General Agreement on Tariffs and Trade

746 Words3 Pages
A. GATT Article III has been nullified and impaired. The WTO resolution panel will use the Japan—Taxes on Alcoholic Beverages case’s “like” products test and the tariff classification test to establish the presence of nullification and impairment. The MF and Dabi are Members of the WTO and they both must abide by the WTO Agreement. This Agreement gives WTO Members benefits in return for their commitment to the Agreement. The MF is not complying with GATT Article III, Section 1 in that the MF is protecting their domestic beef products by regulating the importation of Dabi’s beef products without enough scientific evidence to support the negative effects of Xamil. Imported beef products must be treated the same as domestic beef products. Dabi’s and the MF’s beef products are like products due to identical end users and the beef’s properties. Until more compelling scientific studies are conducted to prove that Dabi’s and the MF’s beef products are not like products, the MF’s regulation of Dabi’s beef products is inconsistent with Article III. In order to conduct the tariff classification test, the WTO’s Harmonized Tariff Schedule system must be used. B. GATT Article XX (b) may be used by the MF to argue against Dabi’s claims. The WTO resolution panel will use the Thailand—Restrictions on Importation of Cigarettes case to test whether the ban on Dabi beef products is “necessary” to protect human health. The case shows that the MF will not be successful in invoking the GATT
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