Peru — Additional Duty on Imports of Certain Agricultural Products

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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(as cited in request for consultations)
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Complaint by Guatemala.

On 12 April 2013, Guatemala requested consultations with Peru with respect to the imposition by Peru of an “additional duty” on imports of certain agricultural products, such as rice, sugar, maize, milk and certain dairy products.

Guatemala claims that the measure at issue is inconsistent with:

  • Article 4.2 and footnote 1 of the Agreement on Agriculture;
  • Articles II:1(a), II:1(b), X:1, X:3(a), XI and XI:1 of the GATT 1994; and
  • Articles 1, 2, 3, 5, 6 and 7 of the Customs Valuation Agreement.

On 13 June 2013, Guatemala requested the establishment of a panel.  At its meeting on 25 June 2013, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 23 July 2013, the DSB established a panel. Argentina, China, El Salvador, the European Union, India and the United States reserved their third party rights.  Subsequently, Brazil, Ecuador, Honduras and Korea reserved their third party rights. Following the agreement of the parties, the panel was composed on 19 September 2013.

On 17 March 2014, the Chair of the panel informed the DSB that the panel expects to issue its final report to the parties by September 2014, in accordance with the timetable adopted after consultation with the parties. On 25 September 2014, the Chair of the panel informed the DSB that in light of modifications to the timetable that were requested by the parties, the panel expects to issue its final report to the parties in October 2014.


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