Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - AB-2002-2 - Report of the Appellate Body

I.                   Introduction

1.                  Chile appeals certain issues of law and legal interpretations developed in the Panel Report, Chile –Price Band System and Safeguard Measures Relating to Certain Agricultural Products  (the "Panel Report").[1] 

2.                  The Panel was established on 12 March 2001 to consider a complaint by Argentina with respect to: (i) Chile's price band system for certain agricultural products; and (ii) Chile's provisional and definitive safeguard measures imposed on the same products.[2]  Before the Panel, Argentina claimed that Chile's price band system is inconsistent with Article II:1(b) of the General Agreement on Tariffs and Trade 1994  (the "GATT 1994") and Article 4.2 of the Agreement on Agriculture.  Argentina also claimed that the safeguard measures imposed by Chile constitute a violation of Article XIX:1(a) of the GATT 1994 and certain provisions of the Agreement on Safeguards.

[1]WT/DS207/R, 3 May 2002.

[2]WT/DS207/3, 23 May 2001.  We note that Chile's price band system also applies to sugar.  In its request for establishment of a Panel, Argentina challenges Chile's price band system generally without referring to any specific product categories.  We note that the Panel's analysis of Chile's price band system covers the wheat, wheat flour and edible vegetable oil bands, but does not cover the sugar band.