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DISPUTE SETTLEMENT: DISPUTE DS375

European Communities and its Member States — Tariff Treatment of Certain Information Technology Products

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Consultations requested — no panel established nor settlement notified

Complaint by the United States.

On 28 May 2008, the United States requested consultations with the European Communities and its member States with respect to their tariff treatment of certain information technology products.

The United States claims that the tariff treatment the European Communities and its member States accord to certain information technology products does not respect their commitments to provide duty-free treatment for these products under the Information Technology Agreement (ITA). According to the United States, the European Communities and its member States now impose duties on these products contrary to their scheduled duty-free tariff concessions arising from the ITA.

The United States asserts that a number of EC customs classification legal instruments, alone or in combination with Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, including all annexes thereto, as amended, appear to be inconsistent with the EC's and its member States' obligations under Article II:1(a) and II:1(b) of the GATT 1994 and their Schedules, and therefore nullify or impair benefits accruing to the United States under the GATT 1994.

The United States is also claiming that the publication of certain amended explanatory notes in the EC Official Journal after their application by its member States is inconsistent with the EC's obligations under Article X:1 and X:2 of the GATT 1994.

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