India - Measures Concerning the Importation of Certain Agricultural Products (WT/DS430): Report of the Panel
Published online by Cambridge University Press: 28 September 2017
Summary
INTRODUCTION
Complaint by the United States
On 6 March 2012, 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 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) with respect to the measures and claims set out below.
Consultations were held on 16 and 17 April 2012. Those consultations were unsuccessful in resolving this dispute.
Panel Establishment and Composition
On 11 May 2012, the United States requested the establishment of a panel pursuant to Article 6 of the DSU with standard terms of reference as set out in Article 7.1 of the DSU. At its meeting on 25 June 2012, the Dispute Settlement Body (DSB) established a panel pursuant to the request of the United States in document WT/DS430/3, 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 the United States in document WT/DS430/3 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, the United States 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 Stuart Harbinson
Members: Ms Delilah Cabb
Mr Didrik Tønseth
Argentina, Australia, Brazil, China, Colombia, Ecuador, the European Union, Guatemala, Japan, and Viet Nam notified their interest in participating in the Panel proceedings as third parties.
After consultation with the parties, the Panel adopted its Working Procedures and timetables on 15 March 2013. Following the Panel's decision to consult with the World Organisation for Animal Health (OIE) and individual scientific experts, and after consultation with the parties, the Panel adopted its revised timetable on 20 September 2013.
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- Information
- Dispute Settlement Reports 2015 , pp. 2663 - 3086Publisher: Cambridge University PressPrint publication year: 2016
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