Geneva: The World Trade Organization (WTO) today circulated two-panel reports on the cases brought by India and the United States of America that provide a brief description of the disputes and note that solutions have been reached.
The panel reports issued were in the “United States — Certain Measures on Steel and Aluminium Products”, and, “India — Additional Duties on Certain Products from the United States”, cases.
On July 13, 2023, both India and the US notified the WTO that they had reached a mutually agreed solution to the matters raised in the two disputes.
In the case pertaining to “United States — Certain Measures on Steel and Aluminium Products”, India on May 18, 2018, requested consultations with the United States with respect to certain measures by the latter to adjust imports of steel and aluminium into the United States.
In its complaint to the WTO, India had then alleged that the measures at issue were, in effect and in substance, safeguard measures that the United States had adopted and implemented inconsistently with its substantive and procedural obligations under the GATT 1994 and the Agreement on Safeguards.
India also claimed that, to the extent that the US sought any voluntary export restraints, orderly marketing arrangements, or any other similar measures on the export or the import side, the measures at issue appeared to be inconsistent with the United States’ obligations under Article 11.1(b) of the Agreement on Safeguards and Article XI:1 of the General Agreement on Trade and Tariff (GATT) 1994.
In addition, India claimed that the measures were inconsistent with Articles I:1, II:1(a), II:1(b), and X:3(a) of the GATT 1994.
Consultations were held on July 20, 2018, but failed to resolve the dispute. On November 8, 2018, India requested the establishment of a panel, stating that the measures at issue related to the imposition by the United States of additional import duties of 25% ad valorem and 10% ad valorem, respectively, on certain steel and aluminium products.
At its meeting on December 4, 2018, the Dispute Settlement Body (DSB) established a panel pursuant to the request of India to examine the matter.</p>
On January 12, 2023, the Panel invited the parties’ views on the way forward in these proceedings, in response to which both parties – India and the US – indicated that they were engaging in discussions to reach a positive resolution in this dispute. On July 13, 2023, both notified the DSB that they had reached a mutually agreed solution to the matter raised in this dispute.
In the other case – “India — Additional duties on certain products from the United States”, on July 3, 2019, the US requested consultations with India regarding India’s imposition of additional duties with respect to certain products originating in the United States.
The United States alleged that India did not impose the additional duties measure on products originating in the territory of any other WTO Member. Additionally, the United States alleged that India appeared to be applying rates of duty to the United States’ imports greater than the rates of duty set out in India’s schedule of concessions.
Consultations were held on August 1, 2019, but failed to resolve the dispute. On September 19, 2019, the United States requested the WTO to establish a panel claiming that India’s additional duties measure applied only to products originating in the United States.
The United States submitted its first written submission before the panel on February 27, 2020, while India submitted a separate request for a preliminary ruling on April 30, 2020.
On January 12, 2023, the Panel wrote to both the parties – India and the US – seeking their views “on how they see the way forward in these proceedings”. In response to further communications from the Panel on this issue, both indicated that they were conferring on the way forward and engaging in discussions with respect to reaching a positive resolution of this dispute, and that they would benefit from additional time to provide their views to the Panel on this issue. The Panel agreed to those requests.
By a letter dated July 13, 2023, both countries notified the DSB that they had reached a mutually agreed solution to the matter raised in this dispute. Accordingly, the Panel concluded its work by reporting that a mutually agreed solution to this dispute was reached between the parties.
– global bihari bureau