Procedure for Initiation of Petition for Specific Tariff Measures with the CCM

On April 4, 2019, the Argentine Secretariat of Foreign Trade published Resolution No. 28/2019 in the Official Gazette (“Resolution 28/19”). The Resolution set forth the domestic procedure for private companies to request the Trade Policy with MERCOSUR Directorate (Dirección de Política Comercial con el MERCOSUR) that Argentina initiate a petition with the MERCOSUR Trade Commission ("CCM") for the application of Specific Measures  within the framework of Resolution No.8 ("Resolution 8/08").

Resolution 8/08, dated June 20, 2008, issued by the Common Market Group (Grupo Mercado Común) authorized the CCM to take measures concerning tariff reduction of the Common External Tariff (Arancel Externo Común). It also authorized fixing quantities to be imported to guarantee a regular supply of products in the Member States of MERCOSUR, by establishing the requirements and procedures for their application (the "Specific Measures").

Resolution 28/19 provides that the enforcement authority must be the Trade Policy with MERCOSUR Directorate (Dirección de Política Comercial con el MERCOSUR), of the Under Secretariat of Foreign Trade of the Secretariat of Foreign Trade of the Ministry of Production and Labor (the "DPCM," after its Spanish acronym).

To request the initiation or the renewal of Specific Measures, applicants must complete their petition in the Basic Form and submit it with any additional documentation that the applicant considers pertinent through the Distance Processing Platform (Plataforma de Trámites a Distancia) (the "TAD," after its Spanish acronym), or at the reception desk of the Under Secretariat of Foreign Trade. Applicants may request their petition to be treated urgently by giving the proven due support and also request confidential treatment for their information by providing a public summary of the confidential information.

The DPCM will request the private entities related to the production and commercialization of the product for which the Specific Measure is requested and the governmental agencies to review and analyze the petition, and they must provide their response within 10 business days.

Finally, the DPCM will decide if the application meets all the necessary requirements to be submitted before the CCM on the basis of a technical report. Once approved, the DPCM will notify the National Coordination with the CCM to submit the petition for consideration of the Member Parties of MERCOSUR, in accordance with the provisions set forth in Resolution 8/08. If the CCM considers that the petition has to be modified for its approval, the CCM must submit the suggested amendments to the DPCM for its analysis and consideration.

Once the initiation or the renewal of Specific Measures submitted by Argentina is approved by the CCM, the DPCM will promote the incorporation of the CCM’s decision regarding the Specific Measure into Argentina’s domestic regulation.

Resolution 28/19 entered into force on April 5, 2019.