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Article %. Assignment of Functions to Economic and Social Cor
In accordance with the Charter of the United Nations, the Econ and Social Council will be responsible for furthering the objec of. Chapter III and supervising the fulfillment of the obligat assumed under Article 6.
CHAPTER IV. GENERAL COMMERCIAL POLICY
SECTION A. GENERAL COMMERCIAL PROVISIONS
Article 8. General Most-Favored-Nation Treatment
1. With respect to customs duties and charges of any kind imi on or in connection with importation or exportation or impose the international transfer of payments for imports or exports, with respect to the method of levying such duties and charges with respect to all rules and formalities in connection with imp tion or exportation, and with respect to all matters relating t ternal taxation or regulation referred to in Article 9, any advar favor, privilege or immunity granted by any Member country to product originating in or destined for any other country, sha accorded immediately and unconditionally to the like product nating in or destined for all other Member countries. The prin underlying this paragraph shall also extend to the awardin Members of governmental contracts for public works, in respe which each Member shall accord fair and equitable treatment commerce of the other Members.
2. The provisions of paragraph 1 of this Article shall not be strued to require the elimination of any preference in the rate dinary import customs duty which does not exceed the prefere force in any Member country on July 1, 1939 and which falls the descriptions set forth in (a) or (b), below, but such prefe shall in no event be increased above their level on July 1, 194 shall be subject to processes of elimination pursuant to the prov of Article 18:
Preferences in force exclusively between territories in r of which there existed on July 1, 1939 common sovereignty or rel of protection or suzerainty. Each Member to which this pro applies shall provide a list of such territories in respect of which ences were in force on that date, which lists shall be incorporated annex to this Charter.
b. Preferences in force exclusively between the United Sta America and the Republic of Cuba.
Article 9. National Treatment on Internal Taxation and Regulation
1. The products of any Member country imported into any other Tember country shall be exempt from internal taxes and other internal harges higher than those imposed on like products of national origin, nd shall be accorded treatment no less favorable than that accorded ike products of national origin in respect of all internal laws, reguations or requirements affecting their sale, transportation or distribuion or affecting their mixing, processing, exhibition or other use, inluding laws and regulations governing the procurement by governnental agencies of supplies for public use other than by or for the nilitary establishment. The provisions of this paragraph shall be nderstood to preclude the application of internal requirements retricting the amount or proportion of an imported product permitted o be mixed, processed, exhibited or used.
2. The Members recognize that the imposition of internal taxes on ne products of other Member countries, for the purpose of affording rotection to the domestic production of competitive products, would e contrary to the spirit of this Article, and they agree to take such neasures as may be open to them to prevent in the future the adoption f new or higher taxes of this kind within their territories.
Article 10. Freedom of Transit
1. There shall be freedom of transit through the Member countries ia the routes most convenient for international transit for traffic in ansit to or from other Member countries. 2. Any Member may require that traffic in transit through its tertory be entered at the proper customhouse, but, except in cases of failre to comply with applicable customs laws and regulations, such traffic ming from or going to other Member countries shall be exempt from ne payment of any transit duty, customs duty, or similar charge, and all not be subject to any unnecessary delays or restrictions. 3. All charges and regulations imposed by Members on traffic in ansit to or from other Member countries shall be reasonable, having gard to the conditions of the traffic. 4. With respect to all charges, rules, and formalities in connection ith transit, each Member shall accord to traffic in transit to or from y other Member country treatment no less favorable than the treatent accorded to traffic in transit to or from any other country. 5. Each Member shall accord to products which have been in transit rough any other Member country treatment no less favorable than at which would have been accorded to such products had they been ansported from their origin to their destination without going rough such other Member country.
6. Persons, baggage and goods, and also vessels, coaching goods stock, and other means of transport, shall be deemed to be transit across the territory of a Member when the passage a such territory, with or without transshipment, warehousing, brea bulk, or change in the mode of transport, is only a portion of a plete journey, beginning and terminating beyond the frontier of Member across whose territory the transit takes place. Traft this nature is termed in this Article “traffic in transit."
