Commitments Made by China in the U.S.-China Joint Commission on Commerce and Trade (JCCT) (2004-2012)

No. JCCT Commitments Year Issue Area 1 Issue Area 2 Issue Area 3 Deadline (Yes/No)
1 In order to assess China’s reforms to date, as well as to identify the steps China would have to take, under U.S. law, to achieve market economy status, China and the U.S. agreed during the JCCT meetings to the establishment of a working group, to be jointly chaired by James Jochum, Assistant Secretary for Import Administration from the Department of Commerce, and the appropriate Director General from MOFCOM. 2004 Trade remedies     No
2 The U.S. Department of Commerce reached an understanding with the Ministry of Commerce of the People’s Republic of China on procedures to strengthen end-use visit cooperation and help ensure that U.S. exports of controlled dual-use items are being used by their intended recipients for their intended purposes. This new end-use visit understanding specifies procedures for conducting end-use visits, while also providing a mechanism for consultations on other end-use visit issues that may arise. 2004 Other (export controls)     No
3 To help U.S. companies overcome these barriers and take advantage of the opportunities, the JCCT has been working on a joint proposal on trade promotion. A key element of this proposal is an agreement between the China Council for the Promotion of International Trade (CCPIT), the U.S. Department of Commerce and the U.S. Small Business Administration. 2004 Other (small and medium-sized enterprises)     No
4 [This alliance includes:] CCPIT logistical support to [Department of Commerce] trade missions, especially those organized for SMEs. 2004 Other (small and medium-sized enterprises)     No
5 [This alliance includes:] Introducing U.S. SMEs to Chinese firms and government entities seeking suppliers of goods, products or services, especially through downstream procurement. CCPIT has pledged to help U.S. SMEs gain access to Chinese supply chains, either directly or via subcontracting. 2004 Other (small and medium-sized enterprises)     No
6 To begin addressing the many difficult issues affecting our relationship in this [textile] sector, the U.S. and China have agreed to reinforce their existing dialog on textile trade. [Under this plan China has committed to:] Upgrading ongoing discussions to the Under Secretary-Vice Ministerial level, to attempt to understand and try to resolve issues. China has committed to: Further business-to-business discussions in the United States later this year, with a view to improving the trade imbalance in this sector. 2004 Sector-specific issues (textiles)     Yes
7 With respect to its proprietary WAPI encryption standard for wireless computer networks, China announced that it will: Suspend indefinitely its proposed implementation of WAPI as a mandatory wireless encryption standard; Work to revise its WAPI standard, taking into account comments received from Chinese and foreign firms; Participate in international standards bodies on WAPI and wireless encryption For computer networks. 2004 Technical and regulatory barriers to trade Sector-specific issues (telecommunications)   No
8 With respect to third generation telecommunications standards (3G) for mobile phones, China stated that: It supports technology neutrality with respect to the adoption of 3G; Telecommunications service providers in China will be allowed to make their own choices as to which standard to adopt, depending on their individual needs; Chinese regulators will not be involved in negotiating royalty payment terms with relevant intellectual property rights holders. 2004 Technical and regulatory barriers to trade Sector-specific issues (telecommunications)   No
9 China presented an action plan designed to address the piracy and counterfeiting of American ideas and innovations. Under this plan, China has committed to: Significantly reduce IPR infringement levels. 2004 Intellectual property rights     No
10 [Under this plan, China has committed to:] Increase penalties for IPR violations by taking the following actions by the end of 2004: Subject a greater range of IPR violations to criminal investigation and criminal penalties; Apply criminal sanctions to the import, export, storage and distribution of pirated and counterfeit products; Apply criminal sanctions to on-line piracy. 2004 Intellectual property rights     Yes
11 [Under this plan, China has committed to:] Crack down on violators by: Conducting nation-wide enforcement actions against piracy and counterfeiting– stopping the production, sale and trade of infringing products, and punishing violators; Increasing customs enforcement action against the import and export of infringing products and making it easier for rights-holders to secure effective enforcement at the border. 2004 Intellectual property rights     No
12 [Under this plan, China has committed to:] Improve protection of electronic data by: Ratifying and implementing the World Intellectual Property Organization (WIPO) Internet Treaties as soon as possible; Extending an existing ban on the use of pirated software in central government and provincial agencies to include local governments. 2004 Intellectual property rights Sector-specific issues (software) Multilateral issues No
13 [Under this plan, China has committed to:] Launch a national campaign to educate its citizens about the importance of IPR protection (campaign started on April 6). The campaign will include press events, seminars and outreach through television and print media. 2004 Intellectual property rights     Yes
14 [Under this plan, China has committed to:] Establish an intellectual property rights working group under the JCCT. Under this working group, U.S. and Chinese trade, judicial and law enforcement authorities will consult and cooperate on the full range of issues described in China’s IPR action plan. 2004 Intellectual property rights     No
15 China agreed to accelerate steps necessary to allow U.S. companies to import, export, distribute and sell their products in China without going through local state trading companies – giving them full control of their supply chains from American farm or factory to Chinese store shelf. 2004 Sector-specific issues (distribution/retail)     No
16 [China has committed to:] Implement its WTO trading rights obligations by July 1, 2004 – six months ahead of schedule (law setting July date issued April 6); Once these rights are in effect, U.S. companies will be free to ship American products into China without using local middlemen; China will publish its draft implementing regulations on trading rights for public comment by June 1, 2004. 2004 Multilateral issues Transparency Other (trading rights) Yes
17 [China has committed to:] Provide distribution rights to U.S. companies in China on schedule by the end of 2004. China published its draft implementing regulations for distribution rights on April 16, well in advance of the implementation date. 2004 Sector-specific issues (distribution/retail) Transparency   Yes
18 [China has committed to:] Open its market for American shipping through a Bilateral Maritime Agreement signed during the JCCT – allowing U.S. carriers to open full branches in China and to operate without restrictions. 2004 Sector-specific issues (shipping)     No
19 China agreed to implement new transparency procedures and issue product approvals that will further open its market for U.S. agricultural products. 2004 Transparency Sector-specific issues (agriculture)   No
20 [Specifically, China will:] Issue final safety certificates for U.S. biotech soybeans, ensuring opportunities for continued strong U.S. sales to China. 2004 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
21 [Specifically, China will:] Announce biotech approvals for seven U.S. canola and four U.S. corn events and review the remaining two U.S. corn events submitted for approval when its technical committee meets in May. 2004 Sector-specific issues (agriculture)     Yes
22 China will: Make it easier to export American wheat, cotton, corn and other products subject to tariff rate quotas to China by providing the names of its domestic quota holders to U.S. exporters upon request. 2004 Sector-specific issues (agriculture)     No
