NATIONAL TREATMENT PRINICIPLE BY SONAM NARAYAN

Article III of the GATT tries to achieve the principle of the MFN treatment. Article III of the GATT says that The contracting parties recognize that internal taxes and other internal charges, and laws, regulations, and requirements affecting the internal sale, offering for sale, purchase, transportation, distribution or use of products, and internal quantitative regulations requiring the mixture processing or use of products in specified amounts or proportions, should not be applied to imported or domestic products so as to afford protection to domestic production. 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. Moreover, no contracting party shall otherwise apply internal taxes or other internal charges to imported or domestic products in a manner contrary to the principles set forth in paragraph 1.https://www.lakshmisri.com/insights/articles/national-treatment-principle-analysis-of-gatt-article-iii/#

Section 337 of the Tariff Act of 1930 law targets “unfair practices” by importers, through excluding imports by those importers from US imports, when US industry would have an injury from those imports. The US International Trade Commission (ITC) establishes a 20 “target date” for final determination in each investigation within 45 days of the initiation of an investigation depending on how this law is administered, it could result in discriminatory treatment against imports.https://www.meti.go.jp/english/report/downloadfiles/gCT0002e.pdf

National Treatment covers the 4 agreements -GATT’), the General Agreement on Trade in Services (‘GATS’), the Agreement on the Application of Sanitary and Phytosanitary Measures (‘SPS Agreement’) and the Agreement on Technical Barriers to Trade (‘TBT Agreement’).https://www.elgaronline.com/view/9781785368103/09_chapter3.xhtml

GATT Article III:8(a) permits governments to purchase domestic products preferentially, making government procurement one exception to the national treatment rule. This exception is permitted because WTO Members recognize the role of government procurement in national policy. For example, there may be security needs to develop and purchase products domestically, or government procurement may, as is often the case, be used as a policy tool to promote smaller businesses, local industries, or advanced technologies. https://www.meti.go.jp/english/report/downloadfiles/gCT0213e.pdf

Basically, national treatment refers to the principle of giving others the same treatment as one’s own nationals. GATT Article 3 requires that imports be treated no less favorably than the same or similar domestically-produced goods once they have passed customs. GATS Article 17 and TRIPS Article 3 also deal with national treatment for services and intellectual property protection. https://www.wto.org/english/thewto_e/glossary_e/national_treatment_e.htm

Article 3 of the TRIPS says that Each Member shall accord to the nationals of other Members treatment no less favorable than that it accords to its own nationals with regard to the protection of intellectual property, subject to the exceptions already provided in, respectively, the Paris Convention (1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits. In respect of performers, producers of phonograms, and broadcasting organizations, this obligation only applies in respect of the rights provided under this Agreement. Any Member availing itself of the possibilities provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS. https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm

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