The measure at issue
The measure at issue is Section 907（a）（1）（A） of the Federal Food, Drug and Cosmetic Act （“FFDCA”）, which was added to the FFDCA by Section 101（b） of the Family Smoking Prevention and Tobacco Control Act （“FSPTCA”）.[3]
PARTIES’ REQUESTS FOR FINDINGS AND RECOMMENDATIONS
In its Panel Request,Indonesia requests the Panel to find that Section 907（a）（1）（A） is inconsistent with[4]:
Article 2.1 of the TBT Agreement and, alternatively, Article Ⅲ:4 of the GATT 1994[5], because it results in treatment that is less favourable to imported clove cigarettes than that accorded to a like domestic product, menthol cigarettes;