23 China has agreed to increase the number of criminal prosecutions for IPR violations relative to the total number of IPR administrative cases. The Supreme People’s Court, Supreme People’s Procuratorate, and Ministry of Public Security have issued draft guidelines for public comment to ensure the timely referral of IPR violations from administrative bodies to criminal prosecution. 2005 Intellectual property rights Transparency   No
24 The Chinese Ministry of Public Security and the General Administration of Customs will issue regulations to ensure the timely transfer of cases for criminal investigation. The goal of the regulations is to reduce exports of infringing goods by increasing criminal prosecution. 2005 Intellectual property rights     No
25 The Chinese Ministry of Public Security has established a leading group responsible for overall research, planning and coordination of all IPR criminal enforcement to ensure a focused and coordinated nationwide enforcement effort. 2005 Intellectual property rights     No
26 The United States and China will immediately establish a bilateral IPR law enforcement working group whose members will cooperate on enforcement activities to reduce cross-border infringing activities. This group will comprise officials on the U.S. side including from the U.S. Department of Homeland Security (Customs and Border Protection and Immigration and Customs Enforcement), the U.S. Department of Justice and Federal Bureau of Investigation, and on China’s side from the Ministry of Public Security. In addition, U.S. and Chinese customs authorities will cooperate on the exchange of infringement data, information on significant seizures, and law enforcement to enhance the ability of Chinese authorities to identify and deter exports of infringing products from China. 2005 Intellectual property rights Transparency   No
27 The Chinese government agrees to aggressively counter movie piracy by dedicating enforcement teams to pursue enforcement actions against pirates and regularly instruct enforcement authorities nationwide that copies of films and audio-visual products still in censorship or import review or otherwise not yet authorized for distribution are deemed pirated and subject to enhanced enforcement. 2005 Intellectual property rights     No
28 By the end of 2005, the Chinese government will complete its legalization program to ensure that all central, provincial and local government offices are using only licensed software, and will extend the program to enterprises (including state-owned enterprises) in 2006. 2005 Intellectual property rights Sector-specific issues (software)   Yes
29 The Chinese government has now declared that software end-user piracy is considered to constitute “harm to the public interest” and as such will be subject to administrative penalties nationwide. Furthermore, software end-user piracy is subject to criminal penalties in appropriate circumstances. 2005 Intellectual property rights Sector-specific issues (software)   No
30 The Chinese government will appoint an Intellectual Property Rights Ombudsman at the Chinese Embassy in Washington to serve as the point of contact for U.S. companies, particularly small- and medium-sized businesses, seeking to secure and enforce their IPR in China or experiencing IPR problems in China. 2005 Intellectual property rights Transparency   No
31 The relevant Chinese agencies, including the Ministry of Commerce, the China Trademark Office, the State Intellectual Property Office, and the National Copyright Administration of China will strengthen their efforts to improve IPR enforcement at trade shows and will soon issue new regulations to achieve this goal. This effort will include strict enforcement at all economic trade-related and international trade shows in China. 2005 Intellectual property rights     No
32 By June 30, 2006, the State Council intends to submit to the National People’s Congress the legislative package needed for China to accede to the WIPO Internet Treaties. China will also begin immediately a nationwide crack-down on Internet piracy, including through enforcement at Internet cafes. 2005 Intellectual property rights Multilateral issues   Yes
33 The Chinese government confirms that the criminal thresholds in the 2004 Judicial Interpretation (JI) are applicable to sound recordings and that the JI makes exporters subject to independent criminal liability. 2005 Intellectual property rights     No
34 China will delay issuing draft regulations on software procurement, as it further considers public comments and makes revisions in light of WTO rules. The draft software regulations threatened to close off a market with a potential value of over $8 billion to U.S. firms. China announced that it will accelerate its efforts to join the WTO Government Procurement Agreement (GPA) and towards this end will initiate technical consultations with other WTO Members. 2005 Government procurement Sector-specific issues (software) Multilateral issues No
35 Fulfilling WTO and prior JCCT commitments, China took steps to ensure that U.S. products can be freely distributed in China, clearing a large backlog of distribution license applications and preparing a “How to” guide for businesses seeking to acquire distribution rights, expanding on the guidelines announced in April 2005. Finally, China confirmed that all enterprises in China, including those located in bonded zones, can acquire licenses to distribute goods throughout China. 2005 Multilateral issues Sector-specific issues (distribution/retail)   No
36 The Regulations on Management of Direct Selling have been submitted to the State Council for review, which will provide a legal basis for U.S. direct sales firms that wish to sell U.S. goods door-to-door in China. China committed to ensure that the final regulations conform to applicable China’s WTO obligations, including with respect to distribution of imported goods and fixed location requirements. 2005 Technical and regulatory barriers to trade Multilateral issues   No
37 China agreed to convene another meeting of the U.S.-China Insurance Dialogue before the end of 2005 to discuss regulatory concerns and barriers to further liberalization of the sector. 2005 Technical and regulatory barriers to trade Sector-specific issues (insurance)   Yes
38 Building on the successful insurance dialogue that has helped U.S. insurers to expand market access in China, China agreed to a new dialogue under the JCCT Information Technology Working Group to discuss capitalization requirements, resale services, and other issues agreed to by the two sides. 2005 Sector-specific issues (information technology and security)     No
39 China completed the regulatory approval process for a corn biotech variety, the final of a series of approvals for U.S. biotech varieties. 2005 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
40 The U.S. Department of Agriculture and China’s Administration of Quality Supervision, Inspection and Quarantine reached agreement on a Memorandum of Understanding designed to facilitate cooperation on animal and plant health safety issues and improve efforts to expand U.S. access to China’s markets for agricultural Commodities. 2005 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
41 China will provide a detailed accounting of its subsidies to the WTO by the end of 2005. 2005 Multilateral issues Trade remedies   Yes
42 China and the United States will intensify discussions on structural issues related to China’s status as a non-market economy under U.S. anti-dumping law, including a review of China’s subsidy practices. 2005 Trade remedies     No
43 The Chinese government agreed conditionally to reopen the Chinese market to U.S. beef, subject to the finalization of a protocol by technical experts. The two sides agreed to quickly conduct such negotiations. 2006 Sector-specific issues (agriculture)     No
44 The Chinese government has agreed to take action to eliminate duplicative testing and certification requirements applicable to imported medical devices. Completion of this effort is expected by the end of May. 2006 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   Yes
