DISPUTE SETTLEMENT

DS: Armenia — Measures Affecting the Importation and Internal Sale of Cigarettes and Alcoholic Beverages

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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Key facts

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(as cited in request for consultations)
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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Ukraine.

On 20 July 2010, Ukraine requested consultations with Armenia regarding Armenia's measures affecting the importation and internal sale of cigarettes and alcoholic beverages.  Ukraine alleged that Armenia's law “On Presumptive Tax for Tobacco Products” of 24 March 2000 levies discriminatory internal taxes on imported tobacco products and is therefore in violation of Article III of the GATT 1994 and paragraph 1.2 of Armenia's Protocol of Accession to the WTO.  Moreover, the law imposes customs duties on such imported tobacco products at a rate of 24 per cent, which is higher than Armenia's WTO bound rate of 15 per cent.  As to imported alcoholic beverages, Ukraine alleges that Armenia's law “On Excise Tax” of 7 July 2000 applies higher excise taxes on imported alcoholic beverages than on like domestic products.  Ukraine considers that this is also inconsistent with Armenia's obligations under Article III of the GATT 1994.

On 8 September 2010, Ukraine requested the establishment of a panel.  On 6 October 2010, Ukraine requested the establishment of a panel.  At its meeting on 25 October 2010, the DSB deferred the establishment of a panel.

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