./.WORLD TRADE
ORGANIZATIONWT/DS232/1
G/L/450G/TBT/D/23
G/LIC/D/32
28 May 2001
(01-2608)
Original:  Spanish
MEXICO – MEASURES AFFECTING THE IMPORT OF MATCHES
Request for Consultations by Chile
The following communication, dated 17 May 2001, from the Permanent Mission of Chile to
the Permanent Mission of Mexico and to the Chairman of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
_______________
I have the honour to write with reference to the measures applied by the Government of
Mexico which impede access and marketing of safety matches of Chilean origin in the Mexican
market.
The measures listed below are among the technical regulations that constitute unnecessary
barriers to the access and marketing of Chilean safety matches.
NOM-052-ECOL-1993 Establishing the characteristics and list of hazardous wastes as well as
the thresholds making waste hazardous on grounds of environmental
toxicity.
NOM-002-SCT2-1994 List of comm only transported dangerous substances and materials.
NOM-003-SCT2-1994 Concerning land transport of dangerous materials and wastes.
Characteristics of labelling of containers and packaging intended for thetransport of dangerous materials and wastes.
NOM-004-SCT2-1994 Identification system for units used to transport dangerous materials and
wastes by land.
NOM-005-SCT2-1994 Emergency information for transport by land of dangerous substances,
materials and wastes.
NOM-006-SCT2-1994 Basic guidelines for the daily sight inspection of units intended for the
transport by road of dangerous materials and wastes.
NOM-007-SCT2-1994 Marking of containers and packaging intended for the transport of
dangerous substances and wastes.
NOM-009-SCT2-1994 Compatability for storage and transport of dangerous substances,
materials and wastes of class 1 explosives.WT/DS232/1, G/L/450,
G/TBT/D/23, G/LIC/D/32
Page 2
NOM-010-SCT2-1994 Provisions concerning compatibility and separation for the storage and
transport of dangerous substances, materials and wastes.
NOM-011-SCT2-1994 Conditions for the transport of dangerous substances, materials and
wastes in small quantities.
NOM-018-SCT2-1994 Provisions concerning the loading, load placement and unloading of
dangerous materials and wastes in rail haulage units.
NOM-019-SCT2-1994 General provisions on the cleaning and monitoring of residues of
dangerous substances and wastes in units transporting dangerous
materials and wastes.
NOM-020-SCT2-1995 General requirements for the design and construction of road tankers for
the transportation of dangerous materials and wastes, specifications
SCT 306, SCT 307 and SCT 312.
NOM-118-SCFI-1995 Match industry – Matches – Safety Specifications
Law on the Control of Arms and Explosives
Federal Metrology and Standardization Law
Regulations to the Federal Metrology and Standardization Law
Regulations on Transport by Land of Dangerous Materials and Wastes
The problems on the Mexican market go back to 1993, when it was decided that safety
matches constitute an explosive and dangerous pr oduct, owing to a confusion between the chemical
element "fósforo" (phosphorus) and the product "fósforos (o cerillos) de seguridad" (safety matches).
Hence, Chilean safety matches have been subject to the control of the Department of National
Defence, and thus to a series of packaging, importation, customs clearance, transport and storagerequirements that properly apply to explosives and other dangerous substances, with the intent and
effect of providing protection to the Mexican industry.
My Government considers that these measures are incompatible with various
WTO provisions, including inter alia , Articles 1, 2 and 5 of the Agreement on Technical Barriers to
Trade, Articles 1, 3 and 5 of the Agreement on Import Licensing Procedures, and Article III,
paragraph 4, of the General Agreement on Tariffs and Trade 1994.
Since 1993, my Government has made various approaches to and held consultations with the
authorities of the Federal Government of Mexico in order to remove these measures.  Since this has
not been possible, I have been instructed by my Government to request consultations under
Article XXII of the General Agreement on Tariffs and Trade 1994 and Article 4 of the Understandingon Rules and Procedures Governing the Settlement of Disputes.
I await your reply to this request with a view to setting a mutually convenient date for holding
the consultations.
__________