United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India (WT/DS436): Report of the Panel

Summary

INTRODUCTION

Complaint by India

On 24 April 2012, India requested consultations with the United States pursuant to Articles 1 and 4 of the DSU, Article XXII:1 of the GATT 1994 and Article 30 of the SCM Agreement, with regard to the imposition of countervailing duties on certain hot-rolled carbon steel flat products from India by the United States as described in document WT/DS436/1/Rev.1.

Consultations were held on 31 May and 1 June 2012, but were unsuccessful in resolving the dispute.

Panel Establishment and Composition

On 12 July 2012, India requested, pursuant to Articles 4.7 and 6 of the DSU and Article 30 of the SCM Agreement, that the DSB establish a panel with standard terms of reference. At its meeting on 31 August 2012, the DSB established a panel pursuant to the request of India in document WT/DS436/3, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by India in document WT/DS436/3 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 7 February 2013, India requested the Director-General to determine the composition of the panel, pursuant to Article 8.7 of the DSU. On 18 February 2013, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr Hugh McPhail

Members: Mr Anthony Abad

Mr Hanspeter Tschaeni

Australia, Canada, China, the European Union, the Kingdom of Saudi Arabia (Saudi Arabia) and Turkey notified their interest in participating in the Panel proceedings as third parties.

Panel Proceedings

General

After consultation with the parties, the Panel adopted its Working Procedures and timetable on 8 March 2013. The Panel introduced modifications to its timetable on 18 July 2013.

The Panel held a first substantive meeting with the parties on 9-10 July 2013. A session with the third parties took place on 10 July 2013.