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ad Article II
Paragraph 2 (b)
See the note relating to paragraph 1 of Article I.
Except where otherwise specifically agreed between the contracting parties which initially negotiated the concession, the provisions of this paragraph will be applied in the light of the provisions of Article 31 of the Draft Charter referred to in Article XXIX of this Agreement.
ad Article V
With regard to transportation charges, the principle laid down in paragraph 5 refers to like products being transported on the same route under like conditions.
ad Article VI
Hidden dumping by associated houses (that is, a sale by an importer at a price below that corresponding to the price invoiced by an expor ter with whom the importer is associated, and also below the price in the exporting country) constitutes a form of price dumping.
Multiple currency practices can in certain circumstances constitute a subsidy to exports which may be met by countervailing duties under paragraph 2 or can constitute a form of dumping by means of a partial depreciation of a country's currency which may be met by action under paragraph 1 of this Article. By "multiple currency practices" is meant practices by governments or sanctioned by governments.
The obligations set forth in paragraph 7, as in the case of other obligations under this Agreement, are subject to the provisions of Artiole XIX.
ad Article VII
Consideration was given to the desirability of replacing the words "at the earliest practicable da te" by a definite da te or, alternatively, by a provision for a specified limited period to be fixed later. It was appreciated that it would not be possible for all contracting parties to give effect to these principles by a fixed time, but it was nevertheless understood that a majority of the contracting parties would give effect to them at the time the Agreement enters into force.
It would be in conformity with Article VII to presume that Hactual value" may be represented by the invoice price, plus any non-included charges for legitimate costs which are proper elements of "actual value" and plus any abnormal discount or other reduction from the ordinary competitive price.
It would be in conformity with Article VII, paragraph 2 (b), for a contracting party to construe the phrase "in the ordinary course of trade", read in conjunction with "under fully competitive conditions", as excluding any transaction wherein the buyer and seller are not independent of each other and price is not the sole consideration.
The prescribed standard of "fully competitive conditions" permits contracting parties to exclude from consideration distributors' prices which involve special discounts limited to exclusive agents.
The wording of sub-paragraphs (a) and (b) permits a contracting party to assess duty uniformly either (1) on the basis of a particular exporter's prices of the imported merchandise, or (2) on the basis of the general price level of like merchandise.
ad Article VIII
While Article VIII does not cover the use of multiple rates of exchange as such, paragraphs 1 and 4 condemn the use of exchange taxes or fees as a device for implementing multiple currency practices; if, however, a contracting party is using multiple currency exchange fees for balance-of-payments reasons with the approval of the International Monetary Fund, the provisions of paragraph 2 fully safeguard its position since that paragraph merely requires that the fees be elimina ted at the earliest practicable date.
ad Article XI
Paragraph 2 (c)
The term "in any form" in this paragraph covers the same products when in an early stage of processing and still perishable, which compete directly with the fresh product and if freely imported would tend to make the restriction on the fresh product ineffective.
Paragraph 2, last sub-paragraph
The term "special factors includes changes in relative productive efficiency as between domestic and foreign producers, or as between different foreign producers, but not changes artificially brought about by means not permitted under the Agreement.
ad Article XII
Paragraph 3 (b) (1)
The phrase "notwithstanding the provisions of paragraph 2 of
this Article" has been included in the text to make it quite clear that a contracting party's import restrictions otherwise "necessary within the meaning of paragraph 2 (a) shall not be considered unnecessary on the ground that a change in domestic policies as referred to in the text could improve a contracting party's monetary reserve position. The phrase is not intended to suggest that the provisions of paragraph 2 are affected in any other way.
Consideration was given to the special problems that might be created for contracting parties which, as a result of their programmes of full employment, maintenance of high and rising levels of demand and economic development, find themselves faced with a high level of demand for imports, and in consequence maintain quantitative regulation of their foreign trade. It was considered that the present text of Article XII together with the provision for export controls in certain parts of the Agreement, ē.g. in Article XX, fully meet the position of these economies.
ad Article XIII
Paragraph 2 (d)
No mention was made of "commercial considerations" as a rule for the allocation of quotas because it was considered that its application by governmental authorities might not always be practicable. Moreover, in cases where it is practicable, a contracting party could apply these considerations in the process of seeking agreement, consistently with the general rule laid down in the opening sentence of paragraph 2.
See note relating to "special factors" in connection with the last sub-paragraph of paragraph 2 of Article XI.
ad Article XIV
It was not considered necessary to make express reference in paragraph 3 to the need for the CONTRACTING PARTIES to consult with the International Monetary Fund, since such consultation in all appropriate cases was already required by virtue of the provisions of paragraph 2 of Article XV.
Paragraph 6 (b).
Suspension of any measure for a period of fifteen days would be for the purpose of making the consultation effective, and among the special circumstances which would justify such suspension would be the immediate damage caused to producers of perishable commodities ready for shipment or to consumers of essential goods of which the importing country had no stocks.
ad Article XV
The word "frustrate" is intended to indicate, for example, that infringements of the letter of any Article of this Agreement
by exchange action shall not be regarded as a violation of that Article if, in practice, there is no appreciable departure from the intent of the Article. Thus, a contracting party which, as part of its exchange control operated in accordance with the Articles of Agreement of the International Monetary Fund, requires payment to be received for its exports in its own currency or in the currency of one or more members of the International Monetary Fund will not thereby be deemed to contravene Article XI or Article XIII. Another example would be that of a contracting party which specifies on an import licence the country from which the goods may be imported, for the purpose not of introducing any additional element of discrimination in its import licensing system but of enforcing permissible exchange controls.
ad ARTICLE XVII
The operations of Marketing Boards, which are established by contracting parties and are engaged in purchasing or selling, are subject to the provisions of sub-paragraphs (a) and (b).
The activities of Marketing Boards which are established by contracting parties and which do not purchase or sell but lay down regulations covering private trade are governed by the relevant Articles of this Agreement.
The charging by a state enterprise of different prices for 1ts sales of a product in different markets is not precluded by the provisions of this Article, provided that such different prices are charged for commercial reasons, to meet conditions of supply and demand in export markets.
Paragraph 1 (a)
Governmental measures imposed to ensure standards of quality and efficiency in the operation of external trade, or privileges granted for the exploitation of national na tural resources but which do not empower the government to exercise control over the trading activities of the enterprise in question, do not constitute "exclusive or special privileges".
Paragraph 1 (b)
A country receiving a "tied loan" is free to take this loan into account as a "commercial consideration" when purchasing requirements abroad.
The term "goods" is limited to products as understood in commercial practice, and 18 not intended to include the purchase or sale of services.
ad ARTICLE XXIV Paragraph 5
Measures adopted by India and Pakistan in order to carry out definitive trade arrangements between them, once they have been
agreed upon, might depart from partioular provisions of this Agreement, but these measures would in general be consistent with the objectives of the Agreement.
ad ARTICLE XXII
Territories for which the contracting parties have international responsibility do not include areas under military occupation.
The applicability of the General Agreement on Tariffs and Trade to the trade of contracting parties with the areas under military occupation has not been dealt with and is reserved for further study at an early date. Meanwhile, nothing in this Agreement shall be taken to prejudge the issues involved. This, of course, does not affect the applicability of the provisions of Articles XXII and XXIII to matters arising from such trade.