2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature

Summary Information
Download
Full Title	2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature
Short Title / Abbreviations	AHTN Protocol (ASEAN Harmonized Tariff Nomenclature)
CIL Subject Classification	ASEAN Documents ASEAN Economic Community Customs ASEAN Free Trade Area Finance
Date of Adoption	07/08/2003
Place of Adoption	Makati, the Philippines, 7th ASEAN Finance Ministers Meeting (AFMM)
Issued/Adopted by	Finance Ministers of ASEAN
Dispute settlement provisions	Article 9 ‘Dispute Settlement’: “1. Member States shall, at the written request of a Member State, enter into consultations with a view to seeking a prompt, equitable and mutually satisfactory solution, if that Member State considers that: a) an obligation under the Protocol has not been fulfilled, is not being fulfilled or may not be fulfilled; or b) any objectives of the Protocol is not being achieved or may be frustrated. 2. Any differences between Member States concerning the interpretation or application of the Protocol shall, as far as possible, be settled amicably between the Member States. If a settlement cannot be reached, the dispute shall be submitted to the ASEAN Directors-General of Customs. If a settlement still cannot be reached by the ASEAN Directors-General of Customs, the dispute shall be referred to the ASEAN Finance Ministers Meeting.” Read together with the Interpretive Notes: Article 9(1): “a. Member States are encouraged to settle their differences through consultations. If a solution cannot be reached, Member States can submit the dispute to the ASEAN Directors-General of Customs for a decision without necessarily involving the dispute settlement procedures in Article 9. b. In the interest of uniformity, settlements at the consultation level must be notified to the ASEAN Directors-General of Customs. Where applicable, such settlements shall be subject to agreement by the ASEAN Directors-General of Customs.” Article 9(2): “a. Recourse can be made to the World Customs Organisation for expert opinion on differences in the interpretation or application of the AHTN. b. The ASEAN Finance Ministers Meeting shall be the final arbiter in any dispute relating to the implementation of this Protocol.” This Protocol is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix I.
Depository	Secretary-General of ASEAN
Annexes	Interpretive Notes of the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature Annex: ASEAN Harmonised Tariff Nomenclature, Supplementary Explanatory Notes (2003 version not available)
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	07/08/2003
Entry into Force / Termination Provisions	Article 10.5 ‘Final Provisions’: “The Protocol shall enter into force on 7 August 2003. However, Member States may defer the obligation to apply the AHTN under paragraph 2 of Article 4 of the Protocol, to a date no later than 1 January 2004.”
Status
ASEAN States
Brunei Darussalam	Signature 07/08/2003
Cambodia	Signature 07/08/2003
Indonesia	Signature 07/08/2003
Lao PDR	Signature 07/08/2003
Malaysia	Signature 07/08/2003
Myanmar	Signature 07/08/2003
Philippines	Signature 07/08/2003
Singapore	Signature 07/08/2003
Thailand	Signature 07/08/2003
Vietnam	Signature 07/08/2003
Related Instruments
Protocols / Amendments to this instrument	2010 Second Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature 2004 Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature 2003 Understanding on the Criteria for Classification in the ASEAN Harmonised Tariff Nomenclature
Related Instruments	2012 ASEAN Agreement on Customs 2009 ASEAN Trade in Goods Agreement 1997 ASEAN Agreement on Customs
External Links	ASEAN Secretariat accessed on 26/08/2022