45 The Chinese government committed to make appropriate adjustments to its registered capital requirements for telecommunications service providers. The JCCT Telecommunications Dialogue will meet to discuss implementation of this commitment. 2006 Sector-specific issues (telecommunications)     No
46 The Chinese government restated its 2004 JCCT commitment to technology neutrality for 3G standards. It agreed to ensure that telecommunications service providers will be allowed to make their own choices as to which standard to adopt, and to issue licenses for all 3G standards in a technologically neutral manner that does not advantage one standard over others. 2006 Technical and regulatory barriers to trade Sector-specific issues (telecommunications)   No
47 China reiterated its commitment that the regulatory environment for express delivery services by foreign companies will not be negatively impacted by issuance of new rules, including the new postal law. 2006 Technical and regulatory barriers to trade Sector-specific issues (postal/courier)   No
48 The Chinese government has taken action against 14 factories producing illegal optical disks and has pledged to step up enforcement in this important area to combat copyright piracy of films, music, and software. China and the U.S. will also explore new ways to strengthen cooperation in this area. 2006 Intellectual property rights     No
49 The Chinese government has issued a notice requiring the pre-loading of legal operating system software on all computers produced or imported into China, as well as a notice requiring government agencies to purchase computers with pre-loaded software. In line with these requirements, several Chinese computer manufacturers have recently signed agreements to purchase U.S. operating system software. 2006 Intellectual property rights Sector-specific issues (software)   No
50 In addition to ongoing efforts to ensure use of legalized software at all levels of the government, China has launched efforts to ensure the legalization of software used in Chinese enterprises. In addition, China has agreed to discuss U.S. proposals regarding government and enterprise software asset management in the JCCT IPR Working Group. 2006 Intellectual property rights Sector-specific issues (software)   No
51 The Chinese government has agreed to intensify its efforts to ensure that public markets in China are free of infringing products and has announced enforcement actions in several major cities. 2006 Intellectual property rights     No
52 The Chinese government agreed to help ensure that individual IPR cases raised by the U.S. government with China will be vigorously pursued. 2006 Intellectual property rights     No
53 China has announced a broad action plan to improve enforcement of IP rights, including steps in the areas of enforcement, legislation and education. Strongly implemented, these steps could lead to significant improvement in the IP situation in China. 2006 Intellectual property rights     No
54 The General Office of the State Council of the Chinese government has issued a notice requiring that all laws, regulations and other measures of all government ministries and agencies at all levels pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange shall be published in a single official journal, i.e., the China Foreign Trade and Economic Cooperation Gazette, issued by the Ministry of Commerce. 2006 Transparency     No
55 The Chinese government committed to commence formal negotiations to join the GPA and submit its Appendix I GPA offer of coverage by no later than December 2007. In the interim, China will continue technical consultations with the U.S. and others. 2006 Government procurement Multilateral issues   Yes
56 The Chinese government has agreed that the JCCT Medical Devices and Pharmaceutical Subgroup will discuss industry concerns regarding the production of active pharmaceutical ingredients (also known as bulk chemicals) in China. 2006 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
57 The United States and China launched the JCCT Steel Dialogue on March 24, 2005, and agreed to hold a follow-on meeting with industry participants later this year. 2006 Sector-specific issues (steel)     Yes
58 U.S. and Chinese officials agreed to establish a U.S.-China High Technology and Strategic Trade Working Group under the JCCT to review export control cooperation and facilitate high technology trade. Among the group’s first activities will be planning a bilateral export control seminar in China. 2006 High technology trade     No
59 China reported on steps it has taken since the previous JCCT in April 2006 to improve protection of intellectual property rights in China, including accession to the World Intellectual Property Organization (WIPO) Internet treaties, a crackdown on the sale of computers not pre-loaded with legitimate software, enforcement efforts against counterfeit textbooks and teaching materials, and joint enforcement raids conducted by the Federal Bureau of Investigation and Chinese security agencies. 2007 Intellectual property rights Sector-specific issues (software) Multilateral issues No
60 China and the United States agreed to exchange information on customs seizures of counterfeit goods in order to further focus China’s enforcement resources on companies exporting such goods. In 2006, 81 percent of seizures by U.S. Customs and Border Protection of counterfeit goods are from China. 2007 Intellectual property rights     No
61 China agreed to strengthen enforcement of laws against company name misuse, a practice in which some Chinese companies have registered legitimate U.S. trademarks and trade names without legal authority to do so. The two sides also agreed to cooperate on case-by-case enforcement against such company name misuse. 2007 Intellectual property rights     No
62 The two sides noted the signing of a Memorandum of Agreement between the U.S. Department of Health and Human Services and China’s State Food and Drug Administration on active pharmaceutical ingredients (APIs). China agreed in the JCCT to address specific loopholes in its regulation of bulk chemicals used as APIs. China committed to expand its regulations to control bulk chemicals used as the underlying source of many counterfeit drugs. 2007 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
63 China agreed to take action to eliminate remaining redundancies in its testing and certification requirements for imported medical devices, and committed to implement a “one test, one fee” policy, establishing a single conformity assessment system for medical device testing. 2007 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
64 China also agreed to suspend implementation of AQSIQ Decree 95, a regulation that would have produced additional testing and inspection redundancies targeted exclusively at imported medical devices. 2007 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
65 China agreed to allow six U.S. pork processing facilities to resume exports to China. 2007 Sector-specific issues (agriculture)     No
66 China agreed to remove “contract value” requirements from draft agricultural licensing regulations that would have required U.S. farmers and agricultural exporters to disclose confidential business information. 2007 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
67 China agreed to eliminate the requirement to submit viable biotech seeds for testing, which will reduce the possibility of illegal copying of patented agricultural materials. 2007 Technical and regulatory barriers to trade Sector-specific issues (agriculture) Intellectual property rights No
68 China confirmed that it will lower the registered capital requirements for U.S. telecommunications service providers to operate in China. 2007 Sector-specific issues (telecommunications)     No
69 China confirmed it will submit, by the end of 2007, its initial offer on Chinese government agencies that will be covered by the WTO Government Procurement Agreement. China’s joining the GPA will provide American companies access to a $35 billion per year government procurement market. 2007 Government procurement Multilateral issues   Yes
70 China and the United States signed a Memorandum of Understanding to increase Chinese tourist travel to the United States, and to allow U.S. travel destinations to market freely in China. 2007 Sector-specific issues (travel and tourism)     No
