World Trade Organization

• Author: International Law Group
• Pages: 136-

Page 136

In March 2005, the U.S. had fi led with the WTO a complaint that the administration of European Community (EC) customs laws by 25 different national agencies (one in each Member State), in combination with the absence of effective coordination procedures, violates the EC's duty to administer its custom laws in a uniform manner. Thus, the EC system allegedly violates GATT Article X:3(a) requiring uniform, impartial and reasonable administration and Article X:3(b) which mandates that customs decisions shall be independent.

The WTO Dispute Settlement Panel (DSP) essentially agreed that the EC system is "opaque" and at times "confusing." In a press release, the U.S. Trade Representative refers to the example of liquid crystal display (LCD) monitors. Some Member States classify them as "computer-related equipment" with a zero duty rate, while other Member States consider them "other" monitors and levy a 14 % duty.

With respect to the U.S. claim of nonuniform administration of the European Common Customs Tariffin the area of tariffclassifi cation in violation of Article X:3(a) of the GATT 1994, the DSP enters the following specifi c fi ndings.

First, the administrative process leading to the tariffclassifi cation of blackout drapery lining amounts to non-uniform administration within the meaning of Article X:3(a) of the GATT 1994. Secondly, the tariffclassifi cation of LCD monitors with digital video interface amounts to nonuniform administration within Article X:3(a) of the GATT 1994.

With respect to the U.S. claims of nonuniform administration of the European Community Customs Code and the Implementing Regulation in the area of customs valuation in violation of Article X:3(a) of the GATT 1994, the DSP concludes as ollows. First, the imposition by customs authorities in some Member States of a form of prior approval with respect to the successive sales provision...