Article 2.1 of the TBT Agreement and, alternatively, Article Ⅲ:4 of the GATT 1994[5], because it results in treatment that is less favourable to imported clove cigarettes than that accorded to a like domestic product, menthol cigarettes;
Article 2.2 of the TBT Agreement because it is more trade-restrictive than necessary to fulfil a legitimate objective;
Article 2.5 of the TBT Agreement because the United States did not respond to questions from Indonesia seeking an explanation and justification for the ban submitted during bilateral discussions held 27 August 2009 and through the TBT Committee on 20 August 2009 （G/TBT/W/323）;