WTO Dispute Settlement Body Finds Argentina’s Import Measures in Breach of WTO Rules (January 26, 2015) [1]
On January 26, 2015, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) reported [3] its adoption of the WTO Appellate Body’s report [4] finding Argentina’s unwritten import measures in breach of WTO rules. In their respective complaints against Argentina—DS 438 [5], DS 445 [6], and DS 444 [7]—the European Union, Japan and the United States contested Argentina’s “unwritten trade-related requirements measure[s] (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).” The DSB found the measures to “constitute restrictions on the importation of goods” and to be “inconsistent with the General Agreement on Tariffs and Trade (GATT) 1994.” At least fifteen states joined the dispute as third parties, with Australia, Chinese Taipei, and Canada noting concerns about the efficiency of the dispute settlement procedure.