WORLD TRADE WT/DS77/3
15September 1997
ORGANIZATION(97-3761)
Original: English
ARGENTINA -MEASURES AFFECTING
TEXTILES, CLOTHING AND FOOTWEAR
Request forEstablishment ofaPanel bytheEuropean Communities
Thefollowing communication, dated 10September 1997, from thePermanent Delegation of
theEuropean Commission totheChairman oftheDispute Settlement Body, iscirculated attherequest
ofthatdelegation.
_______________
Myauthorities have asked metosubmit thefollowing request onbehalf oftheEuropean
Communities andtheir Member States forconsideration atthenextmeeting oftheDispute Settlement
Body tobeheld on25September 1997.
On23April 1997 theEuropean Communities (hereafter referred toastheEC) requested
consultations with Argentina pursuant toArticle XXII:1 oftheGeneral Agreement onTariffs andTrade
("GATT 1994"), Article 4oftheUnderstanding onRules andProcedures Governing theSettlement
ofDisputes ("DSU") andArticle 7oftheAgreement onTextiles andClothing (ATC) with regard to
certain measures taken byArgentina concerning thetextiles, clothing andfootwear sectors.
Consultations were heldwith Argentina on12June 1997 inGeneva. These consultations have
allowed abetter understanding oftherespective positions buthave notledtoasatisfactory resolution
ofthematter. TheECtherefore now requests thatapanel beestablished, with thestandard terms
ofreference.
Theprincipal measures towhich theECobjects are:
(a) theimposition ofminimum specific duties ontextiles andclothing products. These were
originally imposed bytheMinistry ofEconomics, Infrastructure andPublic Works with
Resolution No.811/93 of29July1993 andhave been modified onnumerous occasions, most
recently byResolution No.597/97 oftheMinistry ofEconomics, Infrastructure andPublic
Works of14May 1997. These measures
- cause duties tobeimposed inexcess ofArgentina 's35% Uruguay Round binding;
- prevent improved market access forECtextile andclothing products;
- have notbeen notified totheTextiles Monitoring Body.
./.WT/DS77/3
Page 2
(b) theimposition ofminimum specific duties onfootwear products similar tothose thathave been
described above which alsocaused duties tobeimposed inexcess ofArgentina 's35% Uruguay
Round binding. These were originally imposed bytheMinistry ofEconomics, Infrastructure
andPublic Works with Resolution No. 1696/93 of29July 1993, have been modified on
numerous occasions andwere replaced by"provisional safeguard measures", stillintheform
ofminimum specific duties, byResolutions 225/97 and226/97 oftheMinistry ofEconomics,
InfrastructureandPublicWorksbothof14February1997.TheEChopesthatminimumspecific
duties will notbereimposed andthat itwill notbenecessary toinclude them inthese
proceedings.
TheECwillinparticular request thatthepanel consider andfindthat:
(a) themeasures described inpoint (a)above areinbreach ofArgentina 'sconcessions under
Article IIofGATT 1994 andviolate Article 7oftheATC;
(b) themeasures described inpoint (b)above areinbreach ofArgentina 'sconcessions under
Article IIofGATT 1994 ifthey arereimposed.
Theabove summary isdesigned tobriefly describe thelegal basis ofthecomplaint sufficient
topresent theproblem clearly butisnottobetaken asrestricting thearguments which theECmay
develop before thepanel.