Dispute Settlement DS393

17/05/2013 12:00 - 863 Views

Chile — Anti-Dumping Measures on Imports of Wheat Flour from Argentina

Short title:
Complainant:	Argentina
Respondent:	Chile
Third Parties:
Agreements cited: (as cited in request for consultations)	Anti-dumping (Article VI of GATT 1994): Art.1, 2.1, 2.2, 2.2.1, 2.2.2, 2.4, 3.1, 3.2, 3.4,3.5, 3.7, 3.8, 5.2, 5.3, 5.4, 5.8, 5.10, 6.1,6.1.3, 6.2, 6.6, 6.8, 6.10, 6.14, 7.1, 7.5,9.2, 9.3, 12.1, 12.1.1, 12.2, 12.2.1, 18.1,18.3, 18.4, Annex II GATT 1994: Art. VI Agreement Establishing the World Trade Organization: Art. XVI
Request for Consultationsreceived:	14 May 2009

Consultations

Complaint by Argentina.

On 14 May 2009, Argentina requested consultations with Chile with respect to anti-dumping measures taken by Chile on imports of wheat flour from Argentina. In its request, Argentina also targets Chile's anti-dumping legislation, which in Argentina's view is inconsistent with Chile's obligations under the WTO agreements.

According to Argentina, the anti-dumping measures imposed by Chile on wheat flour from Argentina are inconsistent with a number of WTO provisions, including, but not limited to:

Articles 1, 2 (2.1, 2.2, 2.2.1, 2.2.2 and 2.4), 3 (3.1, 3.2, 3.4, 3.5, 3.7 and 3.8), 5 (5.2, 5.3, 5.4 and 5.8), 6 (6.1, 6.1.3, 6.2, 6.6, 6.8 and 6.10), 7 (7.1 and 7.5), 9 (9.2 and 9.3), 12 (12.1, 12.1.1, 12.2 and 12.2.1), 13, 18 (18.1 and 18.3) and Annex II of the Anti-Dumping Agreement;
Article VI of the GATT 1994; and
Article XVI of the Marrakech Agreement.

The Chilean anti-dumping investigation on imports of wheat flour from Argentina was initiated in April 2008. A provisional anti-dumping duty was imposed in July 2008 and a definitive duty in January 2009, both at a 30.3 per cent ad valorem rate. Argentina's complaint extends to the investigation conducted by the Chilean authorities, the determinations that were made therein and the measures that were imposed.

Argentina's request also extends to the Chilean anti-dumping legislation contained in Law 18,525 and in Supreme Decree 575 from the Ministry of Finance. In Argentina's opinion, this legislation seems to be inconsistent with Chile's obligations under the WTO agreements. In particular, Argentina argues that the legislation is contrary to a number of provisions, including, but not limited to:

Articles 1, 2 (2.1), 5 (5.1, 5.2, 5.4 and 5.10), 6 (6.14), 7 (7.1(i) and (ii), 7.3 and 7.4), 13, 18 (18.1, 18.3 and 18.4) of the Anti-Dumping Agreement;
Article VI of the GATT 1994; and
Article XVI.4 of the Marrakech Agreement.

With respect to the measures identified, Argentina's request also extends to any amendments, replacements, extensions, implementing measures, and more generally to any other related measures.