Analysis by the Panel
Introduction
Indonesia claims that the United States has acted inconsistently with Articles 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, and 12.3 of the TBT Agreement. We note that, by their own terms, these provisions apply to “technical regulations”.[10]This means that, if Section 907(a)(1)(A) is not a “technical regulation” within the meaning of the TBT Agreement, these provisions would not apply to that measure. Thus, a threshold issue in our examination of Indonesia's claims under the TBT Agreement is whether Section 907(a)(1)(A) is a “technical regulation”.