APPENDIX TABLESIndia WT/TPR/S/100
Page 145
Table AI.1
Central Government and overall public sector accounts, 1995-03
(Rs billion and per cent of GDP)
1995/96 1996/97 1997/98 1998/99 1999/00 2000/01 2001/02a2002/03b
Current revenuec1,101.3 1,262.8 1,338.9 1,494.9 1,814.8 1,926.2 2,125.7 2,451.1
(Per cent of GDP) (9.3) (9.2) (8.8) (8.6) (9.4) (9.2) (9.3) (9.7)
Per cent of GDP
Tax revenue (net of states' share) 6.9 6.8 6.3 6.0 6.6 6.6 6.2 6.8
Corporation tax 1.4 1.4 1.3 1.4 1.6 1.7 1.7 1.9
Customs tariff 3.0 3.1 2.6 2.3 2.5 2.3 1.9 1.8
Excise duties 3.4 3.3 3.2 3.1 3.2 3.3 3.3 3.6
Service tax 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2
Non-tax revenue 2.4 2.4 2.5 2.6 2.8 2.7 3.1 2.8
Current expenditured1,398.6 1,589.3 1,803.4 2,164.6 2,490.8 2,778.6 3,043.1 3,404.8
(Per cent of GDP) (11.8) (11.6) (11.8) (12.4) (12.9) (13.3) (13.3) (13.4)
Per cent of GDP
Interest payments 4.2 4.3 4.3 4.5 4.7 4.8 4.7 4.6
Major subsidies 1.0 1.0 1.2 1.2 1.2 1.2 1.3 1.5
Defence 1.6 1.5 1.7 1.7 1.8 1.8 1.7 1.7
Capital receipts 483.5 508.7 833.5 1,062.8 1,165.7 1,329.9 1,518.6 1,652.0
(Per cent of GDP) (4.1) (3.7) (5.5) (6.1) (6.0) (6.4) (6.6) (6.5)
Capital expenditure 284.2 314.0 359.9 390.9 489.8 477.5 601.3 698.3
(Per cent of GDP) (2.4) (2.3) (2.4) (2.2) (2.5) (2.3) (2.6) (2.8)
Budget balance
Central Government 502.5 560.6 732.1 895.6 1,047.2 1,188.2 1,317.2 1,355.2
(Per cent of GDP) (4.2) (4.1) (4.8) (5.1) (5.4) (5.7) (5.7) (5.3)
Overall public sector 965.3 1,188.0 1,292.2 1,695.5 2,195.0 2,282.2 .. ..
(Per cent of GDP) (8.1) (8.7) (8.5) (9.6) (11.2) (10.6) .. ..
States and Union Territories 2.6 2.7 2.9 4.3 4.8 4.5 .. ..
Central Public Enterprises 1.9 2.1 1.8 1.4 1.8 1.4 .. ..
Oil Coordination Committee 0.2 0.7 0.1 0.6 0.1 1.0 .. ..
.. Not available.
a Revised estimates.
b Budget estimates.
c Represents revenue receipts.d Relates to revenue expenditure.
Source: Data provided by the authorities of India.WT/TPR/S/100 Trade Policy Review
Page 146
Table AI.2
Exports by group of products, 1997-01
(US$ million and per cent)
1997/98 1998/99 1999/00 2000/01
Total exports (US$ million) 34,933.9 33,120.6 36,698.0 44,560.3
(Per cent)
Total 100.0 100.0 100.0 100.0
Total primary products 23.9 21.7 18.7 21.4
Agriculture 19.7 18.8 15.9 14.2
Food 17.7 17.2 14.5 12.9
030613 Shrimps and prawns, frozen 2.2 2.2 2.1 2.0
100630 Rice, wholly milled or semi-milled 2.6 4.5 1.9 1.4
Agricultural raw material 2.0 1.7 1.4 1.2
Mining 4.2 2.9 2.8 7.2
Ores and other minerals 2.4 2.1 1.8 2.0
Non-ferrous metals 0.7 0.4 0.7 0.9
Fuels 1.1 0.4 0.2 4.3
271000 Petroleum, other than crude 1.0 0.3 0.1 4.2
Manufactures 74.2 75.9 79.1 76.4
Iron and steel 3.3 2.4 2.8 2.9
C h e m i c a l s 9 . 8 9 . 41 0 . 01 0 . 4
Other semi-manufactures 18.5 20.8 24.2 21.1
710239 Diamonds, excl. industrial 12.3 14.3 17.6 13.9
Machinery and transport equipment 8.0 7.1 6.9 7.9
Power generating machines 0.2 0.3 0.2 0.3
Other non-electrical machinery 2.1 2.3 1.9 2.2
Office machines & telecommunication equipment 1.3 0.7 0.8 1.1
Other electrical machines 1.3 1.2 1.4 1.6
Automotive products 1.7 1.4 1.3 1.4
Other transport equipment 1.3 1.2 1.4 1.4
Textiles 15.1 13.8 13.9 13.3
Clothing 12.4 14.4 14.1 13.7
Other consumer goods 7.1 8.1 7.3 7.2
711319 Articles of jewellery, other than silver 2.3 2.6 2.2 2.0
Other 1.9 2.3 2.2 2.2
Special transactions n.e.s. 1.9 2.3 2.2 2.2
Note: Calculations based on HS six-digit.
