Dispute Settlement DS356

22/05/2013 12:00 - 1156 total view

Chile — Definitive Safeguard Measures 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. IXIX
Safeguards: Art. 23.145.17.1,12.2
Agreement Establishing the World Trade Organization: Art. XVI:4
Request for Consultationsreceived: 28 December 2006

Summary of the dispute to date 

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

Consultations

Complaint by Argentina.

On 28 December 2006, Argentina requested consultations with Chile concerning the definitive safeguard measure imposed by Chile on imports of certain milk products from Argentina. Argentina considers that the definitive safeguard measure is inconsistent with:

  • Article XVI:4 of the WTO Agreement;
  • Articles I and XIX of GATT 1994; and
  • Articles 2, 3.1, 4, 5.1, 7.1 and 12.2 of the Agreement on Safeguards.

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.

Withdrawal/termination

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.