Noting that the two Articles share the same core terms"like products" and "treatment no less favourable"and the same scope of application, the Appellate Body determined that "in interpreting Article 2.1 of the TBT Agreement, a panel should focus on the text of Article 2.1, read in the context of the TBT Agreement, including its preamble, and also consider other contextual elements, such as Article III:4 of the GATT 1994." 39 Therefore, the Appellate Body recognized the similarity of Article 2.1 of the TBT Agreement and Article III:4 of the GATT 1994 for their core terms ("like products" and "less favourable treatment"), as well as their similarity in providing room for Members to regulate for domestic purposes
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