World trade organization (WTO) appellate body report: United States - tax treatment for 'foreign sales corporations' (recourse to article 21.5 of the DSU by the European communities)

摘要

1. The United States appeals certain issues of law and legal interpretations in the Panel Report, United States Tax Treatment for "Foreign Sales Corporations" - Recourse to Article 21.5. of the DSU by the European Communities (the "Panel Report"). The Panel was established to consider a complaint by the European Communities concerning the consistency of the United States FSC Replacement and Extraterritorial Income Exclusion Act (the "ETI Act") with the Agreement on Subsidies and Countervailing Measures (the "SCM Agreement"), the Agreement on Agriculture, and the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"). The ETI Act is a measure taken by the United States with a view to complying with the recommendations and rulings of the Dispute Settlement Body (the "DSB") in United States - Tax Treatment for "Foreign Sales Corporations" ("US -FSC"). Pertinent aspects of the ETI Act are described in Section II below, as well as in paragraphs 2.1-2.8 of the Panel Report.