. /.   WORLD TRADE  
ORGANIZATION  G/SG/87 
16 October 2009 
 
 (09-5108) 
Committee on Safeguards Original:   Spanish 
  
 
IMPOSITION BY CHILE OF A PROVISIONAL SAFEGUARD MEASURE 
ON IMPORTS OF POWDERED MILK AND GOUDA CHEESE 
 
Request for Consultations under Article 12
 
of the Agreement on Safeguards  
 
ARGENTINA 
   The following communication, dated 15 October 2009, is being circulated at the request of 
the delegation of Argentina. 
 
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  The delegation of Argentina hereby requests consultations with Chile  under Article 12.4 of 
the Agreement on Safeguards.  This request is  made in connection with the imposition by the 
Chilean Government of a provisional safeguard  measure on imports of  powdered milk and 
Gouda cheese.   On 18 September 2009, Chile notified the WTO (G/SG/N/6/CHL/12) that its National 
Commission responsible for investigating distortions  in the price of imported goods had initiated an 
investigation on whole and skimmed powdered milk  and Gouda cheese.  On 8 October 2009, pursuant 
to Ministry of Finance Decree No. 1096, Chile imposed a provisional safeguard measure on imports of powdered milk and Gouda cheese, consisting of establishing an ad valorem  tariff surcharge of 
15 per cent on imports of the products listed ther ein.  This measure was notified to the WTO on 
9 October 2009 (G/SG/N/7/CHL/9). 
 
 Argentina is seriously concerned about th e consistency of this measure with the 
Agreement on Safeguards.   From the scant information available so far, it considers that the requirements laid down in 
the Agreement on Safeguards for the adoption of a provisional safeguard measure have not been 
satisfied.   The available facts do not justify the conclusion that there are critical circumstances requiring the adoption of a provisional measure or that there has been an increase in im ports in absolute terms 
or relative to domestic production, nor does there app ear to be any clear evidence that the increase in 
imports has caused serious injury or threat of serious injury, nor has the existence of critical 
circumstances been proved whereby any delay would l ead to irreparable injury  such as to justify the 
adoption of a provisional measure.  Neither has the dur ation of the measure been specifically notified. 
  Furthermore, the notification and publication ob ligations laid down in the Agreement do not 
appear to have been complied with.  In these ci rcumstances, and since the consultations which, under G/SG/87 
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  the Agreement on Safeguards, should commence i mmediately, have not taken place, Argentina 
formally requests the holding of consultations under Article 12.4 with the objective of reviewing the 
information provided and obtaining further info rmation concerning the safeguard measure, and 
requests Chile not to take any further m easures until consultations have taken place. 
 
 Accordingly, it is proposed that consultations be  held forthwith at a mutually agreed date and 
place.   Argentina reserves all its rights under the Agreem ent on Safeguards, in particular Article 14, 
as well as under the Understanding on Rules a nd Procedures Governing the Settlement of 
Disputes (DSU). 
 
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