GD/100

Norway - Restrictions on Imports of Certain Textile Products

Other titles

Norway Textiles (Source: GATT Analytical Index)

Parties

Complainant
Respondent
Third Parties

Products at Issue

Products at issue
Textiles
Type of product
Non-agricultural
Product sub-type
Textiles and Apparel

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXII:1
Claims raised
  • GATT Article I
  • GATT Article XI
  • GATT Article XIII:2(a)
  • GATT Article XIII:2(d)
  • GATT Article XIX:3(a)
Defences raised
  • GATT Article XIX

Adjudicators

Type Panel
Chairperson R. J. Martin (Canada)
Other members J. D. Gerber (Switzerland), P. J. Dass (Trinidad and Tobago)

Report

Type Panel
Legal basis at issue
  • GATT Article XXII:1
Claims at issue
  • GATT Article I
  • GATT Article XI
  • GATT Article XIII:2(a)
  • GATT Article XIII:2(d)
  • GATT Article XIX:3(a)
Defences at issue
  • GATT Article XIX
No of Pages (total / legal reasoning) 8
  • -
  • Not in report conclusions
  • Not in report conclusions
  • Inconsistency found
  • Inconsistency found
  • Inconsistency found
  • Defence found to be inapplicable

Timeline

Request for consultations
  • (01/03/1978)
Request for establishment
Establishment
Composition
Report
Adoption of report

Outcome

Outcome of the proceedings
Report adopted
Additional Info L/4959 (24/03/1980) Norway's Article XIX Action on Certain Textile Products – Report of the Panel: The Panel based its decision on the statements by Hong Kong that it was prepared to assume that Norway had the necessary justification for taking the Article XIX action on certain textile products. The Panel took note of the introductory part of paragraph 2 which stipulates that in applying an import restriction on an import, a contracting party "shall aim at a distribution of trade in such product approaching as closely as possible the shares which the various contracting parties might be expected to obtain in the absence of such restrictions", and that paragraph 2(a) further prescribes that wherever practicable, quotas representing the total amount of permitted imports shall be fixed. The Panel considered that Hong Kong has the right to expect the allocation of a share of the quotas in accordance with Article XIII:2(d) and that, to the extent Norway had allocated import quotas to six countries with whom it had concluded long-term bilateral arrangements, but had failed to allocate a share to Hong Kong, its Article XIX action was not consistent with Article XIII. The Panel held that this measure would prima facie constitute a case of nullification or impairment of benefits, and that Norway should immediately either terminate its action taken under Article XIX or make it consistent with the provisions of Article XIII.

C/M/141 (18/07/1980) Minutes of Council Meeting (18/06/1980) Council agreed to the action proposed by the Chairman to adopt the Report in principle and to appeal to the parties to intensify their efforts to reach a mutually acceptable agreement and to recommend to Norway to make its Article XIX action consistent with Article XIII as soon as possible.