Superfund
Superfund: a case launched in the GATT in 1987 by Canada, Mexico and the European Community against the United States. It dealt with a tax to be levied under the United States Superfund Amendments and Reauthorization Act of 1986. The tax had not become effective at the time the dispute was launched. The Act imposed, inter alia, a new tax on certain imported substances produced or manufactured from taxable feedstock chemicals. The tax to be levied on imported substances equalled in principle the tax that would have been payable on chemical components if these chemicals had been sold in the United States for use in the production of the imported substance. A penalty rate could be levied if importers supplied insufficient information regarding the chemical components of the imported substance. The complainants argued that the tax on imported products was higher than the tax on the like domestic product, and that it was therefore a violation of GATT Article III:2 (National Treatment). This says that the "products of the products of the territory of any contracting party imported into the territory of any other contracting party shall not be subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products". The panel considered that the imported and domestic products were like products within the meaning of Article III:2, that there was a difference in the prospective treatment of domestic and imported products, and that the tax on petroleum was therefore inconsistent with United States obligations
Source: http://ctrc.sice.oas.org/trc/WTO/Documents/Dictionary%20of%20trade%20%20policy%20terms.pdf
Web site to visit: http://ctrc.sice.oas.org
Author of the text: W. Goode
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