WORLD TRADE  
ORGANIZATION  G/SG/N/8/ARG/5/Suppl.2 
G/SG/N/10/ARG/5/Suppl.2 
G/SG/N/11/ARG/5/Suppl.2 
26 November 2008 
 
 (08-5803) 
Committee on Safeguards Original:   Spanish 
 
 
 
NOTIFICATION UNDER ARTICLE 12. 1(b) OF THE AGREEMENT ON 
SAFEGUARDS ON MAKING A FINDING OF SERIOUS INJURY OR 
THREAT THEREOF CAUSED BY INCREASED IMPORTS 
 
NOTIFICATIONS UNDER ARTICLE 12.1(c) AND ARTICLE 9, 
FOOTNOTE 2, OF THE AGREEMENT ON SAFEGUARDS 
 
ARGENTINA 
 
Compact Discs-Recordable (CD-R ) 
 
Supplement  
   The following communication, dated 23 October 2008, is being circulated at the request of 
the delegation of Argentina. 
 
_______________ 
 
 
 The delegation of Argentina hereby informs that pursuant to Resolution No. 481 of the 
Ministry of the Economy and Production, of 14 Oct ober 2008, published in the Official Journal of 
16 October 2008, it has been decided to appl y the safeguard measure on imports of compact 
discs-recordable (CD-R), implemented under Resolu tion No. 351/07 of the Ministry of the Economy 
and Production, to the People's Republic of China. 
 
 A copy of Resolution No. 481 of the Ministry of the Economy and Production is attached.  G/SG/N/8/ARG/5/Suppl.2 
G/SG/N/10/ARG/5/Suppl.2 G/SG/N/11/ARG/5/Suppl.2 
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  Ministry of the Economy and Production 
 
FOREIGN TRADE 
 
Resolution No. 481/2008 
 
Applying the safeguard measure established by Resolution No. 351/07 on imports of compact 
discs-recordable (CD-R) to the People's Republic of China. 
 
Buenos Aires, 14 October 2008  HAVING REGARD  to File No. S01:0367488/2007 of the Registry of the MINISTRY OF THE 
ECONOMY AND PRODUCTION, and 
 
WHEREAS : 
  By Resolution No. 351 of 29 May 2007 of the MINISTRY OF THE ECONOMY AND PRODUCTION, the safeguard investigation concerni ng imports of compact discs-recordable (CD-R) 
was closed with the establishment of a safeguard measure in the form of minimum specific duties on 
imports of the product in question. 
  In the above-mentioned File, the ARGENTINE CHAMBER OF MANUFACTURERS OF MAGNETIC AND OPTICAL MEDIA (CAFMO) requested that the safeguard measure be extended 
to the PEOPLE'S REPUBLIC OF CHINA. 
 
