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7.49 Accordingly, it appears to us that, in light of the context of the term “unjustifiable” and the object and purpose of the WTO Agreement, the US measure at issue constitutes unjustifiable discrimination between countries where the same conditions prevail and thus is not within the scope of measures permitted under Article ⅩⅩ. However, before making a definitive finding on this issue, we must consider several arguments put forward by the United States that relate generally to our analysis of Article ⅩⅩ.