71 China committed to join the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, which will reduce the financial risk of cross-border aircraft financing, making it easier for U.S. aircraft and aircraft parts manufacturers to sell products in China. 2007 Sector-specific issues (transportation) Multilateral issues   No
72 China made a strong statement reiterating its commitment to open investment and competition policies, and to the principle of non-discrimination in investment regulation. The two sides also agreed to investment-related discussions in the U.S.-China Legal Exchange to address specific U.S. concerns about implementation of the Anti-Monopoly Law and Mergers and Acquisitions regulations. 2007 Investment     No
73 China and the United States noted the importance of ongoing dialogue and cooperative efforts taking place under the JCCT IPR Working Group, which met September 4-5 in Beijing, and agreed to hold regular meetings of the IPR working Group in the future. 2008 Intellectual property rights     No
74 China and the United States agreed to continue pursuing cooperative activities in addition to formal meetings of the IPR Working Group, on such issues as: IPR and innovation, including China’s development of guidelines on IPR and standards; public-private discussions on copyright and internet piracy challenges, including infringement on user-generated content sites; reducing the sale of pirated and counterfeit goods at wholesale and retail markets; and other issues of mutual interest. 2008 Intellectual property rights     No
75 China and the United States welcomed plans to conduct further cooperative meetings between responsible officials regarding: China’s patent law amendments now under consideration in the National People’s Congress; pharmaceutical data protection; and the Memorandum of Cooperation on Strengthened Cooperation in Border Enforcement of Intellectual Property Rights. 2008 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No
76 China and the United States agreed to sign two IPR memoranda of understanding (MOUs) on strategic cooperation to improve the administration and effectiveness of copyright and trademark protection and enforcement, as soon as possible but no later than the end of 2008. The MOUs will be signed between the U.S. Patent and Trademark Office, the U.S. Copyright Office, China’s National Copyright Administration and the State Administration for Industry and Commerce. 2008 Intellectual property rights     Yes
77 The two sides agreed to continue cooperation to close loopholes that allow the sale of bulk chemicals to downstream drug counterfeiters. 2008 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices) Intellectual property rights No
78 China pledged to comprehensively update its National and Regional Drug Reimbursement Lists every two years as stipulated in its domestic regulations, enabling U.S. companies to sell more advanced pharmaceuticals to Chinese hospitals and consumers. 2008 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
79 AQSIQ and SFDA jointly announced they will only require one test, one report, one fee and one factory inspection for medical devices. In 2007 the approximate value of total U.S. medical device exports to China was approximately $859 million. The reduction of redundancies could cut the medical device approval time in half, providing U.S. industry with more timely access to China’s medical device market. 2008 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
80 China’s National Development Reform Commission agreed to seek input from the U.S. Government and relevant stakeholders on its revised draft medical device pricing policy. China’s proposed pricing policy would limit the access of Chinese consumers to high-quality imported medical devices. 2008 Sector-specific issues (pharmaceuticals and medical devices)     No
81 China agreed to hold discussions with the U.S. Government and relevant stakeholders regarding China’s tendering policies to ensure the process is fair and transparent and that the quality and innovation of medical devices are given adequate consideration in purchasing decisions. 2008 Sector-specific issues (pharmaceuticals and medical devices) Transparency   No
82 China announced its recent lifting of avian influenza-related bans on poultry imports from six U.S. states: Pennsylvania, Connecticut, Rhode Island, West Virginia, Nebraska, and New York, and agreed to work jointly to address remaining bans on poultry from Virginia and Arkansas. 2008 Sector-specific issues (agriculture)     No
83 China agreed to immediately allow seven U.S. poultry processing plants to resume exports to China. We have urged China to work to address underlying systemic issues to eliminate such problems in the future. 2008 Sector-specific issues (agriculture)     Yes
84 The two sides agreed to conduct expert-level discussions on sanitary and phytosanitary standards in 2008. 2008 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   Yes
85 China and the United States expressed satisfaction with the robust discussions and cooperative work conducted at the JCCT Agriculture and Sanitary and Phytosanitary (SPS) Working Groups held just prior to the 19th JCCT meeting. 2008 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
86 With respect to its accession to the WTO Government Procurement Agreement (GPA), China submitted to the WTO its responses to the Checklist of Issues on September 15, 2008. China affirmed its plan to submit an improved offer to the WTO as soon as possible. 2008 Government procurement Multilateral issues   No
87 China and the United States agreed that both sides will work towards ensuring that U.S. invested firms in China and Chinese invested firms in the U.S. will be able to participate in their respective government procurement markets. 2008 Government procurement     No
88 China clarified that its formal and informal policies related to software purchases by all Chinese private and state-owned enterprises will be based solely on market terms without government direction. 2008 Sector-specific issues (software)     No
89 China announced that it has delegated authority for foreign retail outlet approvals to the provincial level, a positive step in streamlining approvals for foreign retail outlets. We will continue working with China to ensure that the substance of any revised approval system provides fair treatment for foreign retail outlets. 2008 Sector-specific issues (distribution/retail)     No
90 The United States notes China's announcement to reduce basic telecom services minimum capitalization levels. However, the new capitalization requirements (1 billion RMB or US $146 million) are still far higher than international norms, and the United States will continue to urge China to consider further reductions. 2008 Sector-specific issues (telecommunications)     No
91 China announced that it will delay publication of final rules on information security certification that would have potentially barred several types of U.S. products from China’s market, pending further mutual discussion of issues related to information security. 2008 Technical and regulatory barriers to trade Sector-specific issues (information technology and security)   No
92 China reiterated its commitment to ratify the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, an international mechanism that reduces the risks of cross-border aircraft financing. China stated that the Convention has been approved by the State Council and submitted to the National People’s Congress for ratification. 2008 Sector-specific issues (transportation) Multilateral issues   No
93 China announced its intent to reopen the Chinese market to U.S. pork products and live swine. The United States awaits China's official announcement to ensure that the measure is consistent with science-based, international standards. 2009 Sector-specific issues (agriculture) Technical and regulatory barriers to trade   No
94 China agreed to remove local content requirements on wind turbines. 2009 Sector-specific issues (wind)     No
95 The United States welcomes news that China is in the process of concluding its licensing procedures for certain qualified direct selling services companies. 2009 Technical and regulatory barriers to trade Sector-specific issues (distribution/retail)   No