 The Legal Service for Industry, Trade and Sma ll and Medium-Sized Ente rprises attached to 
the General Directorate of Legal Affairs of the LEGAL UNDER-SECRETARIAT of the LEGAL AND ADMINISTRATIVE SECRETARIAT of the MINISTRY OF THE ECONOMY AND PRODUCTION issued Opinion No. 12.072 of 25 April 2008,  which states as follows:  "Therefore, the 
competent bodies having concluded that the requisite  conditions under Article  9.1 of the Agreement 
on Safeguards relating to the exclusion of developing  countries were not satisfied, the opinion of this 
Legal Service is that it would be appropriate to  apply the measure to the countries concerned." 
  For its part, the Directorate for Unfair Compe tition, attached to the National Directorate for 
the Management of Foreign Trade of th e UNDER-SECRETARIAT FOR TRADE POLICY AND 
MANAGEMENT of the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND 
MEDIUM-SIZED ENTERPRISES of the MINISTRY OF THE ECONOMY AND PRODUCTION, submitted a report relating to Article 9.1 of the Agreement on Safeguards, approved by 
Law No. 24.425.   The report mentioned in the preceding pr eambular paragraph was endorsed by the 
UNDER-SECRETARIAT FOR TRADE POLICY AND MANAGEMENT, attached to the 
SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES.   Resolution No. 763 of 7 June 1996 and Resolution No. 381 of 1 November 1996, both of the former MINISTRY OF THE ECONOMY AND PUBLIC WORKS AND SERVICES, have 
established the contents and procedures for the presen tation of a certificate in the context of the 
monitoring of non-preferential origin for import tr ansactions subject to such a requirement, in 
accordance with the provisions of the Agreement on Ru les of Origin, which forms part of the General 
Agreement on Tariffs and Trade 1994, approved by Law No. 24.425.   G/SG/N/8/ARG/5/Suppl.2 
 G/SG/N/10/ARG/5/Suppl.2  G/SG/N/11/ARG/5/Suppl.2 
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   In accordance with the provisions of the R esolutions cited in the preceding preambular 
paragraph, the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES is the implementing authority for the re gime in question and, as such, decides when 
and how such monitoring is to take place. 
  Accordingly, it may decide to require certifi cates of origin when goods are subject to the 
application of anti-dumping, countervailing or specific duties or safeguard measures in accordance with the provisions of Article 2(b) of Resolu tion No. 763/96 of the former MINISTRY OF THE 
ECONOMY AND PUBLIC WORKS AND SERVICES. 
  In view of what has been stated in th e preceding preambular paragraphs, the General 
Directorate of Customs, attached to the FEDERAL PUBLIC REVENUE ADMINISTRATION, an autonomous body within the MINISTRY OF  THE ECONOMY AND PRODUCTION, must be 
instructed to maintain the requirement concerning certificates of origin. 
  The SECRETARIAT OF ECONOMIC POLICY of the MINISTRY OF THE ECONOMY AND PRODUCTION has taken the appropriate action within its sphere of competence.   The General Directorate of Legal Affairs of the MINISTRY OF THE ECONOMY AND 
PRODUCTION has taken the appropriate acti on within its sphere of competence. 
  This measure is issued under the powers c onferred by the Agreement on Safeguards, 
incorporated into Argentine legislation by Law No. 24.425 and the Ministerial Law (text harmonized by Decree No. 498/92) and amendments thereto. 
 
Therefore,  
THE MINISTER OF THE ECONOMY AND PRODUCTION 
 
DECIDES THE FOLLOWING: 
 
Article 1  – The safeguard measure established by Resolution No. 351 of 29 May 2007 of the 
MINISTRY OF THE ECONOMY AND PRODUCTION concerning exports to ARGENTINA of compact discs-recordable (CD-R) is hereby  applied to the PEOPLE'S REPUBLIC OF CHINA.  
 
Article 2 – The General Directorate of Customs, attached to the FEDERAL PUBLIC REVENUE 
ADMINISTRATION, an autonomous body within the MINISTRY OF THE ECONOMY AND PRODUCTION, is hereby notified that imports for customs clearance of the product described in 
Article 1 of this Resolution are subject to the re gime for the monitoring of non-preferential origin 
under the terms of Article 2(b) of Resolution No. 763 of 7 June 1996 of the former MINISTRY OF 
THE ECONOMY AND PUBLIC WORKS AND SERVICES. 
Article 3  – The requirement mentioned in the preceding Ar ticle shall be consiste nt with the conditions 
and procedures established by Resolutions Nos. 763/96 and 381 of 1 November 1996, both of the 
former MINISTRY OF THE ECONOMY AND PUBLIC WORKS AND SERVICES.  Article 4 – This resolution shall take effect from the day following its publication in the 
Official Journal. 
 Article 5 – The publication of this resolution in the O fficial Journal shall be deemed sufficient 
notification for all purposes. G/SG/N/8/ARG/5/Suppl.2 
G/SG/N/10/ARG/5/Suppl.2 G/SG/N/11/ARG/5/Suppl.2 
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Article 6 – For communication, publication, transmittal to the National Directorate of Official 
Records and archiving. 
 
- Carlos R. Fernández  
__________