ON THIS PAGE:   Key facts   Summary of the dispute to date

home > trade topics > dispute settlement > the disputes >

DISPUTE SETTLEMENT: DISPUTE DS360

India — Additional and Extra-Additional Duties on Imports from the United States

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.

See also:
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding

Key facts  back to top

Summary of the dispute to date  back to top

Summary up-to-date at

Panels established by DSB/reports not yet circulated

Complaint by the United States.

On 6 March 2007, the United States requested consultations with India with respect to “additional duties” or “extra additional duties” that India applies to imports from the United States, which include (but are not limited to) wines and distilled products (HS2204, 2205, 2206 and 2208. The measures include:

• Sections 2 and 3, and First Schedule, of the Customs Tariff Act, 1975 (“basic customs duty”, “additional duty” and “extra additional duty”;
    
• Section 12 of the Customs Act, 1962 (“basic customs duty”);
    
• Customs Notification No. 5/2004 (8 January 2004) (“basic customs duty” inter alia on spirits);
    
• Customs Notification No. 20/1997 (1 March 1997) (“basic customs duty” inter alia on wine);
    
• Customs Notification No. 32/2003 (1 March 2003) (“additional duty” inter alia on wine and spirts);
    
• Customs Notification No. 19/2006 (1 March 2006) (“extra additional duty” inter alia on wine and spirits)

as well as any amendments, related measures or implementing measures.

The United States claims that the measures are inconsistent with Articles II:1(a) and (b), and III:2 and III:4 of the GATT 1994.

On 16 March 2007, the European Communities requested to join the consultations. On 21 March 2007, Australia requested to join the consultations. Subsequently, India informed the DSB that it had accepted the request of the European Communities to join the consultations. On 24 May 2007, the United States requested the establishment of a panel. At its meeting on 4 June 2007, the DSB deferred the establishment of a panel. At its meeting on 20 June 2007, the DSB established a panel. Australia, Chile, the European Communities, Japan and Viet Nam reserved their third-party rights. On 3 July 2007, the panel was composed. On 17 December 2007, the Chairman of the Panel informed the DSB that due to the complexity of the dispute, and the administrative and procedural matters involved, the Panel is not able to complete its work in six months. The Panel expects to issue its final report to the parties in the course of March 2008.

> Problems viewing this page?
Please contact webmaster@wto.org giving details of the operating system and web browser you are using.