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6 Barriers to agricultural imports
Tariffs
The levels of tariff reported in this section refer to bound and applied tariffs. Bound (or Most Favoured Nation) tariffs are commitments made by World Trade Organization (WTO) members for the maximum allowable tariffs that a member country may levy on imports. Applied tariffs are the levies actually used. In Malaysia, bound tariffs for most agricultural imports are not more than 20 per cent (table 5). However, some bound tariffs are very high. Products affected include pork (139 per cent), wheat meslin flour (96 per cent), round cabbages (90 per cent) and fresh or chilled chicken cuts (85 per cent).

Despite the presence of some very high bound tariffs, applied tariffs are mostly low or zero. For example, applied tariffs for live animals, meat, cereals, most vegetables, some dairy products and sugar are zero in Malaysia. Agricultural imports that have higher applied tariffs include rice (40 per cent), yoghurt (25 per cent), sauces and mixed condiments (20 per cent), some prepared meat (15–20 per cent) and cocoa and cocoa preparations (15–19 per cent). It appears that some applied tariffs are greater than the WTO bound tariffs. For example, yoghurt, sausages in other than airtight containers and meat of swine (table 5).
Tariff quotas
In April 2008 Malaysia implemented tariff quotas on a range of agricultural products, including live swine, live poultry, meat of swine, poultry meat, milk, birds’ eggs and round cabbages. Tariff quotas for these items (and some other agricultural products) were included in Malaysia’s 1995 WTO tariff schedule following the Uruguay Round of multilateral trade negotiations. However, these tariff quotas had not been implemented. Prior to the implementation of the tariff quotas in April 2008, the applied tariffs for the affected products had been zero (table 5). With the introduction of the tariff quotas, the in-quota tariffs generally range from 10 to 25 per cent, while the above-quota tariffs generally range from 20 to 50 per cent (Royal Malaysian Customs 2008). Consequently, the implementation of the tariff quotas represents a significant increase in import barriers for the affected products.

Imports of these products from a number of countries that Malaysia has free trade agreements with enter Malaysia at a zero tariff (Royal Malaysian Customs 2008). These countries include other ASEAN members (under the ASEAN Free Trade Agreement) as well as China, Pakistan, Korea and Japan. As a result, for the tariff quota products, exporters from these countries to Malaysia enjoy a tariff advantage over exporters from countries that are outside these trade agreements.
Import regulations in Malaysia

BERNAS is the sole importer of rice. It handles approximately 700 000 to 900 000 tonnes per year, which is approximately 40 to 50 per cent of total rice supplies. A range of agricultural products require import licences. These include eggs, poultry, fresh or preserved meat and offal, live animals, round cabbages, sugar, cereal flour, rice and liquid milk.

All imports of non-pork meat, processed meat, poultry, egg and egg products must receive halal certification from an approved Islamic Centre. The production facilities for these products are jointly inspected by the Malaysian Department of Veterinary Services and the Department of Islamic Development.

There have been complaints from US exporters that the Malaysian halal certification process is non-transparent (United States Trade Representative 2004). As mentioned earlier, Australian exports of beef were adversely affected in 2006 as a result of changes to the halal protocol. In December 2005, a National Council of Islamic Affairs Malaysia fatwa outlined that pneumatic/mechanical stunning would be forbidden for the halal slaughtering of cattle. Only electrical stunning or the complete absence of stunning would be acceptable.

Sugar, bread and flour are among a number of basic agricultural (and non-agricultural) items subject to price controls in Malaysia. Domestic prices and imports of sugar and wheat products are controlled and predetermined by the government. Unless significant pressures on domestic prices emerge, imports will not be allowed to increase. Malaysia has indicated its intention to review its price controls with a possibility of replacing them with market oriented measures (Burton 2008). As part of this process, in June 2008 the Domestic Trade and Consumer Affairs Minister announced that ceiling prices on fresh chicken would be removed and imports of processed chicken would be allowed (NSTonline 2008). However, at this stage price controls on sugar and wheat based products remain.

Malaysia’s involvement in free trade
agreements

As a member of ASEAN, Malaysia is party to the ASEAN Free Trade Area (AFTA) .Through its membership of the Association of South East Asian Nations (ASEAN), Malaysia is party to the Japan–ASEAN and Korea–ASEAN trade agreements. ASEAN is currently negotiating trade agreements with a number of other countries (table 6). In recent years, Malaysia has signed bilateral trade agreements with Japan and Pakistan. Malaysia is currently negotiating bilateral trade agreements with a number of countries — namely, Australia, New Zealand, India and the United States. Malaysia is committed to reduce tariffs and adopt trade facilitating protocols for member countries of those agreements.

Agreements between countries that reduce agricultural trade barriers help agricultural exporters in the partner countries. Australia, as the largest exporter of agricultural products to Malaysia, can be expected to gain from the finalisation and implementation of a free trade agreement with Malaysia. However, the size of the gain will depend on the extent and timing of the reduction of tariffs and non-tariff barriers in the agreement. As noted above, Malaysia has negotiated, or is in the process of negotiating, trade agreements with other countries. Therefore, the benefits to Australian agricultural exporters from any Australia–Malaysia free trade agreement will be influenced by any reductions in trade barriers faced by competing agricultural exporters.

