WORLD TRADE
ORGANIZATIONWT/DS164/4
15 July 1999
(99-3007)
Original:  English
ARGENTINA – MEASURES AFFECTING IMPORTS OF FOOTWEAR
Request for the Establishment of a Panel by the United States
The following communication, dated 20 May 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 ofthe DSU.
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The United States requests the establishment of a panel pursuant to Articles 4 and 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 14 of the
Agreement on Safeguards, and Article XXIII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), with regard to Argentina's safeguar d measure, as modified, on imports of footwear.
In November 1998, Argentina adopted Resolution 1506, followed by the issuance of
Decision 837/98 dated 4 December 1998, both of wh ich modified the original safeguard measure in
Resolution 987/97 and imposed a tariff-rate quota (TRQ) on footwear imports in addition to the
safeguard duties previously imposed.  Moreover, Resolution 1506 postpones any liberalization of the
original safeguard duty until 25 February 2000, and liberalizes the TRQ only once during the life of
the measure.  Argentina has not notified its footwear safeguard, as modified, to the Committee on
Safeguards.
On 1 March 1999, the United States requested consultations with Argentina with a view to
reaching a mutually satisfactory solution of the matter.  The request was circulated in document
WT/DS164/1 dated 4 March 1999. Consultations were held on 24 March 1999 in Geneva, but did not
lead to a satisfactory resolution of the matter.
Based upon information received to date, the United States considers that Resolution 1506
and Decision 837/98 may be inconsistent with the obligations of Argentina under the Agreement on
Safeguards, in particular:
(a) Article 7.4, which mandates that safeguard measures over one year in duration be
progressively liberalized at regular intervals;  and
(b) Article 12, which directs Members to immediately notify the Committee on
Safeguards of all safeguard actions and to provide adequate opportunity for prior
consultations with Members having substantial export interest in the product
concerned.
The United States requests that the panel be established with the standard terms of reference.
The United States asks that this request be placed on the agenda for the 26 July 1999 meeting of the
Dispute Settlement Body.
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