the national rule applies directly to the

… there are two questions which need to be answered to determine whether there is a violation of Article III:2 of the GATT 1994: (a) whether imported and domestic products are like products; and (b) whether the imported products are taxed in excess of the domestic products. The word “for” relates the term “products purchased” to “governmental purposes”, and thus indicates that the products purchased must be intended to be directed at the government or be used for governmental purposes. N.1.9.4.2 EC — Asbestos, para. Japan conditionally appeals the Panel’s interpretation and application of the term “commercial resale”. N.1.14.3 US — Section 211 Appropriations Act, para. • > Article III:4 of the GATT 1994 — “affecting” N.1.11A.1.2 Canada — Renewable Energy / Canada — Feed-in Tariff Program, para. N.1.2 Article III:2 of the GATT 1994 — Tax discrimination. Both the French and the Spanish terms correspond closely to the English term “needs”. … The very magnitude of the dissimilar taxation in a particular case may be evidence of such a protective application, as the Panel rightly concluded in this case. … In our view, … an analysis of less favourable treatment should not be anchored in an assessment of the degree of likelihood that an adverse impact on competitive conditions will materialize. …, … The Article III national treatment obligation is a general prohibition on the use of internal taxes and other internal regulatory measures so as to afford protection to domestic production. This omission must have some meaning. None of the participants disputes that this would constitute an example of a good purchased for governmental purposes. Accordingly, in interpreting the term “like products” in Article III:4, we must turn, first, to the “general principle” in Article III:1, rather than to the term “like products” in Article III:2. The European Union explains that, when it refers to product “characteristics”, it does so not as necessarily referring to physically detectable characteristics, but as referring to elements that define the nature of the product more broadly. Although we agree that it is certainly relevant that products have similar end-uses for a “small number of … applications”, or even for a “given utilization”, we think that a panel must also examine the other, different end-uses for products. > Article III:2 of the GATT 1994, first sentence — “like products”. 289(WT/DS176/AB/R), … the very existence of the additional “hurdle” that is imposed by requiring application to OFAC is, in itself, inherently less favourable. N.1.11A.1.6 Canada — Renewable Energy / Canada — Feed-in Tariff Program, paras. The European Union submits that the environmental profile or the environmental attributes that a particular product may incorporate, even if they do not materialize into any particular physical characteristic, could legitimately form part of the requirements of the product purchased that are closely related to the subject matter of the contract. We have found above that the conditions for derogation under Article III:8(a) must be understood in relation to the obligations stipulated in the other paragraphs of Article III. The provision further refers to “use in the production of goods”. 194–195(WT/DS339/AB/R, WT/DS340/AB/R, WT/DS342/AB/R). … Article 18 and Section C of Chapter IV of the Havana Charter for an International Trade Organization correspond, respectively, to Article III and Article XVI of the GATT 1947.   back to text. N.1.11.4 Korea — Various Measures on Beef, para. New questions in Engineering. 100(WT/DS135/AB/R). Based on this understanding of the measure, we therefore agree with the Panel that Thailand subjects imported cigarettes to internal taxes in excess of those applied to like domestic cigarettes, within the meaning of Article III:2, first sentence, of the GATT 1994. See also National Treatment, Article III:4 of the GATT 1994 — Regulatory discrimination (N.1.9); Textiles and Clothing Agreement, Article 6.2 — “like products” (T.7.5); TBT Agreement, Article 2.1 — MFN and national treatment obligations, “like products” (T.4.2A.4) We do not consider that HS heading 2208, which groups together all distilled spirits, as well as other liquors and unflavoured neutral spirits for human consumption or for industrial purposes, constitutes a tariff classification that is sufficiently detailed to provide an indication of “likeness”, within types of distilled spirits, between domestic distilled spirits made from designated materials and imported distilled spirits made from non-designated materials. At the same time, however, the examination need not be based on the actual effects of the contested measure in the marketplace. There is no comparable provision in the GATS. This does not, however, preclude consideration of consumer behaviour in a country other than the one at issue. The object and purpose of Article III confirms that the scope of the term “directly competitive or substitutable” cannot be limited to situations where consumers already regard products as alternatives.

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