DECEMBER 1968, BY A DECISION OF THE COUNCIL OF REPRESENTATIVES. SUCH DECISION SHALL LAY DOWN THE RULES AND CONDITION FOR THE IMPLEMENTATION OF THE SCHEDULE ANNEXED TO THIS PROTOCOL RELATING TO THAT PARTICIPANT.

6. THIS PROTOCOL SHALL ENTER INTO FORCE ON 1 JANUARY 1968 FOR THOSE PARTICIPANTS WHICH HAVE ACCEPTED IT BEFORE 1 DECEMBER 1967, AND FOR PARTISIPANTS ACCEPTING AFTER THAT DATE IT SHALL ENTER INTO FORCE ON THE DATES OF ACCEPTANCE, PROVIDED THAT NOT LATER THAN 1 DECEMBER 1967 THE PARTICIPANTS WHICH HAVE ACCEPTED OR ARE THEN PREPARED TO ACCEPT THIS PROTOCOL SHALL CONSIDER WHETHER THEY CONSTITUTE A SUFFICIENT NUMBER OF PARTICIPANTS TO JUSTIFY THE BEGINNING OF RATE REDUCTIONS ACCORDING TO PARAGRAPH 2, AND IF THEY CONSIDER THAT THEY DO NOT CONSTITUTE A SUFFICIENT NUMBER THEY SHALL SO NOTIFY THE DIRECTOR-GENERAL WHO SHALL REQUEST ALL PARTTICIPANTS TO REVIEW THE SITUATION WITH A VIEW TO SECURING THE GREATEST POSIBLE NUMBER OF ACCEPTANCES AT THE EARLIEST PRACTICABLE DATE.

7. THIS PROTOCOL SHALL BE DEPOSITED WITH THE DIRECTOR-GENERAL TO THE CONTRACTING PARTIES WHO SHALL PROMPTLY FURNISH A CERTIFIED COPY THEREOF AND A NOTIFICATION OF EACH ACCEPTANCE THOREOF, PURSUANT TO PARAGRAPH 5 ABOVE, TO EACH CONTRACTING PARTY TO THE GENERAL AGREEMENT AND TO THE EUROPEAN ECONOMIC COMMUNITY.

8. THIS PROTOCOL SHALL BE REGISTERED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 102 OF THE CHARTER OF THE UNITED NATIONS.

DONE AT GENEVA THIS THIRTIETH DAY OF JUNE ONE THOUSAND NINE HUNDRED AND SIXTY-SEVEN, IN A SINGLE COPY, IN THE ENGLISH AND FRENCH LANGUAGES, EXCEPT AS OTHERWISE SPECIFIED WITH RESPECT TO THE SCHEDULES ANNEXED HERETO, BOTH TEXTS BEING AUTHENTIC.

ANNEX

SCHEDULES OF CONCESSIONS OF CONTRACTING PARTIES AND THE EUROPEAN ECONOMIC COMMUNITY

NOTES TO SCHEDULE XXXVIII - JAPAN

1. EXCEPT AS IS OTHERWISE PROVIDED HEREIN, THE RATE SPECIFIED IN THE FOURTH COLUMN (HEREINAFTER REFERRED TO AS "THE FINAL RATE") FOR EACH PRODUCT PROVIDED FOR HEREIN SHALL BE EFFECTIVE FROM 1 JANUARY 1972.

2. SUBJECT TO PARAGRAPH 3, THE RATES FOR SUCH PRODUCT WHICH SHALL BE EFFECTIVE DURING THE EIGHTEEN MONTHS COMMENCING ON 1 JULY 1968 (HEREINAFTER REFERRED TO FOR STAGING PURPOSE AS THE "FIRST AND SECOND YEARS"), AND DURING THE THIRD AND FOURTH YEARS COMMENCING ON 1 JANUARY OF 1970 AND 1971 RESPECTIVELY, SHALL BE THE FINAL RATES THEREFOR INCREASEC BY 60 PER CENT, 40 PER CENT AND 20 PER CENT RESPECTIVELY, OF THE DIFFERENCE BETWEEN THE BASE RATE AND THE FINAL RATE.

