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Notes -
This I agree would be a non-tariff barrier to the extent that it happens.
Well this I think is silly. On this basis any taxation which is not very broad-based is a non-tariff barrier. If the British raise their alcohol duty on spirits faster than beer is this discriminating against American whisky-makers and French cognac producers in favour of domestic breweries, assuming Britain is more competitive in beer production than spirits?
Taxation which hit imports much harder than domestic products is indeed a non-tariff barrier. For example, if a country which does not have a domestic car industry puts a VAT specifically on cars, it is effectively a tariff.
Or to name another famous European case, if a union of countries that do not have a domestic tech industry demands data to be handled in specific ways or face an absurdly huge fine (or 5% of global revenue, whichever is higher).
The Europeans naturally claim it's about data privacy, but the fact of the matter is that unless you do business everywhere the European way, you face the massive tax. Naturally, European startup companies will have no problem doing things the European way, and as such the GDPR is effectively a tariff.
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