Dispute Settlement DS438
22/05/2013 12:00
Argentina — Measures Affecting the Importation of Goods
Panel established, but not yet composed on 28 January 2013
Key facts
Short title: | |
Complainant: | European Union |
Respondent: | Argentina |
Third Parties: |
Australia; Canada; China; Ecuador; European Union; Guatemala; India; Israel; Japan; Korea, Republic of; Norway; Saudi Arabia, Kingdom of; Switzerland; Chinese Taipei; Thailand; Turkey; United States |
Agreements cited: (as cited in request for consultations) |
GATT 1994: Art. III:4, VIII, X:1, X:3, XI:1 Art. 2 3.2, 3.3, 3.4, 3.5 |
Request for Consultationsreceived: | 25 May 2012 |
Summary of the dispute to date
The summary below was up-to-date at 13 March 2013
Consultations
Complaint by the European Union. (See also DS444, DS445 and DS446,)
On 25 May 2012, the European Union requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods.
The European Union challenges: (i) declarations required as a condition for the approval of imports; (ii) various types of licences required for the importation of certain goods; and (iii) the alleged systematic delay in granting import approval or failure to grant such approval, or the grant of import approval subject to importers undertaking to comply with certain allegedly trade restrictive commitments.
The European Union claims that the challenged measures appear to be inconsistent with:
- Articles III:4, VIII, X:1, X:3 and XI:1 of the GATT 1994;
- Articles 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 2.2, 3.2, 3.3, 3.4 and 3.5 of the Agreement on Import Licensing Procedures;
- Article 2 of the TRIMs Agreement;
- Article 4.2 of the Agreement on Agriculture; and
- Article 11 of the Safeguards Agreement.
On 31 May 2012, Turkey requested to join the consultations. On 7 June 2012, Ukraine and the United States requested to join the consultations. On 8 June 2012, Australia, Canada, Guatemala and Japan requested to join the consultations. On 3 July 2012, Mexico requested to join the consultations. Subsequently, Argentina informed the DSB that it had accepted the requests of Australia, Canada, Guatemala, Japan, Mexico, Turkey, Ukraine and the United States to join the consultations. On 6 December 2012, the European Union 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, DS444 and DS445. Australia, Canada, China, Ecuador, Guatemala, India, Japan, Korea, Norway, Saudi Arabia, Switzerland, Chinese Taipei, Thailand, Turkey and the United States reserved their third party rights.
Các tin khác
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- Dispute Settlement DS573: Turkey — Additional duties on imports of air conditioning machines from Thailand (05/12/2018)
- Dispute Settlement DS564: United States — Certain Measures on Steel and Aluminium Products (15/08/2018)
- Dispute Settlement DS562: United States — Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products (14/08/2018)
- Dispute Settlement DS556: United States — Certain Measures on Steel and Aluminium Products (09/07/2018)