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Finally, if there is to be any excess crop, the tobacco companies are obliged to purchase it in proportion to their announced requirements

Instead, the United States argued, the panel should have compared the treatment accorded to the group of imported from all Members to the treatment accorded the group of domestic like products." 64 In addition, the United States complained that the panel considered only the products on the market when the ban went into effect and did not consider products that had been on the market previously