Recent developments in the information technology today create major challenges with respect to the classification of products according to their ‘objective characteristics and properties’. In this regard, the United States launched World Trade Organization (WTO) dispute settlement proceedings against the European Union (EU) over its import tariff policy on certain hightechnology goods. Moreover, on 11 December 2008, the European Court of Justice (ECJ) also issued a ruling in the Joined Cases C-362/07 and C-363/07 (Kip Europe/Hewlett Packard) concerning the classification of certain multifunctional digital machines. In this article, we assess the potential impact of the ECJ’s judgment for the pending WTO dispute on ITA from a General Agreement on Tariffs and Trade (GATT)/WTO law point of view.
Global Trade and Customs Journal