WORLD TRADE  
ORGANIZATION  G/SG/N/11/ARG/5/Suppl.3 
12 May 2009 
 
 (09-2326) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
 
ARGENTINA 
 
Compact Discs-Recordable (CD-R
) 
 
Supplement  
  
 The following communication, dated 4 May 2009, is being circulated at the request of the 
delegation of Argentina.  
_______________ 
 
 
 The delegation of Argentina hereby notifies that, pursuant to Resolution No. 136 
of 17 April 2009 of the Ministry of Production, published in the Official Journal of 23 April 2009, it has been decided to apply the safeguard measure on exports to Argentina of compact discs-recordable 
(CD-R), implemented under Resolution No. 351 of 29 May 2007 of the former Ministry of the 
Economy and Production, to Hong Kong, China. 
 
 A copy of Ministry of Production Resolution No. 136 is attached herewith.   G/SG/N/11/ARG/5/Suppl.3 
Page 2  
 
  Ministry of Production 
 
FOREIGN TRADE 
 
Resolution No. 136/2009 
 
Applying to Hong Kong the safeguard measure established for certain operations by Resolution 
No. 351/07 of the former Ministry of the Economy and Production. 
 
Buenos Aires, 17 April 2009 
 
HAVING REGARD  to File No. S01:0023765/2009 of the Registry of the MINISTRY OF 
PRODUCTION, and  
WHEREAS:  
 
 By means of Resolution No. 351 of 29 May 2007 of the former MINISTRY OF THE ECONOMY AND PRODUCTION, the safeguard investigation concerning imports of compact discs-recordable (CD-R) was closed with the estab lishment 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 HONG KONG.  
The Legal Service for Industry, Trade and Small and Medium-Sized Enterprises, 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 PUBLIC FINANCE, issued Opinion No. 4052 of 17 February 2009 and, in reference to Article 9.1 of the 
Agreement on Safeguards approved by Law No. 24.425,  stated that "... insofar as the Implementing 
Authority concludes that the requirements under the above-mentioned Article are not met for the origin Hong Kong, this Legal Service is of the opinion that Hong Kong should no longer be excluded 
from the safeguard measure and that the measur es imposed by Resolution No. 351/07 should be 
applied to the said origin".   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 PRODUCTION, submitted a report relating 
to Article 9.1 of the Agreement on Safeguards.   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 Resolu tion 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/11/ARG/5/Suppl.3 
 Page 3 
 
 
   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 certific ates of origin where 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 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 TH E ECONOMY AND PUBLIC FINANCE, must be 
instructed to maintain the requirement concerning certificates of origin.  
 The SECRETARIAT OF ECONOMIC POLICY of the MINISTRY OF THE ECONOMY 
AND PUBLIC FINANCE has taken the appropriate action within its sphere of competence.  
As provided for in Article 11 of Decree No . 2102 of 4 December 2008, the competent Legal 
Service has taken the appropriate action.  
 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. 438/92 and amendments thereto).  Therefore, 
 
THE MINISTER OF PRODUCTION 
 
HEREBY DECIDES THE FOLLOWING: 
 
Article 1  – The safeguard measure established by Reso lution No. 351 of 29 May 2007 of the former 
MINISTRY OF THE ECONOMY AND PRODUCTION concerning exports to ARGENTINA of 
compact discs-recordable (CD-R) is hereby applied to HONG KONG.  
 Article 2 – The General Directorate of Customs, attached to the FEDERAL PUBLIC REVENUE 
ADMINISTRATION, an autonomous body within the MINISTRY OF THE ECONOMY AND 
PUBLIC FINANCE, is hereby notified that imports for customs clearance of the product described in 
Article 1 of this Resolution are subject to the regi me 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 – For communication, publication, transmittal to the National Directorate of Official 
Records and archiving. - Débora A. Giorgi. 
__________