Dispute Settlement DS351

22/05/2013 12:00 - 1262 Views

Chile — Provisional Safeguard Measure on Certain Milk Products

Authority for panel lapsed on 1 August 2008 

Key facts  

Short title: Chile — Milk Safeguards
Complainant: Argentina
Respondent: Chile
Third Parties: United States
Agreements cited:
(as cited in request for consultations)
GATT 1994: Art. II:1XIX,XIX:1XIX:2
Safeguards: Art. 233.145,5.161212.4
Request for Consultations received: 25 October 2006


Summary of the dispute to date  

The summary below was up-to-date at 24 February 2010 


Complaint by Argentina.

On 25 October 2006, Argentina requested consultations with Chile concerning the imposition by Chile of a provisional safeguard measure on imports of certain milk products. The measure in question includes Exempt Decree No. 278, published in the Official Journal of 13 October 2006, the amendments and extensions thereto, and any related amendments;  and Record No. 282 of the National Commission responsible for investigating distortions.  The Argentine Government considers that this measure is inconsistent with:

  • Articles I and XIX of the GATT 1994;  and 
  • Articles 2, 3.1, 4, 5.1, 6 and 12.4 of the Safeguards Agreement.

On 8 March 2007, Argentina requested the establishment of a panel. At its meeting on 20 March 2007, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 24 April 2007, the DSB established a panel. The United States reserved its third-party rights. On 15 June 2007, the Panel was composed. On 31 July 2007, Argentina requested the Panel to suspend its work in accordance with Article 12.12 of the DSU. On 3 August 2007, the Chairman of the Panel informed the DSB that it had agreed to this request and that it would suspend its work until further notice.



As the Panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the Panel lapsed as of 1 August 2008. 

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