WORLD TRADE  
ORGANIZATION  G/SG/N/8/ARG/5/Suppl.1 
G/SG/N/10/ARG/5/Suppl.1 
G/SG/N/11/ARG/5/Suppl.1 
28 June 2007 
 
 (07-2752) 
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-Rs ) 
 
Supplement  
   The following communication, dated 1 June 2007, has been received from the Permanent 
Mission of Argentina. 
 
_______________ 
 
  Pursuant to Article 12.1(c) of the Agre ement on Safeguards, the Permanent Mission of 
Argentina submits herewith a copy of Ministry  of Economy and Production Resolution No. 351/07 of 
29 May 2007, published in the Official Journal of 30 May 2007, on the closure of the safeguard investigation concerning imports of compact discs-recordable (CD-Rs).   Furthermore, a safeguard measure, consisting of the application of a minimum specific import 
duty ( Derecho de Importación Específico Mínimo , DIEM) for a period of three years, was imposed. 
  G/SG/N/8/ARG/5/Suppl.1 
G/SG/N/10/ARG/5/Suppl.1 G/SG/N/11/ARG/5/Suppl.1 
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  Ministry of Economy and Production 
 FOREIGN TRADE  
 
Resolution No. 351 / 2007  Providing for the closure of the safeguard in vestigation concerning imports of compact discs-
recordable, initiated under Resolution No. 158/20 06 of the Secretariat of Industry, Trade and 
Small and Medium-Sized Enterprises.  
 
Buenos Aires, 29 May 2007 
 HAVING REGARD to File No. S01:0446557/2005 of the Registry of the MINISTRY OF 
ECONOMY AND PRODUCTION, and  
 WHEREAS:   In the above-mentioned File, the ARGENTINE CHAMBER OF MANUFACTURERS OF MAGNETIC AND OPTICAL MEDIA (CAFMO) requested the initiation of an investigation with a 
view to the application of a safeguard meas ure on exports to ARGENTINA of compact discs-
recordable (CD-Rs) falling under tariff subheading 8523.90.10 of the MERCOSUR Common Nomenclature.   Pursuant to Resolution No. 158 of 6 J une 2006 of the SECRETARIAT OF INDUSTRY, 
TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES of the MINISTRY OF ECONOMY 
AND PRODUCTION, it was decided to open a safe guard investigation concerning exports to 
ARGENTINA of compact discs-recordable (CD-Rs).   Following the opening of the investigation, on 8 August 2006, in conformity with the 
provisions of Article 3 of the Agreement on Safeguards, approved by Law No. 24.425 and 
Article 13(e) of Decree No. 1059 of 19 Se ptember 1996 establishing regulations for the 
implementation of Law No. 24.425, a public hearing was held so that the parties involved in the 
investigation could set forth their arguments.   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 ECONOMY AND PRODUCTION, submitted the Final report on the safeguard investigation concerni ng imports of compact discs-recordable (CD-Rs). 
  The report mentioned in the preceding prea mbular 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.   The NATIONAL FOREIGN TRADE COMMISSION, a decentralized body under the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES 
of the MINISTRY OF ECONOMY AND PRODUCTION, expressed an opinion within its sphere of 
competence in Directive No. 1204 of 2 February 2007, concluding that "... there was sufficient evidence that, as a result of unforeseeable developments  and because of the obligations contracted by 
Argentina, imports of 'compact discs-recordable (C D-Rs)' have increased in such quantities and under  G/SG/N/8/ARG/5/Suppl.1 
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  such conditions as to cause serious injury to the domestic industry that produces like or directly 
competitive products in Argentina".  
 The applicant has submitted a r eadjustment plan and has undertak en to apply it and to fulfil 
the objectives contained therein, subject to the oversight of the implementing authority.   The SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED ENTERPRISES of this Ministry, acting within its field of competence, supported the adoption of a 
safeguard measure.  
 
 Having ascertained that there h as been an increase in imports  under such conditions as to 
cause serious injury to the domestic industry, in conformity with Article 18 of Decree No. 1059/96, 
and after analysis of the technical reports provide d for in Article 15 of the above-mentioned regulation 
by the SECRETARIAT OF INDUSTRY, TRADE AND SMALL AND MEDIUM-SIZED 
ENTERPRISES, it has been concluded that the legal conditions and other reasons in terms of timing, 
merit and advisability exist to justify th e application of a safeguard measure. 
  In conformity with the provisions of Artic le 5.1 of the Agreement on Safeguards, the 
proposed measure remedies the serious injury and f acilitates adjustment of the branch of domestic 
production affected. 
  Accordingly, in order to ensure its effectiv e implementation, the measure will take the form 
of minimum specific duties for the tariff h eading of the MERCOSUR Common Nomenclature 
corresponding to the product under investigation, as speci fied in the Annex, which is an integral part 
of this Resolution. 
  The Committee on Safeguards has been duly notif ied in accordance with Article 12.1 and the 
footnote to Article 9.1 of the Agreement on Safeguards.   Article 9.1 of the Agreement on Safeguards, as approved by Law No. 24.425, stipulates that 
safeguard measures shall not be applied against im ports originating in developing country Members 
of the WORLD TRADE ORGANIZATION with an im port share of less than THREE PER CENT 
(3%) individually and of less than NINE PER CENT (9%) collectively.   It was decided that imports from the PEOPLE'S REPUBLIC OF CHINA, HONG KONG, the 
UNITED MEXICAN STATES, the DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, the 
REPUBLIC OF INDONESIA, the REPUBLIC  OF KOREA, the ISLAMIC REPUBLIC OF 
PAKISTAN, the REPUBLIC OF SINGAPORE, the REPUBLIC OF THE PHILIPPINES, the REPUBLIC OF CHILE and the REPUBLIC OF PA NAMA would be excluded from the application 
of the safeguard measure given that they come w ithin the terms of Article 9.1 of the Agreement on 
Safeguards. 
 
