World Trade
Organization RESTRICTED G/TMB/R/116
8 February 2005 (05-0508) Textiles Monitoring Body


REPORT of the one hundred and sEVENteenth meeting


The Textiles Monitoring Body held its one hundred and seventeenth meeting on 9 December 2004.
Present at this meeting were the following members, alternates and observers: Messrs. Farahat/Dalela; Iida; Lee/Kim/Hassan; Ortega/Alvarado/Ms. Miranda; Ms. Pheko; Messrs. Samosir; Sorensen; Tagliani; Wentzel/Seppey; Mr. Zambelli/Ms. Petrova/Mr.Yaman; Ms. Zhang/Mr. Khan/Ms. Lu.
Commemoration of the imminent full implementation of the Agreement on Textiles and Clothing and the resulting cessation of the TMB

The TMB welcomed the Director-General of the WTO, who had been invited by the TMB to the commemoration. The Director-General made the following statement:
"I appreciate the initiative of the Textiles Monitoring Body, whose working procedures do not normally provide for the participation of those not direct

World Trade
Organization G/TMB/AGENDA/117
15 December 2004 (04-5520) Textiles Monitoring Body


AGENDA OF THE ONE HUNDRED AND SEVENTEENTH MEETING


The Textiles Monitoring Body adopted the following agenda on 9 December 2004.
1. Adoption of the Agenda
2. Commemoration of the imminent full implementation of the Agreement on Textiles and Clothing and the resulting cessation of the TMB:

a) Opening remarks by the Chairman
b) Address by the Director-General
c) Statements by TMB members and alternates
d) Contributions of former members and/or alternates present at the meeting
e) Comments by present and former Secretariat staff directly involved in the TMB's work
f) Closing remarks by the Chairman
3. Adoption of the report of this meeting
Other Business
__________
Will be issued as G/TMB/R/116 at a later stage.

CRP(95)1Page 1

World Trade
Organization RESTRICTED G/TMB/R/114
22 November 2004 (04-5061) Textiles Monitoring Body


REPORT OF THE ONE HUNDRED AND FIFTEENTH MEETING


The Textiles Monitoring Body held its one hundred and fifteenth meeting on 12 October 2004.
Mr. João Paulo Ortega Terra (Brazil) appointed Mr. Evelio Alvarado Romero (Guatemala) as his first alternate and Ms. Milagros Miranda (Peru) as his second alternate.
Present at this meeting were the following members, alternates and observer: Messrs. Dalela; Iida; Lee/Kim/Hassan; Ortega/Alvarado; Mrs. Pheko; Messrs. Samosir; Seppey; Tagliani; Zambelli/Ms. Petrova/Mr. Yaman; Ms. Zhang/Ms. Lu.
The TMB adopted the report of its one hundred and fourteenth meeting (G/TMB/R/113).
Report (2004) of the TMB
The TMB considered and adopted its report for 2004 (G/L/700).
_____________
CRP(115)2Page 2



CRP(112)2 Page 3

World Trade
Organization G/TMB/AGENDA/116
22 November 2004 (04-5062) Textiles Monitoring Body


AGENDA OF THE ONE HUNDRED AND SIXTEENTH MEETING


The Textiles Monitoring Body adopted the following agenda on 18 November 2004:

Adoption of the Agenda
Adoption of the report of the one hundred and fifteenth meeting

Notification under Article 2.1

United States (G/TMB/N/63/Add.15)

Other Business


__________
Will be issued as G/TMB/R/114.

CRP(95)1Page 1

World Trade
Organization RESTRICTED G/TMB/R/113
22 October 2004 (04-4481) Textiles Monitoring Body


REPORT OF THE ONE HUNDRED AND FOURTEENTH MEETING


The Textiles Monitoring Body held its one hundred and fourteenth meeting on 16 September 2004.
Mr. Joāo Paulo Ortega Terra (Brazil) was appointed member to replace Mr. Clélio Nivaldo Crippa Filho (Brazil).
Present at this meeting were the following members, alternates and observer: Messrs. Dalela; Ekawat; Lee/Kim; Ortega; Ms. Petrova/Mr. Yaman; Mrs. Pheko; Messrs. Seppey; Tagliani; Ms. Zhang.
The TMB adopted the report of its one hundred and thirteenth meeting (G/TMB/R/112).
Notifications under Articles 2.8(c) and 2.11 of the Agreement on Textiles and Clothing
The TMB reviewed, under Article 2.21, the notifications made pursuant to Articles 2.8(c) and 2.11 by Colombia (G/TMB/N/483) and Sri Lanka (G/TMB/N/484). Colombia notified that "on 1 January 2005, it will integrate into the GATT 1994 all of the

