USTR Seeks Comment on U.S.' Request for WTO Consultations Regarding Certain EC Customs Matters
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting electronic comments in connection with the U.S.' September 21, 2004 request for World Trade Organization (WTO) consultations concerning certain European Communities (EC) customs practices. The USTR states that comments should be received on or before November 8, 2004 to be assured of timely consideration.
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According to the USTR, the U.S. requested WTO consultations with the EC regarding the following concerns:
EC Members States are not administering customs measures in a uniform manner. In its notice, the USTR raises concerns that certain EC measures pertaining to the classification and valuation of imported goods for customs purposes as well as procedures for the entry and release of goods into the EC are being administered in a disparate manner by EC member states.
In its notice, the USTR cites a number of important customs areas in which this has resulted in a lack uniformity in the administration of customs matters. For example, the USTR cites problems such as: differences in recordkeeping requirements, differences in penalties, differences in procedures for the entry and release of goods, etc.
(The USTR contends that disparate administration from Member State to Member State appears to be inconsistent with the EC's WTO obligations under Article X:3(a) of the General Agreement on Tariffs and Trade (GATT 1994), which requires a WTO member to administer in a uniform, impartial and reasonable manner all its laws, regulations, decisions and rulings of the kind described in GATT Article X:1.)
Appeals of EC Member State's customs decisions must go through national review before being considered by a tribunal with EC-wide jurisdiction. The USTR also expresses concern with the fact that an importer or other interested party seeking to challenge a decision by an EC Member State's national customs authority must bring its appeal to a national administrative tribunal or court. According to the USTR, only after proceeding through administrative and/or judicial review is the interested party able to have the matter considered by the European Court of Justice.
(The USTR believes that EC member states being responsible for appeals from administrative decisions on customs matters constitutes a failure by the EC to meet its WTO obligations under Article X:3(b) of GATT 1994 to maintain or institute judicial, arbitral or administrative tribunals or procedures for the purposes of, among other things, the prompt review and correction of administrative action relating to customs matters.)
-electronic comments must be submitted on or before November 8, 2004 to be assured of timely consideration.
USTR Contact - Theodore Posner (202) 395-3582
USTR Notice (D/N WTO/DS315, FR Pub 10/08/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22739.pdf