DS: Chile — Definitive Safeguard Measure on Imports of Fructose

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.


See also:

back to top

Current status


back to top

Key facts


back to top

Latest document


back to top

Summary of the dispute to date

The summary below was up-to-date at


Complaint by Argentina.

On 20 December 2002, Argentina requested consultations with Chile concerning a definitive safeguard measure on imports of certain kinds of fructose. Chile imposed the measure on 19 November 2002 for a period of one year backdated to 30 July 2002, at a rate of 14% ad valorem.

Argentina alleges that Chile’s safeguard measure violates Article XIX:1(a) of GATT 1994 and Articles 2.1, 3.1, 3.2, 4.1(b), 4.1(c), 4.2(a,) 4.2(b), 5.1, 7.1 and 7.5 of the Safeguards Agreement, for the following reasons:

  • there were no unforeseen developments which justified the measure;
  • the investigation was not based on a like or directly competitive product;
  • there was no determination of an increase in imports;
  • the injury factors did not justify the determination of a threat of serious injury;
  • there was no objective determination of a causal link between the increase in imports and the threat of serious injury;
  • the investigating authorities’ report was not published and did not contain findings and reasoned conclusions on all pertinent issues of fact and law;
  • the measure is applied beyond the permissible extent; and
  • Chile reapplied the measure before the end of the minimum permitted non-application period.


Follow this dispute


Problems viewing this page? If so, please contact [email protected] giving details of the operating system and web browser you are using.