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Complaint by India.
On 30 December 1994, India
requested consultations with the United States concerning the transitional
safeguard measure imposed by the United States. India claimed that the
safeguard measure is inconsistent with Articles 2, 6 and 8 of the ATC.
On 14 March 1996, India requested the establishment of
a panel. At its meeting on 27 March 1996, the DSB deferred the
establishment of a panel.
Panel and Appellate Body proceedings
Further to a second request to establish a panel
by India, the DSB meeting established a panel at its meeting on 17 April
1996. Canada, the EC, Norway, Pakistan and Turkey reserved their third
party rights. On 24 June 1996, the Panel was composed. The report of the
Panel was circulated to Members on 6 January 1997. The Panel found that
the safeguard measure imposed by the United States violated the provisions
of the ATC.
On 24 February 1997, India notified its intention to
appeal certain issues of law and legal interpretations developed by the
Panel. The report of the Appellate Body was circulated to Members on 25
April 1997. The Appellate Body upheld the Panel’s decisions on those
issues of law and legal interpretations that were appealed against.
The Appellate Body report and the Panel report, as upheld by the
Appellate Body, were adopted by the DSB on 23 May 1997.
The US announced that the measure
was withdrawn as at 22 November 1996, before the Panel had concluded its
work. Therefore, no implementation issue arose.
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