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USTR Seeks Comments on WTO Dispute Over the EC's Non-Uniform Administration of Customs Measures, Etc

The Office of the U.S. Trade Representative (USTR) has issued a notice stating that a World Trade Organization (WTO) dispute settlement panel (DSP) has been established at the request of the U.S. regarding:

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the non-uniform administration by the European Communities (EC) of laws, regulations, judicial decisions, and administrative rulings pertaining to the classification and valuation of products for customs purposes, and to requirements, restrictions or prohibitions on imports; and

the failure of the EC to institute judicial, arbitral or administrative tribunals or procedures for the purpose, among other things, of the prompt review and correction of administrative action relating to customs matters.

USTR is seeking written public comments concerning the issues raised in this dispute.

U.S. Alleges EC Member States' Non-Uniform Administration of Customs Measures Is WTO Inconsistent, Etc.

The USTR states that the national customs authorities in each EC member state generally administer a number of 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. The USTR alleges that the resulting lack of uniformity in administration of these EC customs measures is inconsistent with the EC's WTO obligations.

In addition, the USTR alleges that the lack of procedures for prompt review by a tribunal with EC-wide jurisdiction is inconsistent with the EC's WTO obligations.

(See ITT's Online Archives or 10/14/04 news, 04101410, for BP summary on USTR's notice seeking comments for WTO consultations on this dispute.)

- comments should be submitted on or before May 2, 2005.

USTR contact - Theodore Posner (202) 395-3582

USTR notice (D/N WTO/DS315, FR Pub 04/11/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7144.pdf