The United States argued that Argentina’s revocation of the footwear specific duties during the dispute settlement process should not prevent the Panel from determining that the measures imposing them were contrary to Article II GATT 1994. Previous panels had reviewed the consistency with the GATT of measures no longer in effect.26 Such review was especially appropriate in this case given that Argentina may impose the footwear specific duties again in the future. 27 The likelihood that Argentina would restore its footwear specific duties was indeed considerable. Argentina had repeatedly renewed them in the past, even after having received repeated objections from its trading partners. Argentina also may restore the footwear minimum specific import duties when the provisional measures that replaced them would have expired.
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