DISPUTE SETTLEMENT: DISPUTE DS430

India — Measures Concerning the Importation of Certain Agricultural Products 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.

  

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Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

Summary of the dispute to date  back to top

The summary below was up-to-date at

Consultations

Complaint by the United States

On 6 March 2012, the United States requested consultations with India with respect to the prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to Avian Influenza. 

The measures at issue are: the Indian Livestock Importation Act, 1898 (9 of 1898) ("Livestock Act"); a number of orders issued by India's Department of Animal Husbandry, Dairying, and Fisheries pursuant to the Livestock Act, most recently S.O. 1663(E); as well as any amendments, related measures, or implementing measures.

The United States claims that the measures appear to be inconsistent with:

  • Articles 2.2, 2.3, 3.1, 5.1, 5.2, 5.5, 5.6, 5.7, 6.1, 6.2, 7, and Annex B, paragraphs 2, 5 and 6 of the SPS Agreement; and
     
  • Articles I and XI of the GATT 1994.

The United States also claims that the measures appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On 15 March 2012, Colombia requested to join the consultations.

On 11 May 2012, the United States requested the establishment of a panel.  At its meeting on 24 May 2012, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 25 June 2012, the DSB established a panel.  China, Colombia, Ecuador, the European Union, Guatemala, Japan and Viet Nam reserved their third party rights.  Subsequently, Argentina, Australia and Brazil reserved their third-party rights. On 7 February 2013, the United States requested the Director-General to determine the composition of the panel.  On 18 February 2013, the Director-General composed the panel. On 5 August 2013, the Chair of the panel informed the DSB that the panel expects to issue its final report to the parties no sooner than June 2014, taking into account the scale and complexity of the dispute.

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