DS: Chile — Definitive Safeguard Measures on Certain Milk 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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Summary of the dispute to date

The summary below was up-to-date at


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 3 August 2007, the Chair of the panel informed the DSB that it had accepted Argentina' s request of 31 July 2008 that the panel suspend its work in accordance with Article 12.12 of the DSU.



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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