Source: Data provided by the Indian authorities.India WT/TPR/S/100
Page 147
Table AI.3
Imports by group of products, 1997-01
(US$ million and per cent)
1997/98 1998/99 1999/00 2000/01
Total imports (US$ million) 41,484.3 42,388.3 49,737.7 50,536.5
(Per cent)
Total 100.0 100.0 100.0 100.0
Total primary products 38.9 35.5 43.6 47.0
Agriculture 8.6 10.9 9.8 7.6
Food 5.3 8.0 6.6 4.4
151100 Palm oil and its fractions 1.4 2.6 2.5 1.7
Agricultural raw material 3.4 2.9 3.2 3.2
Mining 30.3 24.5 33.8 39.4
Ores and other minerals 2.7 2.7 2.7 2.5
Non-ferrous metals 3.3 2.9 2.3 2.3
Fuels 24.3 19.0 28.8 34.7
270900 Petroleum, crude 10.3 8.4 18.9 28.6
271000 Petroleum, other than crude 9.4 6.7 6.4 2.3
270119 Other coal 2.4 2.0 1.6 1.8
Manufactures 50.0 47.3 45.8 42.9
Iron and steel 3.4 2.5 1.9 1.5
Chemicals 13.2 12.3 11.5 9.0
Other semi-manufactures 11.0 11.8 13.5 12.1
710230 Diamonds excl. industrial 7.8 8.7 10.7 9.3
Machinery and transport equipment 18.0 15.8 14.4 15.1
Power generating machines 1.0 0.7 0.6 0.7
Other non-electrical machinery 8.4 6.9 5.0 4.8
Office machines & telecommunication equipment 3.7 3.8 4.2 5.3
Other electrical machines 1.9 2.0 1.8 2.1
Automotive products 1.0 0.7 0.9 0.7
Other transport equipment 1.9 1.6 1.9 1.6
Textiles 0.9 1.0 1.0 1.1
Clothing 0.0 0.0 0.0 0.1
Other consumer goods 3.5 3.8 3.5 3.9
Other 11.1 17.2 10.5 8.9
Gold 6.7 10.7 8.4 7.0
Special transactions n.e.s. 4.4 6.5 2.2 1.8
Note: Calculations based on HS six-digit.
Source: Data provided by the Indian authorities.WT/TPR/S/100 Trade Policy Review
Page 148
Table AI.4
Trade in services, 1995-01
(US$ million)
1995/96 1996/97 1997/98 1998/99 1999/00 2000/01
Exports 7,346.0 7,474.0 9,429.0 13,186.0 15,709.0 18,870.0
Travel 2,713.0 2,878.0 2,914.0 2,993.0 3,036.0 3,168.0
Transport 2,011.0 1,953.0 1,836.0 1,925.0 1,707.0 1,913.0
Insurance 179.0 217.0 240.0 224.0 231.0 257.0
Government, n.e.c. 13.0 72.0 276.0 597.0 582.0 657.0
Miscellaneous 2,400.0 2,400.0 4,200.0 7,400.0 10,100.0 8,800.0
Software services .. .. 1,760.0 2,626.0 4,015.0 ..
Communication services .. .. 171.0 601.0 1,063.0 ..
Management services .. .. 549.0 590.0 643.0 ..
Imports 7,543.0 6,748.0 8,110.0 11,021.0 11,645.0 16,392.0
Travel 1,167.0 858.0 1,437.0 1,743.0 2,139.0 2,874.0
Transport 2,169.0 2,394.0 2,522.0 2,680.0 2,410.0 3,170.0
Insurance 143.0 153.0 183.0 112.0 122.0 122.0
Government, n.e.c. 218.0 178.0 160.0 325.0 270.0 341.0
Miscellaneous 3,846.0 3,165.0 3,808.0 3,161.0 6,704.0 9,885.0
Financial services .. .. 647.0 687.0 1,333.0 ..
Management services .. .. 841.0 663.0 796.0 ..
Software services .. .. 223.0 348.0 368.0 ..
.. Not available.
