The recent report of the Panel in the so-called Information Technology Agreement (ITA) case raises interesting interpretative issues with regard to the relationship between Article II of the GATT 1994 and tariff classification laws. Instead of creating predictability in the development of WTO case law, it creates more legal issues than it resolves. Of course while such delicate and borderline interpretative issues make lawyers very happy, perhaps policy makers and traders should be less happy. The fact that Article II GATT claims related to the schedules of concessions mix up WTO law with tariff classification laws renders such kinds of disputes extremely complex. The ITA Panel tried to find a simple solution to such difficulties, but it is argued that, by doing so, it nullified treaty language.
Global Trade and Customs Journal