World Trade
Organization G/L/700
19 October 2004
(04-4322)


REPORT (2004) of the textiles monitoring body


This report is presented by the Textiles Monitoring Body pursuant to the decision adopted by the General Council on 15 November 1995 on the procedures for an annual overview of WTO activities and for reporting under the WTO (WT/L/105).
Since the adoption of its Report (2003) (G/L/650) on 22 October 2003, the TMB has held 11 meetings up to 12 October 2004. The d

World Trade
Organization RESTRICTED G/L/683
30 July 2004 (04-3284)


COMPREHENSIVE REPORT OF THE TEXTILES MONITORING BODY
TO THE COUNCIL FOR TRADE IN GOODS
ON THE IMPLEMENTATION OF THE AGREEMENT ON TEXTILES AND CLOTHING DURING THE THIRD STAGE OF THE INTEGRATION PROCESS

I. This comprehensive report on the implementation of the Agreement on Textiles and Clothing (ATC) during the third stage of the integration process is transmitted, pursuant to Article 8.11, by the Textiles Monitoring Body (TMB) to the Council for Trade in Goods to assist the Council in the conduct of its third major review of the implementation of the ATC. In compliance with the deadline defined in Article 8.11 of the ATC, the report covers the period 1 January 2002 to 21 July 2004.
II. Article 8.11 requires that the comprehensive report cover implementation, in particular in matters with regard to the integration process, the application of the transitional safeguard mechanism, and relating

World Trade
Organization G/TMB/AGENDA/113
26 July 2004 (04-3217) Textiles Monitoring Body

AGENDA OF THE ONE HUNDRED AND THIRTEENTH MEETING

The Textiles Monitoring Body adopted the following agenda on 21 July 2004:

Adoption of the Agenda
Adoption of the report of the one hundred and twelfth meeting

Notification under Articles 2.
1)
India, also on behalf of several other members of the ITCB, listed in the communication (G/TMB/N/474 and Add.
1)
European Communities (G/TMB/N/478)
United States (G/TMB/N/479)

Preparation of the 2004 comprehensive report pursuant to Article 8.
Other Business

__________

Will be issued as G/TMB/R/111.

1
12 July 2004 (04-2988) Textiles Monitoring Body Original: English

AGREEMENT ON TEXTILES AND CLOTHING

Communication from Turkey

Addendum

The following communication, dated 5 July 2004, from the Delegation of Turkey, is being circulated to WTO Members for their information.
Permanent Mission of Turkey to
the World Trade Organization

Geneva, 5 July 2004

Dear Mr Chairman,

I would like to thank you for your letter, ref: TMB/100, dated 28 May 2004 which seeks clarifications from Turkey regarding our submission under the title TMB/N/471 and to submit the following information:

With reference to Article 1.
Yours sincerely,

(Signed)
Mehmet Görkay
Ambassador
Permanent Representative

H.
Mr András Szepesi
Ambassador
Chairman of the Textiles Monitoring Body
World Trade Organization
Centre William Rappard
Rue de Lausanne 154
1211 Genève 11

__________
G/TMB/N/471/Add.

Textiles (G/TMB/*)

Textiles G/TMB/ Legal Texts Agreement on Textiles and Clothing Implementation-Related Issues Communications Review of the Implementation of the Agreement G/L/ Textiles Monitoring Body G/TMB/ Administrative information Agenda G/TMB/AGENDA/ G/TMB/W/ Composition of the Textiles Monitoring Body WT/L/ General Minutes G/TMB/ G/TMB/R/ Reports G/L/ Working documents G/TMB/W/ Notifications G/TMB/N/ Technical Information Handbook WT/TC/NOTIF/TEX/ Procedure By article Article 2.
11 Article
2.
15 Article 2.

