DS: India — Additional duties on certain products from the United States

back to top

Current status

 

back to top

Key facts

 

back to top

Latest document

  

back to top

Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the United States (See also DS557, DS558, DS559, DS560, DS561 and DS566)

On 3 July 2019, the United States requested consultations with India regarding India's imposition of additional duties with respect to certain products originating in the United States.

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

• Articles I:1, II:1(a), and II:1(b) of the GATT 1994.

 

Panel and Appellate Body proceedings

On 19 September 2019, the United States requested the establishment of a Panel. At its meeting on 30 September 2019, the DSB deferred the establishment of a panel.

At its meeting on 28 October 2019, the DSB established a panel. Brazil, Canada, China, the European Union, Guatemala, Indonesia, Japan, Malaysia, Mexico, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Turkey, Ukraine and Venezuela reserved their third-party rights.

Following agreement of the parties, the panel was composed on 7 January 2020.

On 2 June 2020, the Chair of the panel informed the DSB that, due to the complexity of this dispute and the need to postpone the first substantive meeting of the panel with the parties due to the global pandemic, the panel expected to issue its final report to the parties not before the second quarter of 2021. The Chair apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 16 December 2021, the Chair of the panel informed the DSB that as COVID-19 related travel and meeting restrictions continued to be in place, the panel, in consultation with the parties, had decided to continue to postpone its first substantive meeting until such time as sanitary conditions would allow for in-person meetings in Geneva. The Chair further noted that because of that, the panel therefore hoped to be able to issue its final report in the second half of 2022. On 21 February 2023, the Chair of the panel informed the DSB that the panel was consulting with the parties on the way forward in these proceedings and that the panel did not expect to issue its final report to the parties before the end of 2023.

 

Mutually Agreed Solution

On 13 July 2023, India and the United States notified the DSB, pursuant to Article 3.6 of the DSU, that they had reached a mutually agreed solution to the matter raised in this dispute. The parties indicated that they were providing a copy of their communication directly to the panel.

On 8 August 2023, the panel circulated its report to the Members. In accordance with Article 12.7 of the DSU, the panel report was confined to a brief description of the case and to reporting that a solution has been reached.