ANNOUNCED AS TEMPORARYNo
Import-related non-tariff measure, nes
On 6 April 2009, the General Administraton of Customs and the State Press and Publication Administration ("SPPA") jointly issued the Measures for the Administration of Import of Audio and Video Products (Lianheling '2011' No.53) for the purpose of improving the management of the importation of audio and video products (AV products).
This measure banned the importation of AV products containing the following content:
1) against the principles of the Constitution;
2) endangering the national unity, sovereignty, and territorial integrity of China;
3) disclosing the state secrets, or endangering the national security, honour and interest;
4) inciting hatred or discrimination, harm the unity among different ethnicities;
5) promoting sect and superstition;
6) disturbing the social order and stability;
7) promoting gambling, pornography, or instigation of a crime;
8) humiliation and defamation, infringement of legal rights;
9) against public morals and the excellence of national culture; or
10) other content banned by the national law and regulations.
The importation of the AV products are subject to the review and approval of SPPA.
There are two concerns with this measure. First, that the definition ofthe criteria for limiting trade are vague, hence introducingpolicy-related uncertainty for importers and exporters. Second, that theimplementation of this measure may be on discriminatory grounds. Forexample, in criteria (8), whose rights are being protected?
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