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DISPUTE SETTLEMENT: DISPUTE DS33

United States — Measures Affecting Imports of Woven Wool Shirts and Blouses from India

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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The summary below was up-to-date at
See also: One-page summary of key findings of this dispute

Consultations

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.

Withdrawal/termination

The US announced that the measure was withdrawn as at 22 November 1996, before the Panel had concluded its work.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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