 
5 Bound and applied tariffs (percentage unless otherwise stated)
bound tariffs
applied tariffs
2004
2006
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Live animals
Live bovine animals (except pure bred breeding)
5
0
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Meat of bovine animals
Carcasses, half carcasses, bone-in, boneless; fresh, chilled, frozen
15
0
Pig meat
Carcasses, half carcasses, hams, shoulders bone in; fresh, chilled, frozen
139
0
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Sheep meat
Carcasses, half carcasses, bone-in, boneless; fresh, chilled, frozen
15
0
Poultry meat 
56.7
0
Chicken wings, fresh, chilled
74.2
0
Chicken cuts, fresh, chilled
85
0
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Dairy products
Skim milk powder, unsweetened
5
0
Whole milk powder, unsweetened
5
0
Yogurt, fresh, flavoured or containing added fruit or nuts
10
25
Butter
5
2
Cheese (except for processed cheese)
10
5
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Vegetables
Potatoes
5
0
Onions, shallots, garlic, leeks
10
0
Cauliflowers, brocoli
9%+$21.87/kg
0
Round cabbages
90
0
Carrots and turnips
9%+$12.62/kg
0
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Fruit and nuts
Fresh oranges
20
0
Grapes fresh or dried
20
5
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Cereals and flour
Durum wheat
5
0
Other wheat and meslin
0
0
Rice (except broken rice for animal feeding)
40
40
Wheat or meslin flour
96
0
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Prepared meats
Sausages and similar products in airtight containers
15
15
Sausages and similar products in other containers
10
20
Prepared meat (except meat of swine)
15
0
Prepared meat of swine
10
15
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Sugars and sugar confectionery
Cane, beet sugar
15% or RM112.50/t w.i.t.h a
0
Cocoa and cocoa preparations
Cocoa powder
15
19
Chocolate
15% or $2/kg w.i.t.h a
15
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Preparation of cereals
Pasta
20
0-8
Fruit juice
Fruit juice for infant food
5
0
Fruit juice ready for immediate consumption
20
6-Oct
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Sauces and mixed condiments
Soy sauce
10
20
Tomato ketchup and other tomato sauces
15
20
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Wine
Wine in containers 2 litres or less
450RM/dal
MYR120/dal
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Cotton
Cotton carded or combed
5
0
a Whichever is the higher.
Source: WTO (2006b), US-ASEAN Business Council (2008), Royal Malaysian Customs (2008).
6 Malaysia’s trading initiatives
title scope and status
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ASEAN
Free Trade Area
(AFTA)
Six ASEAN mebers (Malaysia, Brunei Darussalam, Indonesia, the Philippines, Thailand and Singapore) to cut intra-regional tariffs to 0–5 per cent except for Some tariff cuts for Viet Nam by 2006, Laos and Myanmar by 2003 and Cambodia by 2010. Non-tariff barriers are also to be reduced. Implementation commenced in  1993.
Japan–Malaysia Economic
Partnership Agreement (JMEPA)
FTA: trade in goods, agriculture, services, and investment with flexibility for sensitive sectors and economic cooperation in several sectors. The agreement was signed in December 2005.
Malaysia–Pakistan Closer
Economic Partnership
Agreement (MPCEPA)
Liberalisation of trade in goods, services and investment and economic cooperation. The agreement was signed in November 2007.
ASEAN–Japan Comprehensive
Economic Partnership
Goods, services and investment liberalisation by 2012 and facilitation of technical and economic cooperation. The agreement was signed in March 2005
ASEAN (except for Thailand)
–Korea Free Trade Agreement
To expand two-way trade and investment by liberalising and integrating markets and at least 80 per cent of goods at zero tariff by 2009. The agreement  was signed in May 2006.
Malaysia–US Free Trade
Agreement (MUFTA)
FTA in goods, services, intellectual property and legal issues. Under negotiation.
Malaysia–Australia Free Trade Agreement Under negotiation.
Malaysia–New Zealand Free
Trade Agreement
To address high tariffs and non-tariff barriers and the facilitation of investment flows in agriculture and agricultural-based industries. Under negotiation.
Malaysia-India To enhance exports of goods and services and expand cooperation in sectors such as biotechnology, software development, science and education. Under negotiation.
Malaysia-Korea Trade in goods and services, investment promotion, economic and technical cooperation. Under negotiation.
ASEAN–India Free Trade Agreement Goods, services and investments. The negotiations are expected to be finalised in early 2009.
ASEAN–China CECA
(Comprehensive Economic
Co-operation between ASEAN
and China) framework
A framework agreement laying out FTA plan was signed in 2002. The FTA has been targeted to come into full force in 2010 for the six original ASEAN members and in 2015 for the other four members. An integral part of this agreement is the ‘Early Harvest’ program under which the phased elimination of tariffs for some products commenced in 2004. Agricutural products covered by the ‘Early
ASEAN–Australia and New Zealand
Free trade Agreement (AANZFTA)
Under negotiation.
Source: WTO 2006a, Bilateral (2007) and ASEAN (2008).