10 of the Agreement on Textiles and Clothing (ATC)
United States: Methodology applied with a view to providing the increase, for Stage 2 of the integration process, in the respective growth rates of the restrictions maintained on imports from China

The TMB received a communication from the United States, dated 28 March 2003, with reference to the provisions of Article 8.
In the view of the United States, this paragraph of the Working Party report not only makes it clear that the increase in growth rates should be applied from the date of China's accession, but the inclusion of the phrase 'as appropriate' also implies that this obligation should be implemented in a manner that corresponds to the length of time of China's actual WTO membership during the given stage of the ATC integration process.
10 states, inter alia, that "[i]f a Member considers itself unable to conform with the recommendations of the TMB, it shall provide the TMB with the reasons therefore not later than one month after receipt of such recommendations.
In this written communication, China observed that "as[it had] stated in its previous observations concerning the way the United States applied the second-stage growth factor to China, China maintains its position that the United States is obliged to implement the full 25 per cent growth factor to China under the Working Party report on China's accession to the WTO as well as the ATC.
also bearing in mind the observation made by China in its respective communication, the TMB felt that it would be appropriate first to summarize the background of its recommendation, covering briefly all related developments.
the United States stated, inter alia, the following:
"Pursuant to the Working Party Report [on the Accession of China to the WTO], which requires that the provisions of the ATC regarding growth rates 'be applied, as appropriate, from the date of accession,' it was determined to be appropriate to apply an accelerated growth rate of 25 per cent prorated for that period of time (11 – 31 December 2001) when China was a Member of the WTO in Stage 2.
In considering the additional communication received from the United States, referred to in paragraph 14 above, the TMB made a number of observations and issued a formal recommendation as follows:
"The TMB observed that no specific arguments had been provided by the United States to substantiate the reasons why it had concluded that the methodology used by the United States was in line with its obligations, as provided for in the Working Party Report of the Accession of China to the WTO.
It was observed that, despite the invitation to the United States to reconsider its respective position in light of the TMB's comments, observations and conclusion and to implement the necessary adjustments in its respective methodology applied, the US' implementation remained unchanged and, therefore, continued to not meet what the TMB had found to be the minimum requirements to be implemented.
14 with respect to China, the minimum requirements that had to be implemented, inter alia, by the United States were, that as from 1 January 2002, the base levels in force on 10 December 2001 had to be increased by the respective growth rates applied for the year 2001 (prior to China's accession), increased by the full 25 per cent applicable to Stage 2, and further increased by the 27 per cent applicable to Stage 3.
Noting that both China and the United States had had ample opportunities to make their observations and respective arguments known and also that the TMB's conclusion had been reached with full knowledge of the observations and arguments presented in the respective notifications of the two Members concerned, the TMB decided to recommend to the United States to implement the necessary adjustments in its respective methodology applied, with a view to bringing it in line with the TMB's conclusion regarding the minimum requirements that had to be met.
Against this background, the TMB had already stated the following:
"[…] the TMB noted that the ATC does not contain any disposition that gives guidance on how the growth-on-growth provisions should be implemented in relation to Members acceding to the WTO several years after the entering into force of the WTO Agreement.
In the latter cases referred to above, the relevant issues such as the definition of the base levels to which the provisions of Article 2 of the ATC should apply and the manner in which to these base levels the increase in growth rates should be implemented had been agreed between the WTO Members and the new Members concerned as part of the respective negotiations upon accession to the WTO.
The TMB noted that (i) these matters had been agreed during the accession negotiations for the purpose of application of the respective provisions of the ATC, including its Article 2; (ii) the language regarding the growth-on-growth provisions in the respective working party reports contained explicit references to the application of the relevant articles of the ATC (notably, Articles 2.
Reaching an understanding within the TMB concerning the likely intention of the Members in this regard was, of course, not tantamount to providing an interpretation of the respective language, which is the exclusive authority of the Members that can be exercised through appropriate decisions of the Ministerial Conference or the General Council.
However, the TMB was of the view that the notion 'as appropriate' was related to one or to both of the following two matters: (i) which of the articles enumerated should apply in the given circumstances; (ii) what should be the date of their actual implementation or application.
The TMB had already been fully aware of the United States arguments included in paragraphs 10 and 12 when it examined the matter, reached its conclusions and, subsequently, adopted its recommendation.
At the same time, there was no justification, in the view of the TMB, to give such a far-reaching reading to the relevant provisions of the Working Party report that would have entitled the restraining Members to apply the 25 per cent increase in the respective growth rates prorated to the length of time of China's actual membership during Stage 2.
The TMB recalled that based on the argument examined above, the United States took the view that the methodology it used was consistent with paragraph 241 of the Working Party report and, therefore, it would not be appropriate to make any adjustment to the methodology applied.
Indeed, the United States did not provide any reason or argument for its inability to conform with the TMB's recommendation that had not already been raised by it earlier or would have been ignored by the TMB during previous stages of its examination of the same matter.
Conclusion and recommendation
Having given thorough consideration to the reasons presented by the United States for its inability to conform with the TMB's recommendation, the TMB concluded that these reasons did not lead it to change its recommendation adopted during its 96th meeting.

