GD/76

Jamaica - Margins of Preference

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Jamaica Margins of Preference (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
Jamaica
Third Parties

Products at Issue

Products at issue
General
Type of product
Not specified
Product sub-type

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:2
Claims raised
  • GATT Article I:4
  • GATT Article XXVI:5(c)
Defences raised
  • GATT Article XXVI:5(b)
  • Protocol of Provisional Application (PPA) para. 2

Adjudicators

Type Panel
Chairperson Sermet R. Pasin (Turkey)
Other members M. H. E. Moerel (Netherlands), J. R. Samaranayake (Ceylon), A. Schnebli (Switzerland)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:2
Claims at issue
  • GATT Article I:4
  • GATT Article XXVI:5(c)
Defences at issue
  • GATT Article XXVI:5(b)
  • Protocol of Provisional Application (PPA) para. 2
No of Pages (total / legal reasoning) 4 (and 12 annex)
  • -
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution

Timeline

Request for consultations
  • (01/01/1970)
Request for establishment
Establishment
Composition
Report
Adoption of report

Outcome

Outcome of the proceedings
Report adopted, panel recommended a waiver. See L/3503
Additional Info L/3485 (20/01/1971) Jamaica - Margins of Preference - Report of the Panel: The Panel held that since Jamaica had acceded to the GATT under Article XXVI:5(c) it had assumed the rights and obligations involved in the application to it of the GATT by the UK before Jamaica became independent. The Panel found that the base date for permissible margins of preference applicable to Jamaica was 10 April 1947, but suggested in the light of exceptional circumstances that the contracting parties consider a waiver to change that date to 1 August 1962. Included as annex a draft decision, which was submitted to a vote when the Panel Report was adopted (C/M/66). The draft decision was then adopted as L/3503.

L/3503 (03/03/1971) Jamaica - Margins of Preference - Base Date under Article I:4 - Decision of 2 March 1971: Decision to grant the waiver to Jamaica was adopted by postal ballot.

SCM/W/48 (11/01/1983) SCM Committee - Negotiating History of Article 18:9 and the Treatment of Reports of Working Parties and Panels under Article XXIII of the General Agreement. Dispute listed under GATT Article XXIII complaints: "Following Panel recommendation, the Contracting Parties granted a waiver to Jamaica on 2 March 1971 changing the base date for calculation of margins of preference to 1 August 1962. At the same time Jamaica undertook to restore all margins of preferences to the 1962 level. No report has been received from Jamaica on subsequent action."