Source: Reserve Bank of India, Bulletin (various issues).India WT/TPR/S/100
Page 149
Table AI.5
Exports by destination, 1997-01
(US$ million and per cent)
1997/98 1998/99 1999/00 2000/01
Total exports (US$ million) 34,933.9 33,120.6 36,698.0 44,560.3
(Per cent)
Total 100.0 100.0 100.0 100.0
America 22.7 25.0 26.2 24.8
United States 19.4 21.7 22.8 20.9
Canada 1.2 1.4 1.6 1.5
Other America 2.0 1.9 1.8 2.4
Europe 31.9 31.8 30.7 28.2
EU(15) 26.2 26.9 25.5 23.4
United Kingdom 6.1 5.6 5.5 5.2
Germany 5.5 5.6 4.7 4.3
Belgium 3.5 3.8 3.6 3.3
Italy 3.2 3.2 3.0 2.9
France 2.2 2.5 2.4 2.3
Netherlands 2.3 2.3 2.4 2.0
EFTA 1.3 1.1 1.1 1.1
Eastern Europe 3.6 3.1 3.5 2.9
Former USSR 3.1 2.5 3.0 2.4
Russian Federation 2.7 2.1 2.6 2.0
Other Europe 0.8 0.6 0.6 0.8
Asia 37.5 35.3 36.5 36.4
Middle East 10.2 11.5 11.4 11.4
United Arab Emirates 1.8 5.6 5.7 5.8
Saudi Arabia 2.0 2.3 2.0 1.8
East Asia 22.7 18.7 21.3 20.7
Hong Kong, China 5.5 5.6 6.8 5.9
Japan 5.4 5.0 4.6 4.0
Singapore 2.2 1.5 1.8 2.0
China 2.1 1.3 1.5 1.9
South Asia 4.7 5.1 3.9 4.4
Bangladesh 2.3 3.0 1.7 2.1
Oceania 1.5 1.4 1.3 1.1
Africa 5.4 6.2 5.1 5.3
Sub-Saharan Africa 3.3 3.9 3.4 3.6
Other Africa 2.2 2.4 1.7 1.8
Other 1.0 0.3 0.1 4.1
Note: Calculations based on HS six-digit.
Source: Data provided by the Indian authorities.WT/TPR/S/100 Trade Policy Review
Page 150
Table AI.6
Imports by origin, 1997-01
(US$ million and per cent)
1997/98 1998/99 1999/2000 2000/2001
Total imports (US$ million) 41,484.3 42,388.3 49,737.7 50,536.5
(Per cent)
Total 100.0 100.0 100.0 100.0
America 11.3 11.2 9.8 8.2
United States 9.0 8.6 7.2 6.0
Canada 1.0 0.9 0.8 0.8
Other America 1.4 1.7 1.9 1.4
Europe 35.1 34.7 29.6 28.9
EU(15) 25.6 25.3 22.1 20.8
United Kingdom 5.9 6.2 5.4 6.3
Belgium 6.4 6.8 7.4 5.7
Germany 6.1 5.0 3.7 3.5
Italy 2.2 2.6 1.5 1.4
France 1.9 1.7 1.4 1.3
EFTA 6.6 7.1 5.3 6.3
Switzerland 6.4 6.9 5.2 6.3
Eastern Europe 2.6 2.0 2.0 1.6
Former USSR 2.1 1.7 1.7 1.4
Other Europe 0.3 0.3 0.2 0.1
Asia 34.7 36.0 44.9 25.5
Middle East 13.7 11.7 21.1 5.2
United Arab Emirates 3.6 3.5 4.7 1.3
Saudi Arabia 4.1 3.1 6.1 1.2
East Asia 20.4 23.1 23.0 19.3
Japan 5.2 5.8 5.1 3.6
China 2.7 2.6 2.6 3.0
Singapore 2.4 2.5 3.1 2.9
Malaysia 2.8 3.7 4.1 2.3
Korea, Rep. of 2.3 3.2 2.6 1.8
Indonesia 1.8 2.0 1.9 1.8
Hong Kong, China 0.8 1.1 1.6 1.7
South Asia 0.6 1.2 0.8 1.0
Oceania 3.8 3.6 2.4 2.3
Australia 3.6 3.4 2.2 2.1
Africa 7.0 9.0 13.3 4.1
Sub-Saharan Africa 3.8 3.9 7.1 1.2
Other Africa 3.2 5.1 6.2 2.9
South Africa 1.2 3.2 4.1 2.0
Other 8.1 5.5 0.0 31.0
Note: Calculations based on HS six-digit.
Source: Data provided by the Indian authorities.India WT/TPR/S/100
Page 151
Table AII.1
Status of notification requirements to the WTO, January 1998–March 2002
WTO Agreement Description of requirement PeriodicityDocument symbol of most recent
notification or number of
notifications
Anti-dumping
(Art.18.5)Laws and regulations Once by March 1995,
then changesG/ADP/N/1/IND/2/Suppl.3,
21 August 1999
Anti-dumping
(Art. 16.4)Anti-dumping actions taken Semi-annual G/ADP/N/85/IND, 15April 2002
Anti-dumping
(Art.16.5)Notification of domestic procedures and
authorities competent to initiate andconduct investigationsOnce, then changes
Agriculture
(Art. 10 and 18.2)Export subsidies (outlays and quantities) Annual G/AG/N/IND/3, 1 March 2002
Agriculture (Art. 18.2) Domestic support Annual G/AG/N/IND/1, 17 June 1998
Agriculture (Art. 18.2) Information on tariff quotas
administration (MA:1)Once, then changes
Agriculture (Art. 18.2) Volume of imports under tariff quotas
(MA:2)Annual
Import Licensing
Procedures (Art. 1.4(a)
and 8.2(b))Laws and regulations relevant to import
licensingOnce, then changes G/LIC/N/1/IND/2 - G/LIC/N/2/IND/2,
23 September 1999G/LIC/N/1/IND/3 - G/LIC/N/2/IND/3,
13 December 2000
Import LicensingProcedures (Art. 5.1)Notification of licensing procedures and
changesWithin 60 days  of the
changes' publicationG/LIC/N/2/IND/1, 18 June 1998
G/LIC/N/1/IND/2 - G/LIC/N/2/IND/2,
23 September 1999
G/LIC/N/1/IND/3 - G/LIC/N/2/IND/3,13 December 2000
G/LIC/N/1/IND/4 – G/LIC/N/2/IND/4,27 February 2002
Import LicensingProcedures (Art. 7.3)Questionnaire; rules and information
concerning procedures for thesubmission of applicationsAnnual for
questionnaire; rules
and information, once