Article 11. Antidumping and Countervailing Duties 1. No antidumping duty shall be imposed on any product of Member country imported into any other Member country in exce an amount equal to the margin of dumping under which such pro is being imported. For the purposes of this Article, the marg dumping shall be understood to mean the amount by which the of a product exported from one country to another is less than (a comparable price charged for the like or similar product to b in the domestic market of the exporting country, or, (b) in the ab of such domestic price, the highest comparable price at which th or similar product is sold for export to any third country, or, ( the absence of (a) and (b), the cost of production of the produ the country of origin; with due allowance in each case for differ in conditions and terms of sale, for differences in taxation, an other differences affecting price comparability.
2. No countervailing duty shall be imposed on any producto Member country imported into any other Member country in of an amount equal to the estimated bounty or subsidy ascertair have been granted, directly or indirectly, on the production or e of such product in the country of origin or exportation.
3. No product of any Member country imported into any Member country shall be subject to antidumping or counterv duty by reason of the exemption of such product from duties or imposed in the country of origin or exportation upon the like pr when consumed domestically.
4. No product of any Member country imported into any Member country shall be subject to both antidumping and co vailing duty to compensate for the same situation of dumping port subsidization.
5. Each Member undertakes that as a general rule it will not i any antidumping duty or countervailing duty on the importat any product of other Member countries unless it determines th dumping or subsidization, as the case may be, under which such pi
imported, is such as to injure or threaten to injure a domestic dustry, or is such as to prevent the establishment of a domestic dustry.
Article 12. Tariff Valuation 1. Members undertake to work toward the standardization, in so ir as practicable, of definitions of value and of procedures for dermining the value of products subject to customs duties or other strictions based upon or regulated in any manner by value. With a ew to furthering such cooperation, the Organization is authorized to vestigate and recommend to Members such bases and methods for etermining the value of products as would appear to be best suited the needs of commerce and most capable of widespread adoption. 2. The Members recognize the validity of the following general rinciples of tariff valuation, and they undertake to give effect to ich principles, in respect of all products subject to duty based upon - regulated by value, at the earliest practicable date:
a. The value for duty purposes of imported products should be used on the actual value of the kind of imported merchandise on which uty is assessed, or the nearest ascertainable equivalent of such value, nd should not be based on the value of products of national origin con arbitrary or fictitious valuations. 6. The value for duty purposes of any imported product should not clude the amount of any internal tax, applicable within the country
origin or export, from which the imported product has been made Kempt.
c. In converting the value of any imported product from one cur ncy to another, for the purpose of assessing duty, the rate of exchange be used should be fixed in accordance with prescribed standards reflect effectively the current value of each currency in commercial ansactions, and until the elimination of dual or multiple rates of change either one or more than one rate for each dual- or multipleute currency may be so fixed. d. The bases and methods for determining the value of products bject to duties regulated by value should be stable and should be ublished in full detail, in order that traders may be enabled to timate, with a reasonable degree of certainty, the amount of duty kely to be imposed.
Article 13. Customs Formalities
1. The Members recognize the principle that subsidiary fees and harges imposed on or in connection with importation or exportation
should be limited in amount to the approximate cost of services dered and should not represent an indirect protection to dome products or a taxation of imports or exports for fiscal purposes. I also recognize the need for reducing the number and diversity of : subsidiary fees and charges, for minimizing the incidence and plexity of import and export formalities, and for decreasing simplifying import and export documentation requirements.
2. Members undertake to review their customs laws and regulat with a view to giving effect to the principles and objectives of r graph 1 of this Article at the earliest practicable date and shall re to the Organization from time to time on the progress made. Organization is authorized to request such reports of Members to assist and cooperate with them in carrying out the provision this paragraph.
3. Greater than nominal penalties shall not be imposed by Member in connection with the importation of any product of other Member country because of errors in documentation whic obviously clerical in origin or with regard to which good faiti be established. Moreover, Members shall remit any penalty im on or in connection with the importation of any product of any Member country if it is officially found that the penalty has imposed because of actions which resulted from errors or advi responsible customs officials.
4.' The provisions of this Article shall extend to fees, charges malities and requirements relating to all customs matters, incl
a. Consular transactions;
h. Quarantine, sanitation and fumigation (plant, animal human).
Article 14. Marks of Origin 1. The Members agree that in adopting and implementing law regulations relating to marks of origin, the difficulties and inco iences which such measures may cause to the commerce and ini of exporting countries should be reduced to a minimum.
2. Each Member shall accord to the products of each other M country treatment with regard to marking requirements no less able than the treatment accorded like products of any third co