Examples of identical goods
Information and examples of identical goods.
E-scooters that are the same make and model but supplied in different colours would be regarded as identical. The colour would be a minor difference in appearance and in all other ways the goods are the same. E-scooters of the same size where one is manufactured by a high-end brand and the other by a budget brand would not be regarded as identical. This is because, although the e-scooters may have the same characteristics, the reputation of the manufacturer is very likely to have an influence on the price of the goods.
Steel sheets of identical chemical composition, finish and size imported for different purposes.
Although the importer is to use some of the sheets for automobile bodies, and others for furnace liners, the goods are nevertheless identical.
Wallpaper imported by interior decorators and by wholesale distributors.
Wallpaper which is identical in all respects remains identical for the purposes of Article 2 of the agreement even if it is imported at different prices by interior decorators on the one hand and by wholesale distributors on the other.
Although differences in price might indicate differences in quality or reputation which are factors to be taken into account in considering whether goods are identical or similar, price itself is not such a factor. Adjustment for commercial level or quantity may of course be necessary in applying Article 2.
Garden insecticide sprayers which are unassembled, and goods of identical design already assembled.
The sprayer consists of two dismountable parts:
- a pump and nozzle affixed to a lid
- a container for the insecticide
In order to use the sprayer it is disassembled, the container is filled with insecticide, and the lid is screwed on; the sprayer is then ready for use. The sprayers being compared are identical in all respects including physical characteristics, quality and reputation, except that in one case they are assembled and in the other unassembled.
An assembly operation will normally preclude treating assembled and unassembled goods as identical or similar, but when, as in this case, the goods are designed to be assembled and disassembled in the ordinary course of their use, the nature of the assembly operation would not preclude them from being considered identical.