then changesG/LIC/N/3/IND/2, 19 April 1999
GATT 1994
(Art. XXVIII:5)India  reserved its right, under the
provisions of Art XXVIII, to modify its
Schedule and invocation of Art. XXVIII:5G/MA/7, 11 November 1996
G/MA/7, 21 October 1999
Subsidies and
Countervailing
Measures (Art. 32.6)Laws and regulations Once by March 1995,
then changesG/SCM/N/1/IND/2/Suppl.3,
21 August 2001
Subsidies and
Countervailing
Measures (Art. 25.11)Countervailing duty actions taken Semi-annual and when
measure takenG/SCM/N/62/Add.1/Rev.2,
16 October 2001
Subsidies and
Countervailing
Measures (Art. 27.13)Privatization programmes Ad hoc
Subsidies and
Countervailing
Measures (Art. 25.1)Subsidies programmes Annual G/SCM/N/71/IND, 19 October 2001
Subsidies and
Countervailing
Measures (Art. 25.12)Notification of domestic procedures and
authorities competent to initiate and
conduct investigationsOnce, then changes
Safeguards (Art. 12.6) Laws and regulations Once by March 1995,
then changesG/SG/N/1/IND/2, 14 January 1998
G/SG/N/1/IND/2/Suppl.1,
20 August 1999
Safeguards(Art. 12.1(a))Initiation of investigation relating to
serious injury or threat thereofAd hoc G/SG/N/6/IND/1, 12 January 1998 –
March 2002
Safeguards
(Art. 12.1(b))Finding of serious injury or threat thereof
caused by increased importsAd hoc G/SG/N/8/IND/1 to 6, September 1998
to June 1999G/SG/N/8/IND/8 to 6, November 1999
to January 2001
Table AII.1 (cont'd)WT/TPR/S/100 Trade Policy Review
Page 152
WTO Agreement Description of requirement PeriodicityDocument symbol of most recent
notification or number ofnotifications
Safeguards Notification of termination of safeguard
investigationAd hoc G/SG/N/9/IND/1 to 3, October 1998 -
February 2000
Safeguards(Art. 12.1(c))Decision to apply or extend a safeguard
measureAd hoc G/SG/N/10/IND/1- 6, January 1999 -
February 2000
G/SG/N/10/IND/5/Suppl.1,
17 December 2001G/SG/N/10/IND/6/Suppl.1,
14 March 2002
Safeguards (Art. 12.4) Notification of provisional safeguard
measuresAd hoc
Sanitary and
Phytosanitary Measures
(Art. 6, Annex B)Notification of emergency measures Ad hoc G/SPS/N/IND/7 and G/SPS/N/IND/8,
11 April 2000
Sanitary and
Phytosanitary Measures
(Art. 7, Annex B)Notification of changes in sanitary and
phytosanitary measuresAd hoc
GATT 1994
(Art. XVII:4(a) –
Understanding on theInterpretation of
Art. XVII)Notification of products traded by state
enterprisesOnce, then changes G/STR/N/7/IND, 8 October 2001
Technical Barriers to
Trade (Art. 15.2)Laws and regulations Once, then change
Technical Barriers to
Trade  (Art. 10.6 )Information about Technical
Regulations, Standards and Conformity
Assessment ProceduresAd hoc G/TBT/Notif.99.392, 24 August1999
Textiles and Clothing
(Art. 2.8 and 2:11)Notification of programmes of
integration12 months before their
coming into effectG/TMB/N/380, 25 January 2001
Textiles and Clothing
(Art. 2:7)Notification of full details of the actions
to be taken pursuant to article 2.6
(concerning the first phase ofintegration)Not later than 60 days
following the date of
entry into force of theWTO Agreement
TRIMS (Art 6.2) Publications in which TRIMS may be
foundOnce, then changes
TRIMS (Art 5.1) Investment Measures Once by March 1995,
then changes
TRIPS (Art. 63.2) Laws and regulations Once, then changes IP/N/1/IND/L/1, 11 January 2001;
IP/N/1/IND/2, 24 October 2001;
IP/N/1/IND/C/1, 25 October 2001;
IP/N/I/IND/D/1, 25 October 2001;IP/N/1/IND/G/1, 25 October 2001;
IP/N/1/IND/T/1, 25 October 2001;
IP/N/3/Rev.5, 6 July 2001;
IP/N/3/Rev.6, 1 March 2002
TRIPS (Art. 69) Contact points Once, then changes
TRIPS (Art. 4(d)) Notification of international agreements
related to the protection of intellectual
property and which entered into forceprior to the entry into force of the WTO
agreementAd hoc
GATS (Art. III:3) Changes to laws and regulations
affecting servicesAd hoc
GATS (Art. VIII:4) Monopolies and exclusive providers of
servicesAd hoc
Source : WTO Central Registry of Notifications.India WT/TPR/S/100
Page 153
Table AII.2
Disputes in which India has been involved as a complainant, 1998-01
Complaint
against/Issue
under disputeConsultations/Panel Appeal/Implementation
United States
Import Prohibitionof Certain Shrimp
and ShrimpProducts
(WT/DS58)Consultations:  8 October 1996.
