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ILLUSTRATIO
PRACTICAL ISSUES
CASE/COMPLAINT
The United States considered that these measures are inconsistent with the
obligations of the Philippines under Articles III:4, III:5 and XI:1 of the GATT
1994, Articles 2.1 and 2.2 of the TRIMS Agreement, and Article 3.1(b) of the
SCM Agreement.
On 12 October 2000, the US requested the establishment of a panel. At its
ART3 (4) The products of the territory of any contracting party imported
into the territory of any other contracting party shall be accorded
treatment no less favourable than that accorded to like products of
national origin in respect of all laws, regulations and requirements
affecting their internal sale, offering for sale, purchase, transportation,
distribution or use. The provisions of this paragraph shall not prevent
the application of differential internal transportation charges which are
based exclusively on the economic operation of the means of transport
and not on the nationality of the product
2.
ART5 (2) Each Member shall eliminate all TRIMs which are notified
under paragraph 1 within two years of the date of entry into force of
the WTO Agreement in the case of a developed country Member,
within five years in the case of a developing country Member, and
within seven years in the case of a least-developed country
Member.