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World Trade
Organization G/TBT/N/KWT/2
23 December 2002 (02-7085) Committee on Technical Barriers to Trade Original: English

NOTIFICATION

The following notification is being circulated in accordance with Article 10.
Agency responsible: The Public Authority for Industry (PAI)
Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: 3.
ICS numbers may be provided in addition, where applicable):
Group II: Electrical and Electronics Products
Class A (1st stage implementation)
II-02 COMBINED FUNCTION AUDIO AND/OR VIDEO SYSTEMS (NON PROFESSIONAL) incl.
HS Codes: Combinations of II-03, II-04, II-41, II-43, 8527.
RICE COOKERS, DEEP FRYERS, HOT PLATES, TOASTERS, POPCORN MAKERS, ROASTERS, GRILLS AND BARBECUES AND THE LIKE UP TO 3500 WATTS.
KNEADERS, FOOD PROCESSORS, MILLS, GRINDERS, BLENDERS, MIXERS, JUICERS, BEATERS, SHAKERS, WHIPPERS, CHURNS, ICE CREAM MAKERS, PEELERS, SLICERS, SHARPENERS, CAN OPENERS, WASTE DISPOSERS AND THE LIKE UP TO 1000 WATTS.
80
II-13 PERSONAL CARE/GROOMING APPLIANCES (SHAVERS, HAIR CLIPPERS, HAIR-REMOVERS, MASSAGERS, SKIN CARE APPLIANCES, ELECTRIC TOOTH BRUSHES AND ORAL HYGIENE UP TO 500 WATTS OR RECHARGEABLE.
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II-50 IMMERSION HEATERS, WATER BED HEATERS, ELECTRIC BLANKETS, HEATING PADS, FOOT WARMERS, APPLIANCES FOR USE WITH AQUARIA AND GARDEN PONDS, WHIRLPOOL BATHS AND SAUNA HEATERS AND THE LIKE.
Implementation of the subject measure constitutes an exercise of a WTO Members’ right under Article 5 of the Technical Barriers to Trade Agreement for “central government bodies to apply procedures for assessment of conformity to products originating in the territories of other Members in cases where a positive assurance of conformity with Technical Regulation and Standards is required.
2 which stipulates that “conformity assessment procedures shall be no more strict or be applied more strictly than is necessary to give confidence that products conform to the applicable technical regulations and standards”, ICCP adheres to the principle of proportionality through providing exporters the flexibility to choose between (3) different methods of achieving compliance, each with a varying degree of shipment intervention and testing.
For example, registered products that have demonstrated their conformity through substantiated test reports may be granted a complete waiver from testing for up to (3) years.
Other locally manufactured products not opting for the Quality Mark System are subjected to periodic drawing of samples from production lines and various market locations with subsequent carrying out of conformity assessment testing at PAI or other public or private sector laboratories inside and outside Kuwait.
In any case, implementation of the ICCP on imported products would free substantial resources of skilled PAI manpower and facilities that can be directed and devoted towards higher level of enforcement on locally manufactured products.
Thus, taking into consideration the Developing Country status of Kuwait, shortcomings (if any) in the current implementation of CAVP on locally manufactured products should not prejudice the right of the Kuwaiti consumer to be protected at large against potential non-conformities in imported products that represent the majority of products made available to him in the Kuwaiti market.
The PAI have chosen and appointed a Program Management Company to administer the ICCP globally on its behalf pursuant to a competitive bidding process resulting in the selection of the bidder with the lowest fees and highest qualification points.
Consignment inspection fees have a graduated decreasing scale against larger consignments with the fee in each scale consisting of a fixed and a variable component based on % of the FOB value of the consignment, subject to a minimum charge, thereby providing uniformity and equitability among products originating in different countries.
the fees are equitable and “are limited in amount to the approximate cost of services rendered and does not represent an indirect protection to products or a taxation of imports or exports for fiscal purposes”.
8 in relation to processing periods and avoiding of delays, information and confidentiality requirements, the siting of facilities, and the handling of complaints, as explained in detail in the Procedures and Guidelines document.
The ICCP accepts results of CAP issued by internationally or nationally accredited or recognized bodies, or bodies with which mutual recognition agreements had been concluded, in as much as they offer an assurance of conformity to the applicable technical regulations and standards.
Additionally, the PAI will during the notification period “publish a notice in a publication at an early appropriate stage, in such a manner as to enable interested parties in other WTO Members to become acquainted with it, that it proposes to introduce this conformity assessment procedure”.
This will take the form but is not be limited to notification and forwarding of copies of the ICCP Procedures and Guidelines to foreign Embassies in Kuwait, Kuwait Chamber of Commerce & Industry, the Kuwait Industries Union, Kuwaiti Embassies in exporting countries, International Joint Chambers of Commerce, major manufacturers associations of the Regulated Products, as well as publishing of articles in the local newspapers and conducting information and discussion seminars about the Program for local businessmen and importers.
Relevant Documents:
International Conformity Certification Program at Exporting Countries – Comprehensive Procedures and Guidelines (13 pages plus Appendices A to J)
List of Kuwaiti Standards applicable during 1st stage of ICCP 9.
Proposed date of adoption:
Proposed date of entry into force: ( 1 February 2003 for 1st Stage of Program and Class A Products.
Texts available from: National enquiry point [ X ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body:
PAI
Web site: www.