DS: India — Measures Concerning Sugar and Sugarcane

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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Summary of the dispute to date

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Complaint by Guatemala (See also DS579 and DS580)

On 15 March 2019, Guatemala requested consultations with India concerning domestic support measures allegedly maintained by India in favour of producers of sugarcane and sugar (domestic support measures), as well as all export subsidies that India allegedly provides for sugarcane and sugar (export subsidy measures).

Guatemala claimed that the domestic support measures appear to be inconsistent with:

  • Articles 3.2, 6.3 and 7.2(b) of the Agreement on Agriculture.

Guatemala claimed that the export subsidy measures appear to be inconsistent with:

  • Articles 3.3, 8, 9.1 and 10.1 of the Agreement on Agriculture; and
  • Article 3 of the SCM Agreement.

Guatemala submitted, together with its consultations request, a statement of available evidence pursuant to Article 4.2 of the SCM Agreement.

On 27 March 2019, Thailand requested to join the consultations. On 28 March, Australia requested to join the consultations. On 29 March 2019, Brazil, Costa Rica and the Russian Federation requested to join the consultations. On 1 April 2019, the European Union requested to join the consultations.


Panel and Appellate Body proceedings

On 11 July 2019, Guatemala requested the establishment of a Panel. At its meeting on 22 July 2019, the DSB deferred the establishment of a panel.

At its meeting on 15 August 2019, the DSB established a panel. Australia, Brazil, Canada, China, Colombia, Costa Rica, El Salvador, the European Union, Honduras, Indonesia, Japan, Panama, the Russian Federation, Thailand and the United States reserved their third-party rights.

On 16 October 2019, Guatemala requested the Director-General to compose the panel. On 28 October 2019, the Director-General composed the panel.



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