There is, however, a similar category of measures in relation to which it is not
clear whether they are meant to be covered by Article XI or Article III. Imagine a
State measure, addressed in equal manner to domestic and imported producers and
products, which said that one may not market in the State an automobile that did
not have side airbags. The effect of this measure would, of course, exclude from the
marketplace any imported vehicle that did not have side airbags. As such, it could
be argued that it violates Article XI – the market-access Article in the GATT and
hence be illegal. Alternatively, it could be argued that this is not a market-access
measure at all, but an origin-neutral internal regulatory measure that applies
equally to domestic and imported products and, as such, is covered only by the
discipline of Article III.