10, following the examination by the TMB, on 18 to 22 October 1999, of the provisional safeguard measure consisting of five quotas, introduced by Argentina on imports from Brazil of woven fabrics of cotton and cotton mixtures of products of categories 218 (woven cotton and cotton mixtures fabrics of yarns of different colours), 219/220 (duck/special-weave cotton and cotton mixtures fabrics), 224 (pile tufted cotton and cotton mixtures fabrics), 313/317 (sheeting/twill cotton and cotton mixtures fabric) and 613/617/627 (sheeting fabrics/twill and satin/staple-filament fibre combinations of cotton and cotton mixtures).
Argentina considered that it was not in a position to accept fully the TMB recommendations and considered it impossible to rescind the safeguard measures for the following reasons:
- Argentina considered that it had complied with the provisions of Article 6 of the ATC and that the elements demonstrating the existence of serious damage caused by an increase in imports were contained in the presentation made at the time Argentina had requested consultation with Brazil;
- the analysis made by the TMB of the grounds put forward by Argentina to justify the application of a transitional safeguard measure did not satisfy the provisions of Article 8.
As a consequence, the TMB had concluded that there was no increase in imports and had not, consequently, undertaken a determination of the attribution of damage as caused by specific Members, or an analysis of the causal relationship between increased quantities in total imports of the products of categories 218, 219/220, 224, 313/317 and 613/617/627 and the serious damage or actual threat thereof caused to the domestic industry producing like and/or directly competitive products.
5;
- also, with respect to the attribution of the damage to imports from Brazil, Argentina had taken into account the existence of a "sharp and substantial increase in imports … from such a Member or Members individually", as well as other factors such as "the level of imports as compared with imports from other sources, market share, and import and domestic prices at a comparable stage of commercial transaction".
The fact that such a level had been reached at a time when the sector experienced a worldwide price deflation enabled Argentina to characterise the situation experienced as "highly unusual and critical circumstances, where delay would cause damage which would be difficult to repair".
the lack of compliance with any of these basic conditions was enough to allow the TMB to make its conclusions without going through the entire process;
- the procedures followed by the TMB were not only fully consistent with the letter and spirit of Article 6 but also with the procedures followed by the TMB over the first five years of its work, and did not represent an interpretation of the ATC with higher standards of requirement than those of the ATC;
- Brazil disagreed with the statement made by Argentina that it had been denied the opportunity to present its view in full during the examination made by the TMB under Article 6.
10, it was required to give thorough consideration to the reasons given by the Member which considered itself unable to conform with the TMB’s recommendation and issue any further recommendations it considered appropriate forthwith.
In emphasising, in its report (G/TMB/R/58), that a determination of serious damage in the sense of Article 6 could not be based on developments that had affected the domestic industry years before the actual determination was being made, the TMB had stated that in examining such a determination, "… decisive guidance had to be provided by the developments which had occurred in the most recent period".
in the view of the TMB, that imports (that may have started to increase in the past) should have increased in the period which is close to the time when the safeguard measure is being provisionally imposed or the request for consultations is being made.
To sum up, following its finding that total imports had not increased in the recent period, the TMB could only conclude that these particular products were not being imported into Argentina in increased quantities close to the time when Argentina had requested consultations and introduced safeguard measures pursuant to Article 6.
2 did not allow for the application of transitional safeguard measures in cases where imports were declining, even though their share in the apparent market were increasing.
3 when it had established that imports had not been increasing in the recent period, the TMB noted that a determination of serious damage caused by increased quantities of imports was a staged process comprised of the following parts:
- verification of whether the product in question was being imported in increased quantities;
- determination of serious damage caused to the domestic industry;
- establishment of the causal link between the increased quantities of imports and the serious damage.
Argentina argued that "even though this does not follow the letter of the Agreement, for each category or group of categories information is attached in the Annex which enables this insubstantial omission from the original presentation to be overcome".
The TMB recalled that in its detailed examination of category 613/617/627 it had stated, in essence, that the difficulties facing the Argentinian industry "could arise from multiple reasons having a mutually reinforcing effect", these possible reasons being:
(a) a potential serious damage caused by increased quantities of imports;
(b) difficulties of a structural nature;
(c) possible business decisions taken by the integrated industry, such as shifting the production to other lines, reduced demand of further processed products, for which the products of category 613/617/627 were an input;
(d) a general contraction of the economy resulting from a recession.
the TMB noted that a general contraction of the economy had been identified by the TMB as only one of the possible elements that could have affected the domestic industry.
11 which requires the existence of "highly unusual and critical circumstances, where delay would cause damage which would be difficult to repair".
6, nor with the procedural requirements of Article 6, but had examined the determination made by Argentina as to whether particular products were being imported into its territory in such increased quantities as to cause serious damage to its domestic industry producing like and/or directly competitive products.
The TMB was of the view, however, that in its prompt examination of the matter it had given thorough consideration to it, as witnessed, inter alia, by the time it took to conduct and to conclude the examination and by the detailed elements contained in the Body’s report of that examination.
Having given thorough consideration to the reasons presented by Argentina for its inability to conform to the TMB's recommendation, the TMB concluded that these reasons did not lead it to change the conclusions and recommendations arrived at by it during its examination of the measures pursuant to Article 6.