3. THE GOVERNMENT OF JAPAN RESERVES THE RIGHT, SUBJECT ONLY TO THE PROVISIONS OF THE FIRST SENTENCE OF PARAGRAPH 5(B) OF THE PROTOCOL TO WHICH THIS SCHEDULE IS ATTACHED AND IN EXCEPTIONAL CIRCUMSTANCES, TO BEGIN THE IMPLEMENTATION OF ITS SCHEDULE ON A DATE AFTER 1 JULY 1968, BUT NOT LATER THAN 1 SEPTEMBER 1968: PROVIDED THAT IT SHALL MAKE EFFECTIVE TWO FIFTHS OF THE TOTAL REDUCTION TO THE FINAL RATE ON THAT DATE, ONE FIFTH OF THE TOTAL REDUCTION ON A DATE WHICH PRECEDES 1 JANUARY 1970 BY TWICE THE NUMBER OF DAYS BY WHICH THE TWO FIFTHS REDUCTION WAS DELAYED AFTER 1 JULY 1968, AND TWO FIFTHS OF THE TOTAL REDUCTION IN TWO EQUAL INSTALMENTS ON 1 JANUARY OF 1971 AND 1972.

4. THE FINAL RATES MARKED WITH ONE ASTERISK SHALL BECOME EFFECTIVE ON 1 JULY 1968 OR ON SUCH DATE AS MAY BE DETERMINED PURSUANT TO PARAGRAPH 3 ABOVE.

5. WITH REGARD TO THE FINAL RATES MARKED WITH TWO ASTERISKS, THE STAGING OF TARIFF REDUCTION SHALL, NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 2 AND 3 ABOVE, BE AS FOLLOWS:

12.01-1 SOYA BEANS

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

13% 3 YEN 84 SEN/KG 3 YEN 36 SEN/KG 2 YEN 88 SEN/KG 2 YEN 40 SEN/KG

EX 51.01-1 NYLON YARN (CONTINUOUS), NOT PUT UP FOR RETAIL SALE, OF A WEIGHT NOT EXCEEDING 0.5 G/M

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

24% 20% 17.5% 15% 12.5%

EX 61.01-2 DRESSES, SUITS AND OVERCOATS, NOT USED, OF COTTON

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

21% 21% 20.5% 19% 17.5%

EX 61.01-2 DRESSES, SUITS AND OVERCOATS, NOT USED, OF WOOL OR WOOL MIXED WITH OTHER FIBRES

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

22.5% 22% 20.5% 19% 17.5%

EX 61.02-2(2) DRESSES, SUITS AND OVERCOATS, NOT USED, OF COTTON

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

21% 21% 20.5% 19% 17.5%

EX 61.02-2(2) DRESSES, SUITS AND OVERCOATS, NOT USED, OF WOOL OR WOOL MIXED WITH OTHER FIBRES

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

22.5% 22% 20.5% 19% 17.5%

EX 74.01-2(2) OTHER UNWROUGHT COPPER: EXCLUDING THOSE UNALLOYED, CONTAINING MORE THAN 95% BY WEIGHT OF COPPER

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

30 YEN/KG 25 YEN 80 SEN/KG 25 YEN 20 SEN/KG 24 YEN 60 SEN/KG 24 YEN/KG

EX 79.01-1(1)A UNWROUGHT ZINC, UNALLOYED, CONTAINING MORE THAN 97% BY WEIGHT OF ZINC, NOT MORE THAN 70 YEN/KG IN VALUE FOR CUSTOMS DUTY

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

FOR EACH KILOGRAM, 12 YEN PLUS A HALF OF THE DIFFERENCE BETWEEN 70 YEN AND THE VALUE FOR CUSTOMS DUTY FOR EACH KILOGRAM, 11 YEN PLUS A HALF OF THE DIFFERENCE BETWEEN 70 YEN AND THE VALUE FOR CUSTOMS DUTY FOR EACH KILOGRAM, 10 YEN PLUS A HALF OF THE DIFFERENCE BETWEEN 70 YEN AND THE VALUE FOR CUSTOMS DUTY FOR EACH KILOGRAM, 9 YEN PLUS A HALF OF THE DIFFERENCE BETWEEN 70 YEN AND THE VALUE FOR CUSTOMS DUTY FOR EACH KILOGRAM, 8 YEN PLUS A HALF OF THE DIFFERENCE BETWEEN 70 YEN AND THE VALUE FOR CUSTOMS DUTY

