 
. /.  WORLD TRADE  
ORGANIZATION  G/C/W/493 
20 September 2004 
 
 (04-3948) 
Council for Trade in Goods  
  
 
INTRODUCTION OF HARMONI ZED SYSTEM 1996 CHANGES 
INTO WTO SCHEDULES OF TARIFF CONCESSIONS 
 
Argentina – Schedule LXIV
 
 
Draft Waiver Decision 
 
  The General Council,  
 Considering  that the Members of the WTO, by their Decisions of 13 December 1995, 
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999, 4 November 1999, 3 May 2000, 8 December 2000, 8 May 2001
1, acting pursuant to the provisions of 
paragraph 3 of Article IX of the WTO Agreement,  suspended application of the provisions of 
Article II of GATT 1994 until 13 April 2002, for the purpose of enabling the Members listed in the Annex, including Argentina, to implement the r ecommended amendments to the Harmonized System 
nomenclature; 
  Considering  that by their Decision of 8 May 2001 the Members of the WTO also agreed that 
it would be the last time an extension of the HS96 waiver would be granted on a collective basis, but 
that this would not, however, preclude Members from requesting waivers on an individual basis; 
 
 Considering  that by Decisions of 13 May 2002, 15 October 2002 and 24 July 2003
2 and 
pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement, the Members of the WTO suspended application of the provisions of Ar ticle II of GATT 1994 until 30 April 2004, for the 
purpose of enabling Argentina to implement th e recommended amendments to the Harmonized 
System nomenclature; 
 
 Noting  that Argentina has requested a waiver for the reasons explained in its request;
3 
  Considering  that Argentina would need more time to  proceed with consultations in the light 
of the reservations expressed by two Members; 
 
 Acting  pursuant to the provisions of paragra ph 3 of Article IX of the WTO Agreement; 
  Decides , in view of the exceptional circumstances, to suspend application of the provisions of 
Article II of GATT 1994 until 30 April 2005, for the purpose of enabling Argentina to implement the  
 
 
                                                     
 
1 WT/L/124 + Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338 
+ Corr.1, WT/L/351, WT/L/379 and WT/L/400. 
2 WT/L/464, WT/L/485 and WT/L/523. 
3 G/L/693. G/C/W/493 
Page 2  
 
 recommended amendments to the Harmonized System nomenclature, subject to the following 
conditions:   (i) Argentina shall, where necessary, promp tly enter into negotiations and consultations 
with interested Members, pursuant to paragraphs 1-3 of Article XXVIII of 
GATT 1994; 
  (ii) the negotiations and cons ultations mentioned above shall be completed not later than 
30 April 2005; 
 
 (iii) pending the entry into force of the results of the negotiations or consultations 
mentioned above pursuant to Article XXV III:3, the other Members will be free to 
suspend concessions initially negotiated with  Argentina to the extent that they 
consider that adequate compensati on is not offered by Argentina. 
 
__________  
 
 