World Trade
Organization G/TMB/20
29 October 1999 (99-4693) Textiles Monitoring Body

FIFTY-NINTH MEETING OF THE TMB

Note by the Chairman

The Textiles Monitoring Body met on 18 to 22 October 1999.
Argentina had decided to introduce, with effect from 31 July 1999 and for a duration of three years, a provisional safeguard measure on imports of woven fabrics of cotton and cotton mixtures, consisting of five quotas on imports from Brazil of products of categories 218 (woven cotton and cotton mixtures fabrics of yarns of different colours), 219/220 (duck/special-weave cotton and cotton mixtures fabrics), 224 (pile tufted cotton and cotton mixtures fabrics), 313/317 (sheeting/twill cotton and cotton mixtures fabric) and 613/617/627 (sheeting fabrics/twill and satin/staple-filament fibre combinations of cotton and cotton mixtures).
10, which is relevant to the examination of safeguard measures applied under Article 6 without the agreement of the Members concerned, states that "[i]n order to conduct such examination, the TMB shall have available to it the factual data provided to the Chairman of the TMB, referred to in paragraph 7 [of Article 6], as well as any other relevant information provided by the Members concerned".
11 of the ATC, the National Commission for Foreign Trade (CNCE) of Argentina had carried out an investigation to record and verify the trends in the main internal and external variables of all the enterprises which make up the industry producing woven fabrics of cotton and cotton mixtures, with the exception, for methodological reasons, of the denim manufacturing sector which, in view of its size and special nature, was considered to deserve separate analysis.
With a view to dissipating any possible misunderstanding, Argentina confirmed that the factual data provided by it had encompassed 100 per cent of the domestic industry and the sampling procedure had been solely used to verify, rectify or complement the data available;
- Argentina had first examined, in its general considerations, the evolution of certain economic variables, as mentioned below, for the whole industry producing woven fabrics of cotton and cotton mixtures except denim on a calendar-year basis for the period 1995–1998.
This situation, together with the above-mentioned fall in prices, had resulted in the value of domestic sales, which had remained steady or even increased slightly during the last three years, recording a fall of 22 per cent in 1998, an effect which was still intensifying.
It also showed that the damage was continuing and, given the time that had elapsed, had to be regarded not as a cyclic phenomenon but rather as a continuous and sustained trend which, if remedial action was not taken, would cause serious damage to the domestic industry.
The sector had continued to make substantial investments in order to maintain its competitiveness (see the general considerations above regarding the industry producing woven fabrics of cotton and cotton mixtures except denim) and, at the same time, because of the nature of the products in this category, there had been no changes in consumer preference.
The sector had continued to make substantial investments in order to maintain its competitiveness (see the general considerations above regarding the industry producing woven fabrics of cotton and cotton mixtures except denim) and, at the same time, because of the nature of the products in this category, there had been no changes in consumer preferences.
Throughout the period up to 1998, imports had maintained their share of apparent consumption at levels of around 27 per cent, a figure which had risen to 29 per cent in the last 12 months to April 1999.
As a result of imports, between 1995 and the year ending April 1999 the domestic producers had lost 38 per cent of their share of apparent consumption, while during the same period the ratio of imports to domestic production had increased by 300 per cent so that now imports and domestic output were almost equal in volume terms (domestic output 9,646 tons, imports 9,673 tons).
2 that "on the basis of a determination by a Member, it is demonstrated that a particular product is being imported into its territory in such increased quantities as to cause serious damage, or actual threat thereof, to the domestic industry producing like and/or directly competitive products" should be viewed essentially with respect to the data referring to the representative period indicated in Article 6.
3 per cent between the calendar year 1998 and the period May 1998/April 1999 could not be taken as a reversal of the decrease experienced in 1998, and the trend in imports did not endorse the imposition of safeguard measures, much less so of an emergency action under Article 6.
8, and one could ask how a decrease in imports of 535 tons in 1998 and an increase of 92 tons in the period May 1998/April 1999 could entail a reduction of the magnitude of more than 2000 tons in domestic output that had occurred during each of those two periods.
