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87 Specifically, the United States argued that "Article 2.1 does not establish a rigid temporal limitation in relation to the evidence that a panel may consider in performing a less favourable treatment analysis." 88 The Appellate Body agreed with the United States that nothing in Article 2.1 prohibits a panel from taking into account evidence pre-dating the establishment of a panel to the extent that such evidence informs the panel's assessment of the consistency of the measure at [the time the panel was established]

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