US Appeals WTO Ruling On Clove Cigarette Ban

Law360, New York (January 6, 2012, 1:00 PM EST) -- The U.S. on Thursday appealed a World Trade Organization decision concluding that the country's ban on clove cigarettes violated some international trade rules by favoring mainly domestically produced menthol-flavored cigarettes over cloves imported largely from Indonesia.

In its appeals brief, the U.S. argued that the panel erred both in concluding that clove and menthol cigarettes were like products and in ruling that U.S. laws treated the imports less favorably than similar cigarettes made domestically.

In particular, the panel improperly concluded that it didn't have to consider the "tastes and habits" of current consumers in weighing whether the two items are "like"...

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