Panel requested:  25 February 1997.
Panel established: 10 April 1997 (WT/DS58/8 and 9):
consolidated with panel established on 25 February1997 at the request of Malaysia, Thailand, and Pakistan.
Panel findings:  the ban was inconsistent with Article
XI:1 of GATT 1994, and could not be justified underArticle XX of GATT 1994.13 July 1998:  US notified intention to appeal.
Appellate Body reversed Panel's finding.
Panel and Appellate Body Reports adopted:
6 November 1998.27 January 2000: the U.S. stated that it had
implemented the DSB's rulings and recommendations.
12 October 2000:  Malaysia requested that the matterbe referred to the original panel; it considered the
United States had failed to comply with the
recommendations of the Panel.   India reserved itsthird-party rights to participate in the Panel's
proceedings.
23 October 2000:  matter referred to original panel.15 June 2001:  Panel report circulated, concluded that
measures adopted by the U.S. violated Article XI.1 of
the GATT 1994 but that measures implemented inlight of DSB recommendations and rulings were
justified under Article XX of the GATT 1994.
23 July 2001:  Malaysia appealed the panel report
Turkey
Restrictions onImports of Textile
and ClothingProducts
(WT/DS34)Consultations:  21 March 1996.
Panel requested:  2 February 1998.
Panel established:  13 March 1998.
Panel Report circulated:  31 May 1999.  The panelfound that Turkey's measures inconsistent with
Art. XI and XIII of GATT 1994 and also with Art. 2.4
of the ATC.26 July 1999:  Turkey notified intention to appeal.
21 October 1999:  APB Report circulated. APB upheld
the Panel's conclusion on certain issues but erred in
others.19 November 1999:  Turkey stated intention not to
comply with recommendation and rulings of the DSB.
7 January 2000:  parties informed Chairman of DSBthat reasonable period to implement Panel's rulings
would expire 19 February 2001 and that Turkey would
increase the size of quotas on imports of some items
from India.
8 March 2001:  India and Turkey informed DSB thatthey had reached an agreement.
6 July 2001: parties reached mutually acceptable
solution
EuropeanCommunities
Anti-DumpingDuties on Imports
of Cotton-TypeBed-Linen from
India
(WT/DS141/1)Consultations:  3 August 1998.
Panel requested:  7 September 1999.Panel established:  27 October 1999.
Panel report circulated:  30 October 2000. The panel
concluded that the E C did not act inconsistently withits obligations under Articles 2.2, 2.2.2, 3.1, 3.4, 3.5,
5.3, 5.4, and 12.2.2 of the AD Agreement.  The panel,
however, also concluded that the EC actedinconsistently with its obligations under
Articles 2.4.2, 3.4, and 15 of the AD Agreement.1 December 2000:  EC notified intention to appeal.
1 March 2001:  APB circulated Report.  The APBupheld some of the Panel's findings and reversed
others.  It was concluded that the EC, in calculating
amounts for administrative, selling and general costsand profits in the anti-dumping investigation acted
inconsistently with Article 2.2.2(ii) of the Anti-
Dumping Agreement.12 March 2001:  DSB adopted Panel Report.
5 April 2001:  EC announced intention to implement
DSB  recommendations.26 April 2001:  the parties notified the DSB that the
reasonable period of time would be from
12 March 2001 until 14 August 2001.13 September 2001: India and the EC reached an
agreement regarding agreed procedures under
Articles 21 and 22 of the DSU.
Brazil
Anti-Dumping
Duties on Jute
Bags from India
(WT/DS 229/1)Consultation requested:  9 April 2001, regarding
certain aspects of Article 17 of the Anti-dumpingAgreement and Article XXIII of the GATT 1994.
Table AII.2 (cont'd)WT/TPR/S/100 Trade Policy Review
Page 154
Complaint
against/Issueunder disputeConsultations/Panel Appeal/Implementation
United States
Continued
Dumping andSubsidy Offset Act
of 2000
(WT/DS217/1)Consultation requested: 21 December 2000.  The Act
appeared to be inconsistent with the obligations of the
United States under certain provisions of the GATT,the Anti-dumping Agreement, the SCM Agreement,
and the Agreement establishing the WTO.
Panel established: 23 August 2001.
United States
Anti-Dumping andCountervailing
Measures on SteelPlate From India
(WT/DS206/1)Consultation requested: 4 October 2000.  The
provision raised questions concerning obligations
under the GATT 1994, the Anti-Dumping Agreement,
the SCM and the Agreement establishing the WTO.Panel requested:  7 June 2001.
Panel established:  24 July 2001.
