The Panel notes that as outlined by the Appellate Body in the US – Gasoline case, a twotiered test must be presented under Article XX: it must be demonstrated that the measure (i) fallsunder at least one of the ten exceptions listed under Article XX, and (ii) satisfies the requirementsof the preamble. These are cumulative requirements and as confirmed by the Appellate Body inthe US – Shrimp case, this sequence of steps "reflects, not inadvertence or random choice, butrather the fundamental structure and logic of Article XX".41 Moreover, in the US – Gasolinecase, the Appellate Body found that the burden of showing that a measure complies with therequirements of the introductory clause of Article XX falls on the defending party, even after thatparty has established that the measure qualifies under one of the paragraphs of Article XX.427.38 Therefore, Brazil, as the party invoking an exception under Article XX, is required toshow first, that the measure 43 falls within the scope of paragraph (b) of Article XX, and second,that the measure is applied in a manner that is consistent with the chapeau of Article XX.44(a) Is Brazil's import prohibition justified under paragraph (b) of Article XX?
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