Thursday, January 29, 2015
WTO DSB Adopts Appellate Body Report on Argentina-Import Measures
On January 26, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) adopted the Appellate Body report in the case “Argentina –Measures Affecting the Importation of Goods” (DS438, DS444, DS445). The co-complainants in this case were the European Union, Japan and the United States.
The co-complainants welcomed the finding that Argentina's measures were in clear breach of its WTO obligations. The measures at issue were "the unwritten trade-related requirements measure (such as a request to importing companies to export at least as much as they import or to increase the local content of products made in Argentina), and the Advance Sworn Import Declaration procedure (which does not automatically lead to a right to import and constitutes an import restriction)." These measures were found to constitute restrictions on the importation of goods and to be inconsistent with the General Agreement on Tariffs and Trade (GATT) 1994.
Several of the complainants and third party states also expressed concern once again about the delays in the Appellate Body's work and its failure to consult the parties regarding the delays, which is a departure from previous practice. This is an issue that will require further consideration and action.