Treatment by Germany of Imports of Sardines

GATT B.I.S.D. 53 (October 31, 1952)

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Treatment by Germany of Imports of Sardines

General Agreement on Tariffs and Trade Panel
GATT B.I.S.D. 53 (October 31, 1952)

JL

Facts

Germany (defendant) and Norway (plaintiff) conducted tariff negotiations at Torquay and reached a trade agreement. The negotiations were based on a German Customs Tariff from 1949 that classified different species of sardines in the same family as separate tariff classification codes. Specifically, the sardines mostly imported from Portugal, Clupea pilchardus, were classified separately from the sardines mostly imported from Norway, Clupea harengus and Clupea sprattus. During the negotiations, Norway attempted to obtain an agreement from Germany that its sardine varieties would be classified the same as the variety from Portugal but did not succeed. However, Germany did assure Norway that equal treatment of those items would continue. After the agreement was executed, Germany imposed a higher import duty on the Norwegian sardine imports than the Portuguese variety. Norway challenged this duty as a violation of the General Agreement on Tariffs and Trade (GATT).

Rule of Law

Issue

Holding and Reasoning ()

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