Argentina - Safeguard Measures on Imports of Footwear (WT/DS121/AB/R) Report of the Appellate Body

Summary

INTRODUCTION

Argentina and the European Communities appeal certain issues of law and legal interpretation in the Panel Report, Argentina - Safeguard Measures on Imports of Footwear (the “Panel Report”). The Panel was established to consider a complaint by the European Communities with respect to the application by Argentina of certain safeguard measures on imports of footwear.

On 14 February 1997, Argentina initiated a safeguard investigation and adopted Resolution 226/97, which imposed provisional measures in the form of minimum specific duties on imports of certain footwear. On the same day, the Argentine Ministry of Economy and Public Works repealed the minimum specific duties on imports of footwear (“DIEMs”) that had been maintained by Argentina since 31 December 1993. The opening of the safeguard investigation and the implementation of a provisional safeguard measure were notified to the Committee on Safeguards by Argentina in a communication dated 21 February 1997 and, by further communication dated 5 March 1997, Argentina transmitted a copy of the provisional duty resolution to the Committee on Safeguards.

On 25 July 1997, Argentina notified the Committee on Safeguards of the determination of serious injury made by its competent authorities, the Comisión Nacional de Comercio Exterior (“CNCE”). Attached to this notification was Act 338, the report of the CNCE on serious injury. Act 338 incorporates by reference the Technical Report, a summary by CNCE staff of the factual data gathered during the safeguard investigation. On 1 September 1997, Argentina notified the Committee on Safeguards of its intention to impose a definitive safeguard measure. On 12 September 1997, Argentina adopted Resolution 987/97, which imposed, effective 13 September 1997, a definitive safeguard measure in the form of minimum specific duties on certain imports of footwear. On 26 September 1997, Argentina transmitted a copy of this Resolution to the Committee on Safeguards, and Uruguay, as Pro Tempore President of the Mercado Común del Sur (“MERCOSUR”) notified the definitive safeguard measure imposed by that Resolution. On 28 April 1998, Argentina published Resolution 512/98 modifying Resolution 987/97. On 26 November 1998, Argentina published Resolution 1506/98, further modifying Resolution 987/97, and, on 7 December 1998, the Argentine Secretariat of Industry, Commerce and Mines published Resolution 837/98 implementing Resolution 1506/98. The relevant factual aspects of this dispute are set out in further detail at paragraphs 2.1-2.6 and 8.1-8.20 of the Panel Report.