Aerolineas Argentinas, S.A.

Order 03-11-26
OST-03-15092 - Section 41310(c)(2) International Air Transportation Fair Competitive Practices Act, as amended

Issued November 19, 2003 | Served November 25, 2003

Final Order | Word

No party has persuaded us to alter our tentative decision. Indeed, both Aerolineas and the Government of Argentina acknowledge in their submissions that treatment of U.S. carriers and of Aerolineas is different. Although the Executive Branch argues that it is not responsible for and cannot alter a decision of the Argentine judiciary, nevertheless, both the Executive and the Judiciary are components of the Government of the Argentina, and the Government of Argentina is a signatory to an agreement with the Government of the United States which states that “airlines shall not be required to pay charges higher than those paid by airlines of the charging Party.

Notwithstanding these circumstances, U.S. carriers have not been given any relief from the higher fees required by the Government of Argentina for U.S. carrier services at Ezeiza, and Aerolineas continues to be afforded special treatment so that it pays lesser fees for services to Ezeiza. We have no basis to conclude, either from the record in this proceeding or from diplomatic communications, that the Government of Argentina will be taking any immediate action to eliminate the disparate treatment or otherwise provide relief to the complainant U.S. carriers. We have concluded that our announced countermeasure would constitute effective and proportionate relief in the circumstances presented.

By: Michael Reynolds