South Africa
Anti-dumping
Duties on theImport of Certain
Pharmaceutical
Products fromIndia
(WT/DS168/1).Consultation requested:  1 April 1999, India alleged
violation of some Articles of the Anti-Dumping
Agreement and of GATT 1994
European
CommunitiesAnti-Dumping
Investigations
Regarding
Unbleached CottonFabrics from India
(WT/DS140/1)Consultation requested:  3 August 1998.  India alleged
violations of several articles of the Anti-Dumping
Agreement and of GATT 1994
European
CommunitiesRestrictions tocertain Import
Duties on Rice
(DS134/1)Consultation requested: 27 May 1998.  India alleged
violations of several Articles of GATT 1994, of the
Customs Valuation Agreement, of the Import Licensing
Agreement, of the TBT Agreement, of the SPS
Agreement, and of the Agreement on Agriculture.
Source: WTO documents.India WT/TPR/S/100
Page 155
Table AII.3
Disputes involving complaints against India, 1998-01
Complaint by/Issue
under disputeConsultations/Panel Appeal/Implementation
United States
Patent Protection for
Pharmaceutical and
Agricultural Chemical
Products(WT/DS50)Consultations:  2 July 1996.
Panel requested:  November 1996.Panel established: November 1996.
Panel findings:  September 1997. Panel found
that India had failed to comply with Article70.8 and 70.9 of the TRIPS Agreement. Panel
recommended that DSB request India to bring
its transitional regime for patent protection ofpharmaceutical and agricultural chemical
products into conformity with its obligations
under the WTO TRIPS
 Agreement.15 October 1997:  Decision appealed.
19 December 1997:  Appellate Body upheld, withmodifications, the panels fundings on Articles 70.8 and
70.9 but ruled that Article 63(1) was not within the
Panel's terms of reference.22 April 1998:  India informed that the parties had agreed
on an implementation period which would expire on
19 April 1999.28 April 1999:  India presented final status report on
implementation; this disclosed enactment of relevant
legislation to implement recommendations and rulings ofDSB.
European Communities
Patent Protection for
Pharmaceutical andAgricultural Chemical
Products
(WT/DS79/1).Consultations:  April 1997.
Panel requested:  September 1997.
Panel established:  16 October 1997.  Thepanel found that India had not complied with
its obligations under Articles 70.8(a) and 70.9
of the TRIPS Agreement.2 September 1998:  Panel report adopted. India and the
EC informed DSB that they had agreed that the
implementation period would correspond to theimplementation period of DS50.  The final status report
on implementation of DS50 also applies to this dispute.
United StatesQuantitative Restrictions
on Imports of
Agricultural, Textile and
Industrial Products(WT/DS90/1)Consultation:  July 1997.
Panel requested:  October 1997.Panel established:  November 1997.14 October 1999:  India stated intention to comply with
DSB recommendations.28 December 1999:  the parties notified that the agreed
reasonable period of time for implementation, which
would expire on 1 April 2000, except for some tariffitems for it would expire on 1 April 2001.
5 April 2001:  India notified that it had removed the
quantitative restrictions on the remaining 715 imports.
United States
Measures Relating to
Trade and Investment in
the Motor Vehicle Sector
(WT/DS175/1)Consultation:  1 May 1999
Panel requested:  15 May 2000Panel established:  27 July 2000.
Panel report circulated:  21 December 2001,
concluded that India had acted inconsistently
with its obligations under Article III:4 and
Article XI of the GATT 1994 by obligingautomotive manufacturers to use a certain
proportion of local parts and components and
to offset the implementation of certain kits andcomponents by exports of equivalent value.
The panel recommended that the DSB request
India to bring its measures into conformitywith its obligations under the WTO
Agreements.
European Communities
(WT/DS146/1)Consultation:  6 October 1998.
Panel requested:  12 October 2000.
Panel established:  17 November 2000.  TheDSB decided that this would be a single panel
with the panel established under WT/DS175.
European Communities
(WT/DS150/1)Consultation:  30 October 1998, concerned a
series of increases in customs duties allegedly
implemented by India.  The EC allegedviolation of some articles of GATT 1994.
Consultations joined by the United States,
Canada, Japan, Switzerland and Australia(WT/DS150/2-6).
Table AII.3 (cont'd)WT/TPR/S/100 Trade Policy Review
Page 156
Complaint by/Issue
under disputeConsultations/Panel Appeal/Implementation
European Communities
Import restrictions(WT/DS149)Consultations:  28 October 1998, concerned
import restrictions allegedly maintained by India
under its Export and Import Policy, 1997-2002.
The EC contended that these import restrictionsconstitute an infringement of several articles of
GATT 1994, the Agreement on Agriculture, and
the Agreement on Import Licensing Procedures.
European Communities
Measures AffectingExport of Certain
Commodities
(WT/DS120/1)Consultations:  16 March 1998.  The EC
contended that this was in effect an export
embargo and violates Article XI of GATT 1994.
