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World Trade Organization: Report of the Panel in United States - Standards for Reformulated and Conventional Gasoline *

Published online by Cambridge University Press:  18 May 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 35 , Issue 2 , March 1996 , pp. 274 - 300
Copyright
Copyright © American Society of International Law 1996

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Footnotes

*

[Reproduced from World Trade Organization Document Number WT/DS2/R, dated January 29,1996, provided by the Office of the United States Trade Representative. This is the first ruling by a dispute settlement panel at the World Trade Organization. The United States notified the WTO Dispute Settlement Body of its decision to appeal on February 21, 1996.

[The Introductory Note for the Final Act Embodying the Results of the Uruguay Round of Trade Negotiations, by Amelia Porges, appears at 33 I.L.M. 1125 (1994) and includes a discussion of WTO dispute settlement procedures; the Understanding on Rules and Procedures Governing the Settlement of Disputes, April 15, 1994, appears at 33 I.L.M. 1226 (1994); and the WTO Working Procedures for Appellate Review, February 15, 1996, appear at 35 I.L.M. 495 (1996).]

References

1 42 U.S.C. §7545(k).

2 40 CFR 80. 59-Fed. Reg. 7716 (16 February 1994).

3 40 CFR 80.91(b)(ii).

4 40 CFR 80.41.

5 42 U.S.C. § 7545 (CAA 211(k)(8)).

6 40 CFR 80 (59 Fed. Reg. 22800. 3 May 1994).

7 “European Economic Community - Imports of Beef From Canada”, BISD 28S/92 (adopted on 10 March 1981), paragraph 4.2(a)

8 Blendstock is unfinished gasoline which has to be blended in older to be sold as finished gasoline.

9 “United States - Section 337 of the Tariff Act of 1930”, BISD 36S/345 (adopted on 7 November 1989).

10 “United Sates - Measures Affecting Alcoholic and Malt Beverages”, BISD 39S/206 (adopted on 19 June 1992), and “Canada - Import, Distribution and Sale of Certain Alcoholic Beverages, BISD 39S/27 (adopted on 18 February 1992).

11 “United States - Section 337 of the Tariff Act of 1930”, BISD 36S/345. (adopted on 7 November 1989)

12 “EEC Payments and Subsidies Paid to Processors and Producers of Oilseeds and Related Animal-Feed Proteins”,BISD 37S/86 (adopted on 25 January 1990).

13 “Canada - Administration of me Foreign Investment Review Act”. BISD 30S/140 (adopted on 7 February 1984) and United States - Measures Affecting Alcoholic and Malt Beverages” BISD 39S/206 (adopted on 19 June 1992).

14 BISD 36S/345 § 5.32. adopted 7 November 1989.

15 “EEC - Regulation on Imports of Parts and Components”, BISD 37S/132, para. 5.17-3.18 (adopted on 16 May 1990).

16 “United States . Restrictions on Imports of Tuna”, DS29/R, 16 June 1994 (unadopted), “Canada - Administration of the Foreign investment Review Act”, BIDS 30S//140, para. 5.20 (adopted on 7 February 1984), “United States - Section 337 of the Tariff Act of 1930”, BISD 36S/345 (adopted on 7 November 1989).

17 “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”. BISD 35S/98, para. 4.6 (adopted on 22 March 1988).

18 “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”. BISD 35S/98 (adopted on 22 March 1988) and United States - Prohibition of Imports of Tuna and Tuna Products from Canada. BISD 29S/91 (adopted on 22 February 1982).

19 “United Sales - Imports of Certain Automotive Spring Assemblies”, BISD 30S/107, para. 55 (adopted on 26 May 1983) and “United States - Prohibition on Imports of Tnna and Tuna Products from Canada”, B1SD 29S/91, para. 4.8 (adopted on 22 February 1982).

20 “United States - Section 337 of the Tariff Act of 1930”. BISD 36S/345. adopted on 7 November 1989 and “Thailand Restrictions on Importation of and Internal Taxes on Cigarettes”. BISD 37/200. adopted 7 November 1990.

21 “United Sates - Section 337 of the Tariff Act of 1930”. BISD 36S/345 (adopted on 7 November 1989).

22 “EEC - Payments and Subsidies Paid to Processors and Producers of Oilseeds and Related Animal Feed Proteins”. BISD 37S/86 (adopted on 23 January 1990).

23 “United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products from France, Germany and the United Kingdom”. SCM/185, IS November 1994 (not adopted).

24 “United Slates - Restrictions on imports of Tuna”. DS21/R, 3 September 1991, para. 5.22 (not adopted).

25 Vienna Convention on the Law of Treaties. Art. 31.

26 L/3464 adopted on 2 December 1970. BISD 18S/97. 102, para. 18.

27 “Japan - Customs Duties. Taxes and Labelling Practices on Imported Wines and Alcoholic Beverages”, BISD 34S/83. 115, para. 5.6 (adopted on 10 November 1987).

28 “United States . Section 337 of die Tariff Act of 1930”. BISD 36S/386, para 3.11 (adopted on 7 November 1989).

29 “United States - Measures Affecting Alcoholic and Matt Beverages”. BISD 39S/206. para. 5.19 (adopted on 19 June 1992).

30 United Sates - Section 337 of the Tariff Act of 1930'. BISD 36S/345. Para, 5.14 (adopted on 7 November 1989).

31 “United Sates - Measures Affecting Alcoholic and Malt Beverages”. BISD 39S/206, 270, para. 5.2 (adopted on 19 June 1992).

32 “EEC - Measures on Animal Feed Proteins', L/4599, BISD 25S/49 (adopted on 14 March 1978). See also the Report of the Panel on “United Sates - Prohibitions of Imports of Tuna and Tuna Products from Canada”, BISD 29S/91, 106, para, 4.3 (adopted on 22 February 1982).

33 “EEC - Restrictions on Imports of Apples from Chile”. BISD 27S/98, (adopted on 10 November 1980)

34 United States - Section 337 of the Tariff Act of 1930\ BISD 36S/345, para. 5.26 (adopted on 7 November 1989).

35 “Thailand - Restrictions on Importation of and Internal Taxes on Cigarettes”. BISD 37S/200, para. 73 (adopted on 7 November 1990).

36 United Slates - Section 337 of the Tariff Act of 1930”. BISD 36S/345, para. 5.32 (adopted on 7 November 1989).

37 “United States - Section 337 of die Tariff Act of 1930”. BISD 36S/345, para, 5.11 (adopted on 7 November 1989).

38 “European Economic Community - Regulation on Imports of Parts and Components', BISD 37S/I32, para. 5.12 - 5.18 (adopted on 16 May 1990).

39 “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”. BISD 35S/98, para 4.4 (adopted on 22 March 1988). See also the same conclusion with respect to dolphins in the Report of the Panel on “United Slates - Restrictions on Imports of Tuna”, circulated on 16 June 1994. DS29/R, para 5.13. not adopted.

40 “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon'. BISD 35S/98, para 4.6 (adopted on 22 March 1988).

41 ibidem.