WORLD TRADE
ORGANIZATIONG/SG/N/6/ARG/4/Suppl.2
G/SG/N/7/ARG/2/Suppl.2
29 January 2001
(01-0465)
Committee on Safeguards Original:  Spanish
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION
AND THE REASONS FOR IT
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD
MEASURE REFERRED TO IN ARTICLE 6
ARGENTINA
Supplement
The following communication, dated 23 January 2001, has been received from the Permanent
Mission of Argentina.
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Further to the notification submitted under Articles 12.1(a) and 12.4 of the Agreement on
Safeguards, please find attached a copy of Reso lution No. 39/2001 of the Ministry of the Economy
declaring the initiation of a safeguards investigation for imports of peaches, preserved in water
containing added sweetening matter, includi ng syrup, under MERCOSUR tariff headings 2008.70.10
and 2008.70.90, and establishing a provisional safeguard measure.G/SG/N/6/A RG/4/Suppl.2
G/SG/N/7/A RG/2/Suppl.2
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Resolution No. 39/2001
It has been decided to initiate a safeguards investigation concerning peaches preserved in
water containing added sweetening matter, including syrup, cleared through customs under tariffheadings of the MERCOSUR Common Nomenclature.  Provisional Minimum Specific  Duties are set
for those products.
Buenos Aires, 12 January 2001
HAVING REGARD TO File No. 061-015235/2000 of the Registry of the Ministry of the Economy,
and
WHEREAS:
By means of the above-mentioned File the CAMARA DE LA FRUTA INDUSTRIALIZADA
DE MENDOZA (Chamber of Industrial Fruit Production of Mendoza) requested the initiation of aninvestigation for the application of a safeguard measure concerning imports of peaches in water
containing added sweetening matter, including syrup, preserved in any other form or in water, cleared
through customs under MERCOSUR tariff headings 2008.70.10 and 2008.70.90.
The National Foreign Trade Commission, a decentralized body under the Secretariat for
Industry and Trade of the Ministry of the Economy, decided by majority in Directive No. 711 of
2 January 2001 that " … the application contains sufficient evidence of the threat of serious injury to
the domestic injury caused by imports, thereby meetin g the conditions laid down by the regulations in
force to implement possible safeguard measures …".
It also concluded from the analysis of all aspects of imports that " … recent trends in imports
meet the conditions required by the Agreement on Safeguards for initiating an investigation with a
view to the imposition of a safeguard measure …".
They were also of the opinion that "… the adjustment plan submitted is reasonable and can be
accepted".
It considered that "… the current situation [therefore] constitutes critical circumstances
pursuant to Article 6 of the Agreement on Safeguards".
The Under-Secretariat for Industry and Trade at tached to the Secretariat for Industry and
Trade of the Ministry of the Economy, expressed a technical opinion, dated 5 January 2001, within itssphere of competence.
The implementing authority found that there is a causal relationship between the increase in
imports and the threat of serious injury to the domestic industry and that the proposed adjustment plan
is viable.
It has been ascertained that the critical circumstances exist as required under Article 35 of
Decree No. 1059 of 19 September 1996 and, having an alysed the technical report of the National
Foreign Trade Commission, the Under-Secretariat for Industry and Trade has concluded that
sufficient reasons exist in terms of timing, mer it and advisability to justify the opening of an
investigation and to adopt a provisional safeguard measure.
In order to avoid the injury mentioned above and until the relevant investigation is decided
upon, it would be advisable to set a provisional safeguard measure in the form of Provisional
Minimum Specific Duties as outlined in Article 2 of this Resolution.G/SG/N/6/A RG/4/Suppl.2
G/SG/N/7/A RG/2/Suppl.2
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The Resolution of the former Ministry of the Economy and Public Works and Services
No. 763 of 7 June 1996 implemented the regime concerning the requirement of certificates of origin
in certain circumstances.
By virtue of the above-mentioned Resolution, the Secretariat for Industry and Trade of the
Ministry of the Economy is the implementing authority for the regime in question.
In accordance with the provisions of Article 2(b) of that Resolution, the Implementing
Authority is authorized to order the production of certificates of origin when the merchandise is
subject to the application of anti-dumping or compensatory or specific duties or safeguard measures.
As follows from paragraph 3 of Annex II of Resolution of the former Ministry of the
Economy and Public Works and Services No. 381 of 1 November 1996, explaining the regulations
mentioned above, the Secretary for Industry and Trade may demand the relevant certificates when an
investigation aimed at the possible establishment of safeguard measures has been initiated.
By virtue of the immediately preceding paragraph it is necessary to instruct the General
Directorate of Customs, which is responsible to the Federal Public Revenue Administration of the
Ministry of the Economy, to proceed to require the certificates in question sixty (60) days after the
entry into force of this Resolution.
The Argentine Republic, by Law No. 23.981 of 15 August 1981, ratified the Treaty of
Asuncion making it a State party to the Southern Common Market (MERCOSUR) and also, by Law
No. 24.560 of 20 September 1995, ratified the Protocol of Ouro Preto.
The Decision of the MERCOSUR Council No. 17 of 17 December 1996 approved the
Regulation concerning the Application of Safeguard Measures to imports from non-members of
MERCOSUR.
Consequently, under the Regulation referred to in the immediately preceding paragraph, the
application of safeguard measures to imports originating from the States parties is excluded.
The General Directorate of Legal Affairs of the Ministry of the Economy has taken the
appropriate action within its sphere of competence.
This Resolution is issued under the powers conferred by the Agreement on Safeguards
incorporated in our legal system by Law N o. 24.425 and Decree No. 1059 of 19 September 1996.
THEREFORE,
THE MINISTER OF THE ECONOMY
RESOLVES:
Article 1 – To open a safeguards investigation concerning exports to the Argentine Republic of
peaches preserved in water containing added sweetening matter, including syrup, preserved in any
other form or in water, under the tariff headings of the MERCOSUR Common Nomenclature
2008.70.10 and 2008.70.90.
Article 2 – To set  a provisional safeguard measure in the form of Provisional Minimum Specific
Duties, for the product and tariff headings stated in Article 1 of this Resolution, of 50 cents per
kilogram net (US$ 0.5 per kg. net).G/SG/N/6/A RG/4/Suppl.2
G/SG/N/7/A RG/2/Suppl.2
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Article 3 – The Provisional Minimum Specific Duties specified in Article 2 of this Resolution shall
not apply to imports originating in and coming from the MERCOSUR States parties, which
nevertheless shall remain subject to the MERCOSUR rules of origin.
Article 4 – The provisional safeguard measure decided in Article 2 of the Resolution shall be in force
for two hundred (200) days from the date of entry into force of this Resolution.
Article 5  – To instruct the General Directorate of Customs, which is responsible to the Federal Public
Revenue Administration of the Ministry of the Economy, to proceed to require certificates of origin
for all imports cleared through customs of the products described in Article 1 of this Resolutionsixty (60) days after the date of entry into force of this Resolution, for verification purposes.
Article 6 – The hearing provided for in Article 13(e) of Decree No. 1059 of 19 September 1996 shall
be held sixty (60) calendar days from the day following publication of this Resolution in the
"Boletín Oficial" (Official Journal).
Article 7 – This Resolution shall take effect from the day following its publication in the
Official Journal.
Article 8 – The publication of this Resolution shall be deemed sufficient notification for all purposes.
Article 9 – For communication, publication, transmittal to the National Directorate of the Official
Registry and archiving – José L. Machinea.
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