96 China will require that products produced in China by foreign invested enterprises (FIEs) are treated as domestic products and will issue rules in this regard. 2009 Government procurement     No
97 The United States and China will establish a multi-agency working group to regularly conduct discussions on issues involving government procurement and purchases by state-affiliated enterprises and organizations and private parties that make purchases in accordance with national strategic objectives. 2009 Government procurement     No
98 China committed to submit a revised offer as early as possible in 2010 to accede to the WTO Government Procurement Agreement (GPA). 2009 Government procurement Multilateral issues   Yes
99 China confirmed in working group discussions that the April 29, 2009, announcement by AQSIQ, MOF and CNCA, that China’s Compulsory Certification (CCC) testing and certification rules for 13 categories of information security products apply only to products procured by Chinese government agencies. 2009 Technical and regulatory barriers to trade Sector-specific issues (information technology and security)   No
100 China agreed to establish a dialogue with the United States regarding global practices for trade in information security products. 2009 Sector-specific issues (information technology and security)     No
101 China gave assurances that it will impose maximum administrative penalties on Internet infringers and has begun a four-month campaign to clamp down on Internet piracy. 2009 Intellectual property rights     No
102 China announced its public notice, published yesterday, conveying to state-run libraries the importance of strengthening protection of copyright-protected academic and medical journals. 2009 Intellectual property rights     No
103 China agreed that it will work closely with the United States to resolve U.S. concerns about a new Ministry of Culture circular relating to online music distribution that is creating serious problems for the U.S. music industry. 2009 Intellectual property rights     No
104 The Intellectual Property Working Group identified next steps on key issues, including: China's further promotion of software legalization of enterprises and exchanges of information on measures for promoting software legalization; China's establishment of a Broadcast Tariff Rate as soon as possible; and opportunities for interested rights holders and government experts to provide feedback on China's new Patent Law amendments and new implementing regulations. 2009 Intellectual property rights Technical and regulatory barriers to trade Sector-specific issues (software) No
105 China committed that product recall regulations will not be duplicative or redundant and the Ministry of Health and the State Food and Drug Administration will be the relevant authorities for medical device recalls. 2009 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
106 China will adopt a risk-based approach that will not automatically lead to clinical trials for medical devices in a given class, and consider the use of results from a clinical trial conducted outside of China to support a local clinical trial exemption. 2009 Sector-specific issues (pharmaceuticals and medical devices)     No
107 China will accept a prior approval document of a medical device issued by a foreign country regardless of its exporting origin, country of manufacture or legal manufacture to satisfy any prior approval registration requirement. 2009 Sector-specific issues (pharmaceuticals and medical devices)     No
108 China will consider an exemption of requiring product samples to be tested in Chinese test labs prior to approval if the manufacturer demonstrates compliance with international standards and provides sound scientific evidence. 2009 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
109 China will strive to implement regulations, rules, and notices that are consistent with guidance documents for medical devices issued by the Global Harmonization Task Force and the Asia Harmonization Working Party. 2009 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   No
110 China will continue to strengthen its oversight and enforcement of active pharmaceutical ingredients (APIs) and counterfeit pharmaceuticals by undertaking initiatives such as the establishment of a Drug Master File system, enforcement of record-keeping requirements for companies that manufacture and sell APIs, and regulation of unregistered Chinese companies advertising and marketing APIs at foreign trade shows and on the Internet. 2009 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No
111 China identified SFDA as its single point of contact for the Interagency Coordination Conference for Fighting the Production and Sales of Counterfeit Drugs. 2009 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No
112 China agrees to share information with the U.S. Food and Drug Administration on the activities of the Interagency Coordination Conference. 2009 Sector-specific issues (pharmaceuticals and medical devices)     No
113 China and the United States agree to continue the dialogue on pharmaceutical data protection. 2009 Sector-specific issues (pharmaceuticals and medical devices) Intellectual property rights   No
114 The United States and China agreed to implement Phase II of the Memorandum of Understanding (MOU) that opened the market for the sale of packaged leisure travel from China to the United States to include an additional 12 jurisdictions, bringing the total to 21. 2009 Sector-specific issues (travel and tourism)     No
115 The United States and China have agreed to hold a high-level meeting of the JCCT Tourism Working Group in January 2010 to sign a program of work that will enhance travel under the MOU. 2009 Sector-specific issues (travel and tourism)     Yes
116 In reporting on the enhancement of its government software legalization program, China announced that it is establishing software asset management systems for government agencies and is incorporating software into China’s asset management system as property. 2010 Intellectual property rights Sector-specific issues (software)   No
117 China has allocated current and future budgets for purchasing, upgrading, and replacing agency software. 2010 Intellectual property rights Sector-specific issues (software)   No
118 China announced its intent to further promote the licensed use of software in enterprises, and announced the participation of 30 major Chinese state-owned enterprises in a government/enterprise partnership pilot project. 2010 Intellectual property rights Sector-specific issues (software)   No
119 The United States and China will further discuss, before the middle of January, the issue of verification of compliance with legalization requirements. 2010 Intellectual property rights Sector-specific issues (software)   Yes
120 Building on prior JCCT discussions on how to combat online copyright infringement, China announced that its judiciary is conducting a study on drafting relevant Judicial Interpretations on this issue. During this process, China's judiciary will pursue the in-depth study of several issues including Internet Intermediary Liability. The United States and China have agreed to actively support this process in order to obtain the early completion of a Judicial Interpretation that will make clear that those who facilitate online infringement will be equally liable for such infringement. 2010 Intellectual property rights     No
121 China and the United States agreed to continue cooperation on strengthening library IPR protection and to continue exchanging views and sharing information with rights holders about library IPR protection efforts. Specifically, China’s National Copyright Administration described its ongoing efforts to investigate complaints by academic journal publishers about web-based enterprises’ piracy of library academic journals, and agreed to take prompt action at the conclusion of its investigations. 2010 Intellectual property rights     No
