REPUBLIC OF ARGENTINA
Decree No. 421/2002
Amending Decree No. 1088/2001, concerning the speeding up of
investigations into unfair trading practices.
Buenos Aires, 5 March 2002
HAVING REGARD TO file No. 061/016936/2001 in the registry of the former
Ministry of the Economy, Law No. 24,425 and Decree No. 1088 of 28 August
The Final Act Embodying the Results of the Uruguay Round of Multilateral
Trade Negotiations, the Ministerial Decisions, Declarations and
Understandings and the Marrakesh Agreement Establishing the World Trade
Organization (WTO) were approved under Law No. 24,425;
Annex 1A of the above-mentioned Marrakesh Agreement Establishing the World
Trade Organization contains the Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade (GATT) and the Agreement on
Subsidies and Countervailing Measures;
Decree No. 1088 was issued on 28 August 2001, with a view to speeding up
procedures for investigation into unfair trading practices;
Pursuant to Article 74 of Decree No. 1088, supplementary regulations to
the Decree shall be promulgated;
Article 71 of Decree No. 1088 establishes 1 January 2002 as the date of
entry into force of the Decree;
Owing to the fact that the application forms and corresponding
questionnaires for the initiation of an investigation have yet to be
adopted, it is impossible for the Decree to be implemented on the
Taking this into account, Article 71 of Decree No. 1088 needs to be
replaced in order to postpone the date of entry into force;
The GENERAL DIRECTORATE FOR LEGAL AFFAIRS of the former Ministry of the
Economy has taken appropriate action within its sphere of competence;
The NATIONAL EXECUTIVE is competent to enact this Act by virtue of the
provisions of Article 99, paragraph 2, of the NATIONAL CONSTITUTION;
The President of Argentina
Article 1. Article 71 of Decree No. 1088/2001 shall be replaced by the
"Article 71 – This Decree shall enter into force within FIFTEEN (15) days
of promulgation of the supplementary regulations needed for its
application and shall be applicable to investigations and reviews of
existing measures initiated as a result of applications submitted after
the date of its entry into force.
Investigations initiated under Decree No. 1326/98 shall be governed by
this Decree until their conclusion, with the exception of the amount of
duty, which shall be established on a retroactive basis.
When an annual period of validity of a definitive duty expires after the
entry into force of this Decree, at the request of a party the amount of
the duty shall be established retroactively for the subsequent year".
Article 2. This Decree shall enter into force on 1 January 2002.
Article 3. This Decree shall be proclaimed, published, transmitted to the
National Directorate of Official Records and filed.
DUHALDE. – Jorge M. Capitanich. – José I. de Mendiguren