. /.   WORLD TRADE  
ORGANIZATION  G/C/W/616 
15 April 2009 
 
 (09-1784) 
Council for Trade in Goods  
  
 
INTRODUCTION OF HARMONI ZED SYSTEM 1996 CHANGES 
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
 
 
Argentina - Schedule LXIV  
 
Draft Waiver Decision 
 
  The General Council,  
 Considering  that the Members of the WTO, by their Decisions of 13 December 1995, 
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999, 4 November 1999, 3 May 2000, 8 December 2000 and 8 May 2001
1 and acting pursuant to the 
provisions of paragraph 3 of Ar ticle IX of the WTO Agreement, suspended application of the 
provisions of Article II of the GATT 1994 until 30 April 2002, for the purpose of enabling the Members listed in the Annex to the said Decisi ons, including Argentina, to implement the 
recommended amendments to the Harmonized System nomenclature; 
  Considering  that, by their Decision of 8 May 2001, th e Members of the WTO also agreed that 
it would be the last time an extension of the HS96 waiver would be granted on a collective basis, but 
that this would not preclude Members from requesting waivers on an individual basis; 
 
 Considering  that, by their Decisions of 13 May 2002, 15 October 2002, 24 July 2003, 
20 October 2004, 27 July 2005, 28 July 2006, 27 July 2007 and 31 July 2008
2 and pursuant to the 
provisions of paragraph 3 of Article IX of the WTO Agreement, the Members of the WTO suspended 
application of the provisions of Article II of the GATT 1994 until 30 April 2009, for the purpose of enabling Argentina to implement the recommend ed amendments to the Harmonized System 
nomenclature; 
  Noting  that Argentina has requested a waiver  for the reasons set out in its request
3; 
  Considering  that Argentina would need more time to  proceed with consultations in the light 
of the reservations expressed by one Member; 
  Acting  pursuant to the provisions of paragra ph 3 of Article IX of the WTO Agreement; 
 
                                                     
 
1 WT/L/124 + Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338 
+ Corr.1, WT/L/351, WT/L/379 and WT/L/400. 
2 WT/L/464, WT/L/485, WT/L/523, WT/L/590, WT/L/618, WT/L/653, WT/L/692 and WT/L/733. 
3 G/L/884. G/C/W/616 
Page 2  
 
   Decides , in view of the exceptional circumstances, to suspend application of the provisions of 
Article II of the GATT 1994 until 30 April 2010, for the purpose of enabling Argentina to implement 
the recommended amendments to the Harmonized Sy stem nomenclature, subject to the following 
conditions:  
 (i) Argentina shall, where necessary, promp tly enter into negotiations and consultations 
with interested Members, pursuant to pa ragraphs 1 to 3 of Article XXVIII of the 
GATT 1994; 
  (ii) the negotiations and cons ultations mentioned above sha ll be completed no later than 
30 April 2010; 
  (iii) pending the entry into force of the re sults of the above-mentioned negotiations or 
consultations held pursuant to Article XXVIII:3, the other Members will be free to suspend concessions initially negotiated with  Argentina to the extent that they 
consider that adequate compensation has not been offered by Argentina. 
 
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