DOJ Drops Appeal, Cementing Setback For Chilean Grape Exports To U.S.

The U.S. Department of Justice has withdrawn its appeal of a federal court ruling that blocks the use of a key import protocol for Chilean table grapes, effectively solidifying new restrictions on shipments to the United States, according to a post by Frutas de Chile. 

The decision upholds a September 2025 ruling by a Washington, D.C., federal court that suspended the so-called “systems approach” for Chilean grape imports—a framework that had allowed fruit to enter the U.S. without mandatory fumigation. 

The move leaves Chilean exporters facing stricter phytosanitary requirements, including the need to fumigate grapes with methyl bromide, a process that industry leaders say raises costs and can negatively affect fruit quality. 

The legal battle traces back to October 2024, when U.S. table grape groups—including the California Table Grape Commission and others—filed suit against the U.S. Department of Agriculture (USDA). They argued that allowing non-fumigated Chilean grapes into the country posed a potential pest risk to domestic crops. 

The USDA had previously approved the systems approach after years of bilateral negotiations with Chile. The protocol relied on multiple pest-mitigation measures—such as inspections and treatments at origin—rather than a single postharvest fumigation step. 

However, the federal court ruling vacated that approval, forcing regulators to revert to more traditional import safeguards. 

Following the court decision, the USDA—through the DOJ—filed an appeal in late 2025 in an effort to reinstate the protocol. That appeal has now been dropped, though officials have not publicly detailed the reasoning behind the decision. 

By withdrawing the appeal, the DOJ effectively affirms the lower court’s ruling, leaving Chilean exporters with limited options to challenge the outcome in the near term. 

Chilean industry representatives say the consequences are significant. The United States is the country’s top market for table grapes, generating roughly $600 million per season. 

Industry group Frutas de Chile has characterized the decision as a major setback, noting that the systems approach was the result of more than two decades of technical collaboration and scientific validation between the two countries. 

The suspension has already disrupted at least one export season under the protocol, according to industry officials. 

Despite the ruling, discussions are ongoing. U.S. regulators are reportedly evaluating whether a revised, region-specific version of the systems approach could eventually be implemented for certain Chilean growing areas. 

For now, however, exporters must comply with fumigation requirements, adding cost and logistical complexity to shipments destined for the U.S. market.

Chilean industry leaders say they will continue working with both governments to find a long-term solution that balances trade access with plant health protections.