Technical Barrier dalam GATT/WTO Studi terhadap Larangan Ekspor Rokok Kretek Indonesia ke Amerika

Different treatment in trade of similar goods can lead to injustice, this is of course not in line with the principles agreed upon by WTO member countries, namely free trade and fair competition, but there are several exceptions, one of which is that the WTO still allows its member countries to trade restrictions for several reasons which have been regulated in the Technical Barrier to Trade which can obscure fair competition in international trade. The results of this study show that the provisions of The Family Smoking Prevention and Tobacco Control Act (FSPTCA) of 2009 issued by the US are considered to protect their own country's domestic products and are also considered to have discriminated against the production of kretek cigarettes. This of course violates the principles of Non Discrimination and National Treatment which are agreed upon and are in the GATT and TBT in general. Technical barriers that are allowed through tariff policies that are allowed for a country to carry out protection for reasons of tariffs if considered rational and predictable. In addition to the imposition of tariffs, the use of non-tariff policies such as quotas is also permitted for the reasons stated in Article XX of the GATT regarding general exceptions (geberal exceptions). However, the use of this article should not be done casually but must follow the existing legal basis