122 China and the United States agreed that patent issues related to standards raise complex issues that require standard setting organizations to take into account the appropriate balance among the interests of patentees, standard users and the public when developing and adopting their rules on patent issues. The two sides have agreed to have further discussion on patent issues related to standards, including in the JCCT IPR Working Group involving participants from all relevant Chinese and U.S. agencies. 2010 Intellectual property rights Technical and regulatory barriers to trade   No
123 In order to protect trademark rights in local markets, China agreed that it will take appropriate legal measures to clarify the responsibilities/liabilities of market managers, including landlords, operators, and managers and to strengthen supervision and inspection activities. 2010 Intellectual property rights     No
124 China and the United States will not adopt or maintain measures that make the location of the development or ownership of intellectual property a direct or indirect condition for eligibility for government procurement preferences for products and services. China and the United States will continue to discuss whether this principle applies to other government measures. 2010 Intellectual property rights Government procurement   No
125 China will revise its major equipment catalogue in 2011 and publish a draft for public comment. The revised measure will not be used for import substitution or the provision of export subsidies, or otherwise to discriminate against foreign suppliers. 2010 Innovation Transparency   Yes
126 China agreed that it will take an open and transparent approach with respect to operators’ choices that does not provide preferential treatment based on the standard or technology used in 3G or successor networks and allows operators to choose freely among whatever existing or new technologies that may emerge to provide upgraded or advanced services. China also confirmed that regulation of spectrum would not be used as a basis to discriminate against any technology. 2010 Technical and regulatory barriers to trade Transparency Sector-specific issues (telecommunications) No
127 China agreed to submit a robust, second revised offer to the WTO Government Procurement Committee before the Committee's final meeting in 2011. Its content and specific timing will be based on relevant departments' consultations with individual sub-central entities and other entities regarding GPA coverage. (Under the GPA, "other entities" include state-owned enterprises.) 2010 Government procurement Multilateral issues   Yes
128 The relevant Chinese departments are conducting further modifications to the Implementing Regulations on the Government Procurement Law and will seriously take into account opinions and suggestions from all sides, including from the United States. In government procurement, China will give equal treatment to all innovation products produced in China by foreign-invested enterprises and Chinese-invested enterprises alike. (The United States expressed concerns that under Article 9 of China's draft Regulations, product lists could be used to provide government procurement preferences to indigenous innovation products.) 2010 Government procurement Innovation   No
129 China and the United States recognize the importance of defining domestic products in a flexible manner. The Chinese departments concerned are conducting further modifications and improvements to the draft regulations, taking into consideration U.S. comments on how to maximize procuring entities' efficiencies and cost savings. The two sides will continue consultations and exchanges of information on the definition of domestic products. 2010 Government procurement     No
130 With regard to products and technologies related to smart grid, China agreed to ensure that processes for developing standards in China are open and transparent; to provide opportunities for foreign stakeholders to participate in the development of standards, technical regulations and conformity assessment procedures on no less favorable terms than it affords domestic stakeholders; and to base its standards on relevant international standards, consistent with its obligations under the WTO TBT Agreement. China welcomed opportunities to collaborate with the U.S. National Institute of Standards and Technology in developing smart grid standards. 2010 Technical and regulatory barriers to trade Innovation Transparency No
131 China committed that all enterprises in China, including state-owned enterprises and state-invested enterprises, will make purchases and sales based solely on commercial considerations. China further committed that it will (a) leave these decisions to commercial considerations between the enterprises, and (b) will provide equal treatment to foreign, foreign-invested, and Chinese domestic enterprises. 2010 Other (state-owned enterprises)     No
132 China confirmed that it will recognize the experience of foreign companies outside China for the purposes of meeting experience requirements to supply equipment for large scale wind power projects. 2010 Sector-specific issues (wind)     No
133 China further confirmed that foreign companies may submit documentation based on existing installed wind power projects overseas in order to demonstrate technical requirements for eligibility to supply Chinese large-scale wind power projects. 2010 Technical and regulatory barriers to trade Sector-specific issues (wind)   No
134 China’s State Postal Bureau (SPB) has initiated communications with, and will continue cooperation with, relevant Chinese government ministries and agencies to investigate and shut down fake express delivery services (EDS) websites established in China. 2010 Sector-specific issues (postal/courier)     No
135 The United States and China will strengthen their exchange of ideas in the area of EDS supervision. China’s SPB has agreed on the importance of protecting data security and this is one such area that the two sides will continue to discuss. 2010 Sector-specific issues (postal/courier)     No
136 The United States and China agreed to resume talks on beef market access the week of January 3, 2011. 2010 Sector-specific issues (agriculture)     Yes
137 China announced that it has lifted Avian Influenza-related bans on U.S. poultry products from Idaho and Kentucky. The United States asked China to take prompt action in accordance with science-based international standards on four remaining state-level bans. Both sides agreed to further technical talks to address issues concerning the remaining four states. 2010 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   No
138 The Chinese side agrees to actively protect undisclosed pharmaceutical data required for marketing approval from unfair commercial use as well as to study the concrete measures for improving implementation thereof, so as to further encourage the innovation of new drugs. China and the United States agree to hold a seminar in 2011 in China to continue the discussion of this matter. 2010 Innovation Sector-specific issues (pharmaceuticals and medical devices)   Yes
139 The Chinese side agrees to further combat counterfeit and substandard drugs through international cooperation. The establishment of the SFDA Complaint Center is underway. China and the United States agree to work closely to cooperate and conduct information exchange concerning counterfeit drug activities. Both sides shall provide information about cases of counterfeit drugs through the regulatory channel. 2010 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices) Transparency No
140 China confirms it is active in improving its testing and certification process for China’s Compulsory Certification (CCC) mark. China is ready to hold technical exchange with the United States to streamline its system. 2010 Technical and regulatory barriers to trade     No
141 China announced it is going to set up a “One-stop-Shopping” mechanism to establish one application for two certification processes for mobile devices. China agreed to initiate exchanges regarding bilateral APECTEL Mutual Recognition Agreement negotiations. 2010 Technical and regulatory barriers to trade Sector-specific issues (telecommunications) Multilateral issues No
