Argentina — Measures Affecting the Importation of Goods

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(as cited in request for consultations)
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Complaint by Japan. (See also DS438, DS444 and DS446)

On 21 August 2012, Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods.

Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requirements imposed on importers to undertake certain trade-restrictive commitments; and (iv) the alleged systematic delay in granting import approval or refusal to grant such approval, or the grant of import approval subject to importers undertaking to comply with certain allegedly trade-restrictive commitments.  

Japan claims that the challenged measures appear to be inconsistent with:

  • Articles III:4, VIII, X:1, X:2, X:3 and XI:1 of the GATT 1994;
  • Articles 2 and 6.1 of the TRIMs Agreement;
  • Articles 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 2.2, 3.2, 3.3, 3.4, 3.5, 5.1, 5.2, 5.3 and 5.4 of the Agreement on Import Licensing Procedures; and
  • Article 11 of the Safeguards Agreement.

On 24 August 2012, Mexico requested to join the consultations.  On 29 August 2102, Turkey requested to join the consultations.  On 30 August 2012, the European Union and Guatemala requested to join the consultations.  On 31 August 2012, Australia, Canada and the United States requested to join the consultations. Subsequently, Argentina informed the DSB that it had accepted the requests of Australia, Canada, the European Union, Guatemala, Mexico, Turkey and the United States to join the consultations. On 6 December 2012, Japan requested the establishment of a panel.  At its meeting on 17 December 2012, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 28 January 2013, the DSB established a single panel pursuant to Article 9.1 of the DSU to examine this dispute, DS438 and DS444. Australia, Canada, China, Ecuador, the European Union, Guatemala, India, Korea, Norway, Saudi Arabia, Switzerland, Chinese Taipei, Thailand, Turkey and the United States reserved their third party rights. On 15 May 2013, the European Union, the United States and Japan requested the Director-General to compose the panel. On 27 May 2013, the Director-General composed the panel. On 15 November 2013, the Chair of the panel informed the DSB that it expected to issue its final report to the parties by the end of May 2014, in accordance with the timetable adopted after consultations with the parties. On 5 May 2014, the Chair of the panel informed the DSB that it would not be possible to issue the final report to the parties by the end of May 2014 due to the complexity of the dispute and the large volume of evidence. The panel estimates that it will issue its final report to the parties by the end of June 2014, in accordance with the revised timetable adopted after consultation with the parties.

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