The Appellate Body just circulated the report in the case “Argentina – Measures Affecting the Importation of Goods” (WT/DS438/444/445). You can find the Report here
The AB widely found to uphold most of the findings of the Panel against Argentina. Furthermore, Argentina’s main argument that the TRR’s expanded the scope of the complaint — the Panel found that it did not expand the scope. This second time around, the AB upheld the Panel’s findings.
Furthermore, the AB reversed the Panel’s finding that these 23 specific instances of
application of the TRRs were not precisely identified in the EU Panel Request as
measures at issue, and thus do not constitute measures at issue in this dispute. The AB went on to find, instead, that the EU Panel Request identified the 23 specific instances of
application of the TRRs as “specific measures at issue” in conformity with Article 6.2
of the DSU.
With this, the Appellate Body recommends that the DSB request Argentina to bring its measures found in this Report, and in the EU Panel Report as modified by this Report, to be inconsistent with the GATT 1994 into conformity with that Agreement.