142 China and the United States agreed to implement Phase 3 of the Memorandum of Understanding (MOU) opening the market for the sale of packaged leisure travel from China to the United States to three additional provinces in China. (The United States will continue to press China to broaden the scope of access to include additional provinces.) 2010 Sector-specific issues (travel and tourism)     No
143 China and the United States successfully established online systems to ensure the timely exchange of lists of Chinese travel agencies and U.S. tour operators authorized to conduct business under the MOU. 2010 Sector-specific issues (travel and tourism)     No
144 China confirmed that it does not and will not maintain measures that mandate the transfer of technology. China clarified that “mastery of core technology” does not require technology transfer for NEVs. 2011 Innovation Sector-specific issues (new energy vehicles)   No
145 The Chinese government confirmed that the establishment of brands is a corporate decision and that the Chinese government does not and will not impose any requirements for foreign-invested companies to establish domestic brands in China. 2011 Innovation Sector-specific issues (new energy vehicles)   No
146 China confirmed that foreign-invested enterprises are eligible on an equal basis for subsidies or other preferential policies for NEVs with Chinese enterprises, and that these subsidies and preference programs will be implemented in a manner consistent with WTO rules. In addition, China affirmed that as it develops possible future NEV support programs, the views of all stakeholders will be considered, including the comments and opinions of the United States. 2011 Multilateral issues Sector-specific issues (new energy vehicles)   No
147 China announced that the State Council has issued a measure requiring governments of provinces, municipalities and autonomous regions to eliminate by December 1, 2011 any catalogues or other measures linking innovation policies to government procurement preferences. 2011 Innovation Government procurement   Yes
148 Building on the innovation principles agreed to in the 2011 APEC Leaders’ Declaration, China and the United States agree to use the JCCT Intellectual Property Rights Working Group to study investment, tax and other regulatory measures outside of government procurement, with the first phase of study in 2012 covering investment and tax, and the second phase in 2013 covering key measures in other areas, to determine whether the receipt of government benefits is linked to where intellectual property is owned or developed, or to the licensing of technology by foreign investors to host country entities. The two sides will actively discuss removal of these barriers that distort trade and investment. 2011 Innovation Multilateral issues Technical and regulatory barriers to trade No
149 China has established a State Council-level leadership structure, headed by Vice Premier Wang Qishan, to lead and coordinate intellectual property rights (IPR) enforcement across China. Through the establishment of this mechanism, China will enhance its ability to crack down on IPR infringement by making permanent the leadership structure under the recent Special IPR Campaign. 2011 Intellectual property rights     No
150 China, under the leadership of Vice Premier and Member of the State Council, Wang Qishan, will continue to take measures to ensure that governments at all levels use only legitimate software, ensuring that all the types of software used by government agencies are licensed. China has requested government agencies at all levels to bring software into state asset management systems, and will increase resources devoted to conducting audits and inspections, and will publish the auditing results as required by China’s law to ensure that all types of software used by government agencies are being accurately accounted for. To promote efficiency and accuracy in these audits and inspections, government agencies will further improve management of their software assets, including by the use of technical means. 2011 Intellectual property rights Sector-specific issues (software) Transparency No
151 By the middle of 2012, China committed that the provincial legalization program for all the 31 provincial entities will be completed, and by 2013, the software legalization program for the municipal and county level governments will also be completed. 2011 Intellectual property rights Sector-specific issues (software)   Yes
152 China will further promote the use of licensed software in enterprises and conduct enterprise software management pilot projects and publish progress reports about these projects. 2011 Intellectual property rights Sector-specific issues (software)   No
153 China and the United States will strengthen engagement on the implementation of software legalization in both government and enterprises. 2011 Intellectual property rights Sector-specific issues (software)   No
154 China assured the United States that it will provide a fair and level playing field for all companies, including U.S. companies, in China’s strategic, newly emerging industries, including high-end equipment manufacturing, energy-saving and environmentally-friendly technologies, biotechnologies, new generation information technologies, alternative energy, advanced materials and new energy vehicles. 2011 Innovation High technology trade   No
155 China's State Food and Drug Administration (SFDA) has carefully researched and studied lowering the risk classification of certain x-ray and in-vitro diagnostic (IVD) equipment, including consulting with industry stakeholders, so that the classification will more appropriately reflect medical device risk and match international norms. As a result, SFDA will issue by June 2012 a complete list of x-ray equipment to be placed in a lower category and endeavors to release a draft IVD equipment catalogue for public comment by June 2012. 2011 Sector-specific issues (pharmaceuticals and medical devices) Transparency   Yes
156 The United States and China recognize that timely transition from the 2nd and 3rd edition of IEC 60601-1 safety standards for medical devices is important and is an area where they can benefit from closer cooperation and exchange. China’s SFDA is conducting in-depth research and drafting of 3rd edition transition procedures, which will be part of SFDA’s 2012 work plan. The United States and China will participate in an information exchange program to take place in 2012. 2011 Technical and regulatory barriers to trade Sector-specific issues (pharmaceuticals and medical devices)   Yes
157 To build upon the successful bilateral discussions at the June 2011 JCCT Roundtable on Regulatory Data Protection, China and the United States agree to conduct more in-depth research and exchanges on how China can establish and implement effective regulatory data protection through the revision of relevant legislative instruments. Having established in 2011 that effective regulatory data protection plays a positive role in fostering innovation, future joint activities will explore regulatory data protection’s role in the development of the overall pharmaceutical industry and ensuring patients’ timely access to innovative medicines. 2011 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No
158 China announced the establishment and funding of the Complaint Center for Counterfeit Drugs which includes, among other things, a consumer hotline, website, and a data analysis unit. SFDA is collaborating closely with China’s Ministry of Industry and Information Technology and Ministry of Public Security to monitor and crack down on websites involved in the sale and distribution of counterfeit medicines. The U.S. government and the U.S. pharmaceutical industry will share with SFDA instances of counterfeit drugs in China when such information is available. 2011 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No
159 China stated that the Standardization Administration of China and the National Energy Administration follow the principles of openness and transparency in the development of national and industry standards. China confirmed that foreign entities are welcome to participate in China’s smart grid standards technical committees. 2011 Transparency Innovation   No
