PERU – ADDITIONAL DUTY ON IMPORTS OF CERTAIN AGRICULTURAL PRODUCTS STATUS REPORT BY PERU
Document: STATUS REPORT
Date: 5 April 2016
Document codes: WT/DS457/17
Complainant: Guatemala
Respondent: Peru
Third parties: Argentina, China, El Salvador, EU, India, U.S., Brazil, Ecuador, South Korea, Honduras, Colombia
Dispute stage: Appellate Body
Agreements cited: Art. 4.2  AgricultureArt. II:1, XI:1, X:1, X:3(a)  GATT 1994Art. 1, 2, 3, 5, 6, 7  Customs valuationArt. 3.8  Dispute Settlement Understanding (DSU)

PERU – ADDITIONAL DUTY ON IMPORTS OF CERTAIN AGRICULTURAL PRODUCTS
STATUS REPORT BY PERU
The following communication, dated 29 March 2016, from the delegation of Peru to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the DSB
Recommendations and Rulings in the Dispute
Peru – Additional Duty on Imports of
Certain Agricultural Products
(DS457)

Peru is submitting this report pursuant to Article 21.6 of the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).

On 31 July 2015, the Dispute Settlement Body (DSB) adopted its recommendations and rulings in
the dispute Peru – Additional Duty on Imports of Certain Agricultural Products (WT/DS457). At the
DSB meeting of 31 August 2015, Peru notified that it would comply with the recommendations and
rulings in the dispute in a manner which respected its WTO obligations, but that it would need a
reasonable period of time to do so. On 16 December 2015, in conformity with Article 21.3(c) of the
DSU, the arbitration award was circulated, determin ing the reasonable period of time for Peru to
implement the recommendations and rulings of the DSB to be 7 months and 29 days, to expire on
29 March 2016.

Accordingly, in order to bring the additional duties resulting from the application to certain
agricultural products of the Price Range System – established by Supreme Decree No. 016-91-AG
and amended by Supreme Decree No. 115-2001-EF – into line with Peru's WTO obligations, the
Price Range System was revised, in advance and in line with the DSB's recommendations, in
accordance with its tariff policy guidelines, and the recommendations were adopted. Thus, Peru
hereby informs the DSB that it has adopted the necessary measures to comply with the
recommendations and rulings in this dispute.

Following this revision, Peru published two pieces of legislation
* in the Official Journal El Peruano
modifying the duties resulting from the applic ation of the Price Range System: Supreme Decree
No. 103-2015-EF (published on 1 May 2015) and Supreme Decree No. 055-2016-EF (published on
28 March 2016). The changes introduced to bring the measure into line with multilateral trade
rules are as follows:
 The additional duties resulting from the application of the Price Range System added to
the c.i.f. ad valorem duties must not exceed a maximum of 20% of the c.i.f. value of the
goods.
 Articles 2, 4 and 7, paragraph 3 of Annex II, and paragraphs 1, 2 and 3 of Annex III of
Supreme Decree No. 115-2001-EF were amended.

* In Spanish only.

 Article 5, paragraph 4 of Annex II, and Annex V of Supreme Decree No. 115-2001-EF
and Supreme Decree No. 411-2015-EF approvin g the update of the customs tables
applicable to the importation of products included in the Price Range System, were
repealed.
 The update of the customs tables applicable to the importation of products included in
the Price Range System were approved; the tables will remain in force until
30 June 2016.
We note that the changes include the elimination of the adjustment factor that had been used
specifically to calculate the additi onal duties applicable to imports of sugar, as well as the factor
associated with import costs for the determination of the specific duties. At the same time, it was
decided that the additional duty resulting from the application of the Price Range System would
apply as from the entry into force of the Resoluti on issued by the Deputy Minister of the Economy
determining the reference prices and the additional duties to be applied.

Thus, by introducing the above-mentioned change s to the Price Range System, Peru has complied
with the recommendations and rulings of the DSB in this dispute, in full conformity with its
commitments under the multilateral trading system.

PP 4-16 Offset (pdf file attached).