EX 79.01-1(1)A OTHER UNWROUGHT ZINC, UNALLOYED, CONTAINING MORE THAN 97% BY WEIGHT OF ZINC

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

12 YEN/KG 11 YEN/KG 10 YEN/KG 9 YEN/KG 8 YEN/KG

79.01-1(2)B UNWROUGHT ZINC, ALLOYED, CONTAINING NOT MORE THAN 3% BY WEIGHT OF ALUMINIUM

BASE RATE OF DUTY 1ST AND 2ND YEARS 3RD YEAR 4TH YEAR CONCESSION RATE OF DUTY

12 YEN/KG 12 YEN/KG 12 YEN/KG 11 YEN/KG 10 YEN/KG

HOWEVER, IN CASE WHERE THE GOVERNMENT OF JAPAN BEGINS THE IMPLEMENTATION OF ITS SCHEDULE ON A DATE AFTER 1 JULY 1968, AS IS PROVIDED FOR IN PARAGRAPH 3 ABOVE, THE RATE FOR THE FIRST AND SECOND YEARS SHALL BECOME EFFECTIVE ON THAT DATE, AND THE RATE FOR THE THIRD YEAR SHALL BECOME EFFECTIVE ON A DATE WHICH PRECEDES 1 JANUARY 1970 BY TWICE THE NUMBER OF DAYS BY WHICH THE IMPLEMENTATION OF THE RATE FOR THE FIRST AND SECOND YEARS WAS DELAYED AFTER 1 JULY 1968.

6. THE FINAL RATE FOR 87.02-1(1) "MOTOR VEHICLES FOR THE TRANSPORT OF PERSONS, NOT MORE THAN 270 CM IN WHEEL BASE" MAY, SUBJECT TO CERTAIN CONDITIONS TO BE MET BY A PARTICIPANT CONCERNING MOTOR VEHICLES FOR THE TRANSPORT OF PERSONS, BE REDUCED TO 20%.  THE DIRECTOR GENERAL OF THE GENERAL AGREEMENT SHALL BE NOTIFIED OF SUCH REDUCTION BY THE GOVERNMENT OF JAPAN.

7. THE FOLLOWING ADDITIONAL CONCESSION SHALL BE GRANTED, ON THE CONDITIONS (1) THAT THE UNITED STATES ELIMINATE THE AMERICAN SELLING PRICE SYSTEM OF VALUATION ON (I) CLAMS OTHER THAN RAZOR CLAMS (SILIQUA PATULA) IN AIRTIGHT CONTAINERS (ITEM NO. 114.05 OF THE U.S. TARIFF SCHEDULES) AND (II) GLOVES, KNIT, NOT OF LACE OR NET AND NOT ORNAMENTED, OF WOOL, VALUED NOT OVER $1.75 PER DOZEN PAIRS (ITEM NO. 704.55 OF THE U.S. TARIFF SCHEDULES) AND (2) THAT THE BASE RATE FOR THE TARIFF REDUCTIONS WITH RESPECT TO THE PRODUCTS REFERRED TO IN (I) ABOVE SHALL BE NOT MORE THAN 12.5 CENTS PER NET POUND FOR THOSE VALUED NOT OVER 40 CENTS PER NET POUND AND NOT MORE THAN 20% AD VALOREM BASED UPON THE METHODS OF VALUATION PROVIDED FOR IN SECTION 402 OF THE U.S. TARIFF ACT OF 1930 FOR THOSE VALUED OVER 40 CENTS PER NET POUND, AND WITH RESPECT TO THE PRODUCTS REFERRED TO IN (II) ABOVE SHALL BE NOT MORE THAN 40 CENTS PER POUND PLUS 35% AD VALOREM BASED UPON THE METHODS OF VALUATION PROVIDED FOR IN SECTION 402 OF THE U.S. TARIFF ACT OF 1930:

TARIFF ITEM NUMBER  DESCRIPTION OF PRODUCT  BASE RATE OF DUTY CONCESSION RATE OF DUTY

EX 68.06 NATURAL OR ARTIFICIAL ABRASIVE POWDER OR GRAIN, ON A BASE OF WOVEN FABRIC, OF PAPER, OF PAPERBOARD OR OF OTHER MATERIALS, WHETHER OR NOT CUT TO SHAPE OR SEWN OR OTHERWISE MADE UP:

1. ABRASIVE PAPER 15% 10%

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

8. IN THE EVENT THAT THE EUROPEAN ECONOMIC COMMUNITY INCREASES RATES OF DUTY ON ITEMS DESIGNATED (CL) IN SCHEDULE XL ANNEXED TO THE GENEVA (1967) PROTOCOL AND THAT OTHER PARTICIPANTS MODIFY THEIR CONCESSIONS AS A RESULT THEREOF, THE GOVERNMENT OF JAPAN MAY MODIFY ITS CONCESSIONS, BY A WRITTEN NOTICE TO THE DIRECTOR-GENERAL OF THE GENERAL AGREEMENT, TO THE EXTENT THAT THE BENEFITS ACCRUING TO JAPAN FROM CONCESSIONS GRANTED WITHIN THE FRAMEWORK OF THE SIXTH ROUND OF TRADE NEGOTIATIONS WILL BE IMPAIRED OR NULLIFIED.