Measures Concerning the Importation of Certain Agricultural Products from the United States
|Short Title:||India – Agricultural Products (US)|
|Third Parties:||Argentina; Brazil; Colombia; Ecuador; Guatemala; China; European Union; Japan; Australia; Vietnam;|
|Link to Dispute Site:||http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds430_e.htm|
On March 6, 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.
Specifically, the United States is concerned that these measures are 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.
These measures also nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.
On May 11, 2012, the United States requested the establishment of a panel. At its meeting on June 25, 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. The United States and India held consultations on these measures on April 16-17, 2012. Unfortunately, the consultations did not resolve the dispute.
On February 7, 2013, the United States requested the Director-General to determine the composition of the panel. On February 18, 2013, the Director-General composed the panel as follows: Mr. Stuart Harbinson, Chair; Ms. Delilah Cobb and Mr. Didrik Tonseth, Members.