Though Argentina had explained that there had not been indications referring to the existence of seasonal factors, the TMB was of the view that the availability of data for the calendar-year 1998 and for the period May 1998/April 1999 could give an indication for comparing trends between January-April 1998 and the same period in 1999, but did not allow for more far-reaching comparisons.
Examination category by category
Category 218 (woven cotton and cotton mixtures fabrics of yarns of different colours)
The TMB noted that Argentina had presented the following data regarding developments in total imports for the period 1995 – May 1998/April 1999:
Year Imports Base 1995=100 Previous year=100 1995 867,919 100 100 1996 1,641,156 189 189 1997 1,745,013 201 106 1998 1,480,948 171 85 May 1998/April 1999 1,487,948 171 -
The TMB observed that imports in 1998 had decreased by 15 per cent in volume terms compared to 1997, and that this trend had not been reversed during the most recent period for which data were available.
While the data related to May 1998/April 1999 could not reliably be compared to those for the calendar year 1998, imports during this most recent period did not show an important increase.
Although the market share of imports and inventories had continuously increased and domestic prices decreased, the information at hand, in particular developments in output and in the apparent consumption did not support a conclusion according to which a causal link between the situation experienced by the industry at the time Argentina had introduced the safeguard measure and the evolution of imports could be established.
The TMB also noted that Argentina had, in addition, provided data for imports for the period May 1998/April 1999 which showed that imports were, during this 12-month period, at a level 1.
In this regard, the TMB observed that the data for the two periods could not be directly compared, and that, furthermore, it was not in a position to assess whether this latest evolution relating to the period January-April 1999, indicated a lasting trend or was of a temporary nature.
Though the sector including, among others, category 613/617/627 had continued to make substantial investments in order to maintain competitiveness, the excessive increase in imports during the period under investigation had caused serious damage to the domestic industry manufacturing goods pertaining to this category, and this damage could not be attributed to technological innovation or changes in consumer preferences.
It could be observed that though exports fluctuated during the period investigated, their volume and share compared to the total output (less than 1 per cent) indicated that exports practically had no real effect on the state of and development in the domestic industry.
The share of imports in the apparent consumption showed a relatively sharply increasing trend: about 20 per cent in 1995, 30 per cent in 1996, 41 per cent in 1997, 48 per cent in 1998 and 50 per cent in the period May 1998/April 1999.
This development could be an indication of a reduced demand for the end-products for which the goods covered by categories 613/617/627 constituted an input, and could perhaps be motivated by either a shift in the production lines or by a more general contraction of the internal demand in the Argentinean market, or simply by the industry’s reliance on cheaper input for the production of downstream products.
In turning to the overall assessment of the state of the domestic industry, as reflected in changes in the different economic variables and as described in the previous paragraphs, the TMB recognized that the industry producing products of category 613/617/627 had been affected by unfavourable developments, and that the difficulties experienced did not seem to be over.
11 which provided that "[i]n highly unusual and critical circumstances, where delay would cause damage which would be difficult to repair, action under paragraph 10 [of Article 6] may be taken provisionally on the condition that the request for consultations and notification to the TMB shall be effected within no more than five working days after taking the action.
The TMB observed that the conclusions of the introductory part of the written factual information provided by Argentina, containing "general considerations concerning the state of the domestic industry manufacturing woven fabrics of cotton and cotton mixtures …" contained, inter alia, the following statement:
"Our analysis of the variables, collectively and individually, clearly shows that the industry in question has suffered damage during the period under investigation.
It also shows that the damage is continuing and given the time that has elapsed must be regarded not as a cyclic phenomenon but rather as a continuous and sustained trend which, if remedial action is not taken, will cause serious damage to the domestic industry".