160 China welcomed continued bilateral cooperation with the United States on smart grid standards, including under the Energy Cooperation Program framework. 2011 Innovation     No
161 In response to a U.S. request to permit participation of non-Chinese entities in the China Compulsory Certification (CCC) scheme, China agreed to conduct technical exchanges with the United States concerning the CCC mark. 2011 Technical and regulatory barriers to trade     No
162 China stated that it welcomes competent foreign participation in its CCC technical experts group. 2011 Technical and regulatory barriers to trade     No
163 Building on the 2010 JCCT commitment to develop a one-stop shopping mechanism for telecommunications network access license and radio type approval, China agreed to publish these procedures by the end of 2011. 2011 Technical and regulatory barriers to trade Sector-specific issues (telecommunications) Transparency Yes
164 China intends to publish in draft and allow public comment on the revision to its value-added telecommunications services catalogue. 2011 Sector-specific issues (telecommunications) Transparency   No
165 China and the United States agreed to expand the Memorandum of Understanding opening the market for the sale of packaged leisure travel from China to the United States to three additional provinces – Henan, Jiangxi and Guizhou – for a total of 27. 2011 Sector-specific issues (travel and tourism)     No
166 China confirmed that it requires state-owned enterprises under the authority of the China Banking Regulatory Commission and central state-owned enterprises directly supervised by the State-Owned Assets Supervision and Administration Commission of the State Council to purchase and use legitimate software, including but not limited to operating system and office suite software. 2012 Intellectual property rights Sector-specific issues (software)   No
167 Building on an existing JCCT commitment to develop a Judicial Interpretation making clear that those who facilitate online infringement will be jointly liable for such infringement, China announced that its Supreme People’s Court will publish a Judicial Interpretation on Internet Intermediary Liability before the end of 2012. 2012 Intellectual property rights Transparency   Yes
168 China reaffirmed that technology transfer and technology cooperation are the autonomous decisions of enterprises. China will not make this a precondition for market access. If departmental or local documents contain language inconsistent with the above commitment, China will correct them in a timely manner. 2012 Intellectual property rights     No
169 Article 21 of China’s 2007 MLPS Administrative Measures specifies an indigenous intellectual property requirement for the selection of information security products for level three and above with the objective of protecting national information security. China will conduct a process to revise this measure and seek the views of all parties, including through dialogue with the United States. 2012 Intellectual property rights Sector-specific issues (information technology and security)   No
170 China’s central, provincial, and local level governments procure more than $16 billion in official use vehicles per year. China committed to delay issuing the 2012 Party and Government Organ Official Use Vehicle Selection catalogue and to discuss U.S. concerns with regard to the draft catalogue and applicable vehicle selection rules with the United States. 2012 Government procurement     No
171 The United States and China will maintain communication on U.S. concerns regarding whether China’s High and New Technology Enterprise Certification Administration Measures and related rules apply equally to Chinese and foreign invested enterprises or contain technology transfer or intellectual property localization requirements, including through the U.S.-China Innovation Dialogue. 2012 Technical and regulatory barriers to trade Intellectual property rights   No
172 China’s definition of government procurement in its Government Procurement Law is narrower than the definition in the WTO Government Procurement Agreement (GPA). Accordingly, China recognized that some Chinese government procurement projects are for public service and that some enterprises, including some state-owned enterprises, procure in the public interest. Understanding that many enterprises are for profit with diversification of ownership, including being publicly listed, China and the United States will conduct consultations, under the GPA framework and through bilateral dialogues, focused on projects for public service and on the entities that procure in the public interest. 2012 Government procurement Multilateral issues   No
173 China confirmed that eligible foreign-invested testing and certification entities registered in China can participate in CCC mark-related work and China’s review of applications from foreign-invested entities will use the same conditions as are applicable to Chinese domestic entities. 2012 Technical and regulatory barriers to trade     No
174 China agreed it will not mandate any particular encryption standard for commercial 4G Long Term Evolution telecommunications equipment. 2012 Technical and regulatory barriers to trade Sector-specific issues (telecommunications)   No
175 China committed to engage in discussions with the United States on measures related to fleet planning associated with the civil aviation industry. 2012 Sector-specific issues (transportation)     No
176 The Chinese Government clarified that it will provide foreign enterprises fair and equitable participation in the development of SEIs, including the 20 major projects announced on May 30, 2012 by Premier Wen. 2012 Other (strategic emerging industries)     No
177 China committed that policies supporting SEI development comply with the World Trade Organization’s national treatment rules and that such policies are equally applicable to qualified domestic and foreign enterprises. 2012 Multilateral issues Other (strategic emerging industries)   No
178 Relevant Chinese Government ministries will engage in dialogue and exchange with relevant U.S. departments on the development of SEIs. 2012 Other (strategic emerging industries)     No
179 China committed that any measures affecting pricing of medical devices will treat foreign and domestic manufacturers equally, and that China will take into account comments from the United States on this issue, including how to improve transparency. 2012 Sector-specific issues (pharmaceuticals and medical devices) Transparency   No
180 China confirmed that a Ministry of Finance-led delegation would hold discussions with the United States, beginning in the first half of 2013, in order to work toward a mutual understanding of China’s VAT system and the concepts on which a trade neutral VAT system is based. 2012 Other (VAT)     Yes
181 China confirmed that it will take the views of all stakeholders into full consideration in regard to the regulation of information technology and telecommunications hardware, operating systems, applications, app stores, and other related services. The United States and China will continue to discuss this issue at the working level as China works to revise and improve the current draft. 2012 Technical and regulatory barriers to trade Sector-specific issues (information technology and security) Sector-specific issues (telecommunications) No
182 The U.S. Department of Agriculture (USDA) affirmed new access for pears in the Chinese marketplace through a commitment to allow reciprocal trade between the two countries beginning in 2013. 2012 Sector-specific issues (agriculture)     Yes
183 Additionally, USDA and China’s Ministry of Agriculture made a commitment to a biotechnology pilot program, which could provide greater cooperation in the approval process for new products. 2012 Sector-specific issues (agriculture)     No
184 To promote scientific advancement and to establish effective regulatory data protection, China agreed to define new chemical entity in a manner consistent with international research and development practices in order to ensure regulatory data of pharmaceutical products are protected against unfair commercial use and unauthorized disclosure. 2012 Intellectual property rights Sector-specific issues (pharmaceuticals and medical devices)   No