 This measure shall be applied with due respect  for existing multilateral, regional and bilateral 
international agreements.   With regard to imports of goods originati ng in and coming from Southern Common Market 
(MERCOSUR) States Parties, this measure shall be  implemented in accordance with the provisions in 
force therein.   Resolution No. 763 of 7 June 1996 and Resolution No. 381 of 1 November 1996, both of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, have established the G/SG/N/8/ARG/5/Suppl.1 
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  contents and procedures for the presentation of a certif icate in the context of the monitoring of non-
preferential origin for import transactions subject to such a requirement,  in accordance with the 
provisions of the Agreement on Rules of Origin, which forms part of the General Agreement on 
Tariffs and Trade (GATT) 1994, approved by Law No. 24.425. 
  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 Reso lution No. 763/96 of the former MINISTRY OF 
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 ECON OMY AND PRODUCTION, mu st be instructed 
to maintain the requirement concerning certificates of origin. 
 
 The SECRETARIAT OF ECONOMIC POLICY of the MINISTRY OF ECONOMY AND PRODUCTION has taken the appropriate acti on within its sphere of competence. 
  The General Directorate of Legal Affairs of the MINISTRY OF 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 Decree No. 1059/96.  Therefore, 
 
THE MINISTER OF ECONOMY AND PRODUCTION  DECIDES THE FOLLOWING:  
 
Article 1 - The safeguard investigation concerning exports to ARGENTINA of compact discs-
recordable (CD-Rs) falling under tariff subheading 8523.90.10 of the MERCOSUR Common Nomenclature is hereby declared closed.  
 
Article 2 - A safeguard measure in the form of minimu m specific duties on imports of the product 
described in the Annex, which, together with the corresponding liberalization tim etable, is an integral 
part of this Resolution, is hereby imposed. 
Article 3 - The safeguard measure provided for in Article 2 of this Resolution shall be progressively 
liberalized in accordance with the timetable set forth in the aforementioned Annex.  
 
Article 4 - Imports originating in the PEOPLE'S REPUBLIC OF CHINA, HONG KONG, the 
UNITED MEXICAN STATES, the DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, the 
REPUBLIC OF INDONESIA, the REPUBLIC  OF KOREA, the ISLAMIC REPUBLIC OF 
PAKISTAN, the REPUBLIC OF SINGAPORE, the REPUBLIC OF THE PHILIPPINES, the REPUBLIC OF CHILE and the REPUBLIC OF PANAMA shall not be subject to the measure  G/SG/N/8/ARG/5/Suppl.1 
 G/SG/N/10/ARG/5/Suppl.1  G/SG/N/11/ARG/5/Suppl.1 
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  imposed given that they are covered by the excepti on provided for in Article 9.1 of the Agreement on 
Safeguards, incorporated into Argentine legislation by Law No. 24.425.    
Article 5 - The General Directorate of Customs, a ttached to the FEDERAL PUBLIC REVENUE 
ADMINISTRATION, an autonomous body within the MINISTRY OF ECONOMY AND PRODUCTION, is hereby notified that all 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 
ECONOMY AND PUBLIC WORKS AND SERVICES.  
 Article 6 - The requirement mentioned in the preceding Artic le shall be consistent with the conditions 
and procedures established by Resolution No. 763 of 7 June 1996 and Resolution No. 381 of 
1 November 1996, both of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND 
SERVICES.  
 
Article 7 - The safeguard measure imposed by this Reso lution shall remain in force for THREE (3) 
years and shall take effect as of the day of  its publication in the Official Journal. 
 
Article 8 - With regard to imports originating in  and coming from Southern Common Market 
(MERCOSUR) States Parties, the provisions of the Regulation on the Application of Safeguard 
Measures to Imports from Non-Members of ME RCOSUR, approved by Common Market Council 
Decision No. 17 of 17 December 1996, shall apply. 
 
Article 9 - The publication of this Resolution in the O fficial Journal shall be deemed sufficient 
notification for all purposes . 
 
Article 10  - For communication, publication, transmittal to the National Directorate of Official 
Records and archiving. - Felisa Miceli.   
ANNEX 
 
 Year 1 
30.5.2007 to 29.5.2008 Year 2 
30.5.2008 to 29.5.2009 Year 3 
30.5.2009 to 29.5.2010 
Minimum specific 
import duty 
(U$S per unit)  
0.13  
0.11  
0.08 
 
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