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DISPUTE SETTLEMENT: DISPUTE DS377

European Communities and its Member States — Tariff Treatment of Certain Information Technology Products

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary of the dispute to date  back to top

Summary up-to-date at

Panels established by DSB/reports not yet circulated

Complaint by Chinese Taipei. 

The United States and Japan on 28 May 2008, and Chinese Taipei on 12 June 2008, requested consultations with the European Communities and its member States with respect to their tariff treatment of certain information technology products.

The United States, Japan and Chinese Taipei all claim that the tariff treatment the European Communities and its member States accord to certain information technology products does not respect their commitments to provide duty-free treatment for these products under the Information Technology Agreement (ITA).  According to the United States, Japan and Chinese Taipei, the European Communities and its member States now impose duties on these products contrary to their scheduled duty-free tariff concessions arising from the ITA.

The United States, Japan and Chinese Taipei assert that a number of EC customs classification legal instruments, alone or in combination with Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, including all annexes thereto, as amended, appear to be inconsistent with the EC's and its member States' obligations under Article II:1(a) and II:1(b) of the GATT 1994 and their Schedules, and therefore nullify or impair benefits accruing to the United States, Japan and Chinese Taipei under the GATT 1994.

The United States and Chinese Taipei also claim that the publication of certain amended explanatory notes in the EC Official Journal after their application by its member States is inconsistent with the EC's obligations under Article X:1 and X:2 of the GATT 1994.

With respect to disputes WT/DS375 and WT/DS376, Thailand, Japan, the Philippines, Singapore, Chinese Taipei and China requested to join the consultations.

With respect to dispute WT/DS377, the United States, China and Japan requested to join the consultations.  Subsequently, the European Communities informed the DSB that it had accepted the request of China to join the consultations.

On 18 August 2008, the United States, Japan and Chinese Taipei, jointly and severally, requested the establishment of a panel.  At its meeting on 29 August 2008, the DSB deferred the establishment of a panel.  At its meeting on 23 September 2008, the DSB established a panel and Brazil;  China;  Hong Kong, China;  India;  Korea; the Philippines;  Thailand and Viet Nam reserved their third-party rights. Subsequently, Australia, Costa Rica, Singapore and Turkey reserved their third-party rights.

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