Panel requested:  12 October 2000, DSBdeferred the establishment of a panel:
23 October 2000.
Source: WTO documents.India WT/TPR/S/100
Page 157
Table AII.4
Foreign investment requirements in India, as of May 2001
Sector Foreign equity Approval process
Agriculture including planting Not allowed
Mining
Coal/lignite mines together with
power projects for captive
consumption100% Automatic up to 50%;  otherwise non-automatic
Exploration/mining of coal/lignite for
captive consumption74% Automatic up to 50%;  otherwise non-automatic
Coal processing plant 100% Automatic up to 50%;  otherwise non-automatic
Exploration and mining of diamonds
and precious stones74% Automatic
Exploration and mining of gold/silver
and other minerals, metallurgy and
processing100% Automatic
Petroleum
Exploration in small fields 100% through competitive bidding Non-automatic
Exploration in medium-size fields 60% for unincorporated joint venture and
51% for incorporated joint ventureNon-automatic
Refining with domestic private
company100% Automatic
Refining with public sector unit 26% Non-automatic
Petroleum product and pipelines 51% Non-automatic
Infrastructure related to marketing of
petroleum products74% Non-automatic
Market study and formulation and
investment/financing100% through wholly owned subsidiaries Non-automatic
Power
Electricity generation, transmission,
and distribution100% Automatic (as per Ministry of Commerce and
Industry, Press Note No. 7 (2000 Series))
Atomic energy
Mining and mineral separation, value
addition and integrated projectsUp to 74%, and FDI beyond 74% is
subject to clearance by the Atomic EnergyCommission on case-by-case basisNon-automatic
Others Prohibited n.a.
Manufacturing
Small-scale industry sector 24% in a small-scale unit.  FDI above
24% is subject to a mandatory export
obligation of 50% of annual production,and loses small-scale statusAutomatic up to 24%;  otherwise non-automatic
Drugs/pharmaceuticals 100% for bulk drugs, their intermediates
and formulationsAutomatic except for activities requiring
compulsory licensing:  drugs produced with the
use of recombinant DNA technology and
specific cell/tissue targeted formulations;  or FDIabove 74% to manufacture bulk drugs from
basic stages and their intermediates and bulk
drugs produced with the use of recombinantDNA technology, and specific cell/tissue
targeted formulations provided it involves
manufacturing from basic stage
Telecommunication equipmentmanufacturing100% Automatic up to 49%;  otherwise non-automatic
Pollution control equipment 100% Automatic
Defence and strategic industries Up to 26% Non-automatic
Distillation and brewing of alcoholic
drinks100% Non-automatica
Table AII.4 (cont'd)WT/TPR/S/100 Trade Policy Review
Page 158
Sector Foreign equity Approval process
Cigars and cigarettes of tobacco and
manufactured tobacco substitutes100% Non-automatica
Electronic aerospace and defence
equipment:  all types100% Non-automatica
Industrial explosives including
detonating fuses, safety fuses, gun
powder, nitrocellulose and matches100% Non-automatica
Hazardous chemicals 100% Non-automatica
Arms and ammunition and allied
items of defence equipment, defence
aircraft and warships26% subject to the guidelines and
licensing of the Ministry of DefenceNon-automatic
Services
Banking 49% subject to Reserve Bank of India
guidelinesNon-automatic (according to SIA Press Note
No. 4 (2001) Series, FDI in this sector is throughthe automatic route)
Non-banking financial companies(NBFCs)FDI up to 51% - US$0.5 million must be
brought up front
FDI above 51% and up to 75% -
US$5 million must be brought up frontFDI above 75% and up to 100% - US$50
of which US$7.5 million must be brought
up front and the balance in 24 monthsNon-automatic
Insurance 26% subject to licencing issued by
Insurance Regulatory and DevelopmentAuthorityNon-automatic (according to SIA Press Note
No.10 (2000 Series), 19 October 20001, FDI inthis sector is automatic)
Telecommunications
Basic, cellular, value added service
and global mobile personnel,
communications by satellite49% subject to licencing by the
Department of Telecommunications and
Safety RequirementsNon-automatic
ISPs with gateways, radio-paging and
end-to-end bandwidth74% Automatic up to 49%;  otherwise non-automatic
ISPs not providing gateways (both
for satellite and submarine cables),infrastructure providers providing
dark fibre (IP Category 1), electronic
mail and voice mail100% subject to divestment of 26% equity
to Indian public within 5 years, and tolicensing by the Department of
Telecommunications and Safety
RequirementsAutomatic up to 49%;  otherwise non-automatic
Postal/courier services 100% in courier services excluding
distribution of lettersNon-automatic
Transport
Airlines Up to 40% with no direct/indirect equity
participation by foreign airlines.
100% investment allowed for non-resident
Indians (NRIs)/overseas corporate bodies(OCBs)Non-automatic
Airports 100% Automatic up to 74%;  otherwise non-automatic
Shipping 74% Automatic
Railways Prohibited n.a.
Construction and maintenance of
ports and harbours, roads & highways100% Automatic provided that FDI does not exceed
Rs 15 billion  (SIA Press Note No. 1 (1999
Series), 4 January 1999)
Housing/real estate FDI is not allowed except for
development of integrated townships and
settlements where 100% FDI is allowed.NRI/OCB are allowed to invest up to
100% in other housing and real estate
activitiesNon-automatic
Trading Prohibited in retail business.
51% FDI is allowed in case of export-oriented activities.
100% for some activitiesbAutomatic up to 51% for export activities;  non-
automatic in all other cases
Table AII.4 (cont'd)India WT/TPR/S/100
Page 159
Sector Foreign equity Approval process
Print media Prohibited n.a.
