I had been trying to do some posts on the Ukraine-Armenia WTO dispute over taxes and duties on cigarettes and alcohol (DS411), because I figured it would not get reported on much in the mainstream media. But perhaps I better stop trying to do this kind of reporting, given my record of accuracy. In my last post, based on a news report on an Armenian web site indicating that the measure had been modified, I said:
The Ukraine had requested a panel, but the dispute didn't even reach the panel establishment stage. Apparently, sometimes a panel request is all you need in order to get compliance.
But now I see a report from the WTO in its summary of yesterday's DSB meeting, noting that the panel request is going ahead:
Ukraine introduced its first-time request for a panel. Ukraine was of the view that Armenia’s measures violated Articles III:1, III:2 and III:4 of GATT 1994 as well as Armenia’s commitment in its accession working party report to apply its domestic taxes in a non-discriminatory manner consistent with the national treatment provisions before or from the date of accession. According to Ukraine, the measures at issue are: the Presumptive Tax which imposes higher tax rates on imported cigarettes than on like domestic products; the collection of import duties on imported cigarettes in excess of duties set forth in Armenia’s Schedule of Concessions; and the imposition of higher excise tax rates on imported alcoholic beverages than on like domestic products. Armenia said that it hoped to intensify bilateral consultations with Ukraine and was thus not in a position to agree to the establishment of a panel. Consequently, the DSB agreed to revert to this matter.
I think the lesson is that I should stick to quoting cases and such, and avoid trying to figure out what is in the minds of governments in relation to their plans for particular cases!
