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Certain Measures Affecting the Renewable Energy Generation Sector and Measures Relating to the Feed-In Tariff Program

Key Facts
Short Title: Canada – Feed-In Tariff Program
Respondent: Canada
Third Parties: Brazil; El Salvador; Honduras; Mexico; United States; China; Taiwan; European Union; Norway; Saudi Arabia; Turkey; Japan; Korea; India; Australia;
Complaintant(s): European Union; Japan;
Dispute Number: DS412/DS426
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm
Dispute Subject(s): Subsidies;
Dispute Status: Pending

DS412: On 13 September 2010, Japan requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).

Japan claimed that the measures are inconsistent with Canada's obligations under Article III:1, III:4, and III:5 of the GATT 1994 because, inter alia, they accord less favorable treatment to imported equipment for renewable energy generation facilities than that accorded to like products originating in Ontario. Japan also claimed that the measures appear to be inconsistent with Article 2.1 of the TRIMs Agreement because they appear to be trade-related investment measures that are inconsistent with the provisions of Article III of the GATT 1994. Japan alleged that the measures provide a subsidy that is prohibited under Articles 3.1(b) and 3.2 of the SCM Agreement because it appears to be provided “contingent … upon the use of domestic over imported goods”.

DS426: On 11 August 2011, the European Union also requested consultations with Canada regarding the same measures. The European Union advanced the same claims as Japan in relation to Canada’s measures.

Panel Proceedings
Brief DateBrief Description
03/14/2013US Third Participant Oral Statement
02/27/2013US Third Participant Submission
04/04/2012U.S. Executive Summary of Third-Party Submissions (DS412/DS426) 
01/09/2012U.S. Third-Party Submission (DS412/DS426)