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Agreement:
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Dispute number:

India — Certain Measures Relating to Solar Cells and Solar Modules

 

Current status

In consultations

Key facts

Short title:
Complainant: United States
Respondent: India
Third Parties:
Agreements cited:
(as cited in request for consultations)
GATT 1994 Art. III4Trade-Related Investment Measures (TRIMs) Art. 2.1Subsidies and Countervailing Measures Art. 3.1(b), 3.2, 5(c), 6.3(a), 6.3(c), 25
Request for Consultations received: 6 February 2013
Panel Report circulated:
Appellate Body Report circulated:

Summary of the dispute to date 

The summary below was up-to-date at 13 March 2013

Consultations

Complaint by the United States.

On 6 February 2013, the United States requested consultations with India concerning certain measures of India relating to domestic content requirements under the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules.

The United States claims that the measures appear to be inconsistent with:

  • Article III:4 of the GATT 1994;
     
  • Article 2.1 of the TRIMs Agreement; and
     
  • Articles 3.1(b), 3.2, 5(c), 6.3(a) and (c), and 25 of the SCM Agreement.

The United States also claims that the measures appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On 13 February 2013, Japan requested to join the consultations.  On 21 February 2013, Australia requested to join the consultations.

On 10 February 2014, the United States requested supplementary consultations concerning certain measures of India realting to domestic content requirements under “Phase II” of the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules.

On 21 February 2014, Japan requested to join the consultations.

On 14 April 2014, the United States requested the establishment of a panel. At its meeting on 25 April 2014, the DSB deferred the establishment of a panel.