India - Certain Measures Relating to Solar Cells and Solar Modules (WT/DS456): Report of the Panel

Summary

INTRODUCTION

Complaint by the United States

On 6 February 2013 and 10 February 2014, the United States requested consultations with India pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), and Article 8 of the Agreement on Trade-Related Investment Measures (TRIMs Agreement) with respect to the measures and claims set out below.

Consultations pursuant to these requests were held on 20 March 2013 and 20 March 2014, respectively.

Panel Establishment and Composition

On 14 April 2014, the United States requested the establishment of a panel pursuant to Article 6 of the DSU with standard terms of reference. At its meeting on 23 May 2014, the Dispute Settlement Body (DSB) established a panel pursuant to the request of the United States in document WT/DS456/5, 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 the United States in document WT/DS456/5 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 24 September 2014, the parties agreed that the panel would be composed as follows:

Chairperson: Mr David Walker

Members: Mr Pornchai Danvivathana

Mr Marco Tulio Molina Tejeda

Brazil, Canada, China, Ecuador, the European Union, Japan, the Republic of Korea, Malaysia, Norway, Russia, Saudi Arabia, Chinese Taipei and Turkey have 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 13 October 2014.

The Panel held a first substantive meeting with the parties on 3-4 February 2015. A session with the third parties took place on 4 February 2015. The Panel held a second substantive meeting with the parties on 28-29 April 2015. On 9 June 2015, the Panel issued the descriptive part of its Report to the parties. The Panel issued its Interim Report to the parties on 24 July 2015. The Panel issued its Final Report to the parties on 28 August 2015.