GD/108

Japan - Restraints on Imports of Manufactured Tobacco from the United States

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Other titles

Japan Tobacco (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
Japan
Third Parties
Sweden

Products at Issue

Products at issue
Manufactured tobacco
Type of product
Agricultural
Product sub-type
Tobacco and tobacco products

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:1
Claims raised
  • GATT Article III
  • GATT Article XVII
Defences raised
  • n.a.

Adjudicators

Type Panel
Chairperson H. Kröyer (Iceland)
Other members Alejandro Jara (Chile), A. P. Lautenberg (Switzerland)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:1
Claims at issue
  • GATT Article III
  • GATT Article XVII
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 2
  • -
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure

Timeline

Request for consultations
  • (01/01/1981)
Request for establishment
Establishment
Composition
Report
Adoption of report
Mutually agreed solution
  • (04/03/1981)
Request withdrawn
  • (05/05/1981)

Outcome

Outcome of the proceedings
Withdrawal or modification of measure, report adopted, mutually agreed solution, request withdrawn
Additional Info C/M/136 (22/11/1979) Minutes of Council Meeting (16/11/1979) The Council authorized its Chairman to take the necessary steps for the establishment of a panel, in consultation with the two parties concerned, "if the matter had not been settled satisfactorily on a bilateral basis by 31 December 1979."

L/5140 (15/05/1981) Japanese Restraints on Imports of Manufactured Tobacco from the United States – Report of the Panel: The United States considered that Japan maintained a variety of governmental measures, which taken together, established a pattern of discriminatory treatment against imports of manufactured tobacco inconsistent with GATT Articles III and XVII. The Panel examined the matter over the course of several meetings. The parties then informed the Panel that they had successfully concluded bilateral consultations on the issue of manufactured tobacco, and subsequently advised the Panel of the definitive implementation of a bilateral settlement. The United States informed the Panel that it was withdrawing its complaint under Article XXIII:2 on the basis of the settlement and the Panel considered the proceedings to be terminated.