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In particular, the United States appreciated that the Appellate Body recognized that Members may make "legitimate regulatory distinctions between like products, even where there is a detriment to the competitive conditions for the group of like imported products compared to the group of like domestic products." 131 However, the United States stated that the Appellate Body's findings and analysis on Article 2.1 are "problematic" because it fails to appreciate that, "from the perspective of public health regulation, there is a clear difference between a product, such as clove cigarettes, that is smoked in the United States experimentally by a small number of young people but relatively few adults, and a product such as menthol cigarettes, that is not only used by youth during initiation but also by tens of millions of addicted adults." 132 Because the Appellate Body recognized that the panel failed to explain why it rejected the U.S

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The analysis identified 68 instances in which the English word shall was replaced in the Chinese version with the character for should. In other places, should was replaced with a Chinese character meaning is desirable or is recommendable. The altered language remains in the Chinese version of the treaty on the website of the United Nations to this day