Broadcasting Up to 49% in uplinking hub for leasing or
hiring out facilities.Up to 20% in broadcasting for distribution
of multi-channel TV programmesNon-automatic
Hotel & tourism, restaurants 100% Automatic
Consultancy for pollution control and
management100% Automatic
Advertising 74% Automatic
Films 100% subject to specific conditions Automatic
Professional services 51% except legal service, where FDI is
not permittedAutomatic
Health and education services 51% Automatic
E-commerce 100% (except for retail e-commerce
where FDI is not permitted) subject to
divestment of 26% equity to Indian public
within 5 years.Automatic up to 51%
Mass rapid metro transit system 100% Automatic
Infrastructure Allowed up to 49% subject to the
condition that the management of the
company is with Indian nationalsNon-automatic
n.a. Not available.
a Industrial licence is compulsory.
b These activities include exports;  and cash and carry wholesale trading.
Note: There is conflicting information from the Reserve Bank of India and the Ministry of Commerce and Industry regarding FDI in
some sectors (e.g. housing and real estate, coal and lignite, drugs and pharmaceuticals, and hotels and tourism).
Source: Secretariat for Industrial Assistance (2001), Manual on Industrial Policy and Procedures in India .  May 2001;
Department of Industrial Policy & Promotion (2001), Investing in India , 16 May 2001;  Government of India
(undated), Destination India , Secretariat for Industrial Assistance, New Delhi;  Ministry of Finance (2001), Budget
2001-2002  [Online].  Available at:  http://indiabudget.nic.in/ub2001-02/bs/fi.htm [6 July 2001];  Reserve Bank of
India Notification No. FERA 215/2000, 22 March 2000 [Online].  Available at:  http://www.rbi.org.in/srch/rbi[9 July 2001];  Reserve Bank of India Notification No. FEMA 20/2000, 3 May 2000 [Online].  Available at:
http://www.rbi.org.in/index.dll [9 July 2001];  Ministry of Commerce and Industry, Press Note No. 7 (2000
Series), 14 July 2000, Online.  Available at:  h ttp://indmin.nic.in/vsindmin/policy/chages/press7_00.htm
[24 July 2001];  Ministry of Commerce and Industry, Press Note No. 4 (2001 Series), 21 May 2001 [Online].Available at:  http://indmin.nic.in/vsindmin/policy/chages/press4_01.htm [6 July 2001];  and Ministry of
Commerce and Industry, Press Note No. 10 (2000 Series), 19 October 2001 [Online].  Available at:
http://indmin.nic.in/vsindmin/policy/chages/press10_01.htm [6 July 2001].WT/TPR/S/100 Trade Policy Review
Page 160
Table AIII.1
Export restrictions, 1997 and 2001
Product As of 1 April 1997 As of 1 April 2001
Beche-de-mer of size less than 3 inches restricted restricted
Cattle restricted restricted
Camels restricted restricted
Chemical fertilizers, all types, including super-phosphates restricted restricted
Chemicals included in Schedules 2 and 3 to the Chemical Weapons Convention of the
United Nations signed in Paris on 13-15 January 1993, as specified in Schedule 2,
Appendix 3 of the book titled "ITC(HS) Classifications of Export and Import Items".restrictedarestricteda
Chemicals included in Annexures A and B to the Montreal Protocol on Substances that
deplete the Ozone Layer as specified in Schedule 2 Appendix 7 of the book titled
"ITC(HS) Classification of Export and Import Items".restrictedbrestrictedb
Chrome ore other than beneficiated chrome ore fines/concentrates (average feed grade
less than 33% Cr 2O3);  and those categories of chrome ores subject to state trading.restricted restricted
Dress materials/readymade garments, fabrics/textile items with imprints of excerpts or
verses of the Holy Quranrestricted restricted
De-oiled groundnut cakes containing more than 1% oil and groundnut expeller cakes restricted restricted
Fresh and frozen silver pomfrets of weight less than 300 grammes restricted restricted
Fur of domestic animals, excluding lamb fur skin restricted not restricted
Fodder, including wheat and rice straw restricted restricted
Groundnut oil in consumer packs above 5 kg. restricted restricted
Hides and skins, namely:
- cuttings and fleshing of hides and skins used as raw materials for manufacture of
animal glue gelatine;restricted not restricted
- raw hides and skins, all types excluding lamb fur skin restricted not restricted
- all categories of semi-processed hides and skins including E.I. tanned and wet blue
hides and skins and crust leathercrestricted not restricted
- clothing leather fur suede/hair, hair-on suede/shearing suede leathers restricted not restricted
- fur leathers restricted not restricted
- industrial leathersdrestricted not restricted
- lining leatherserestricted not restricted
- luggage leathers – case hide or side/suit case/hand bag/luggage/cash bag leather restricted not restricted
- miscellaneous leathersfrestricted not restricted
- shoe upper leathersg restricted not restricted
- sole leather chrome tanned sole leather restricted not restricted
Horses- Kathiawari, Marwari and Manipuri breeds restricted restricted
Imported sugar including sugar which has already landed and is pending clearance at
Customsrestricted not restricted
Java Sparrow not restricted restricted
Lumpy/blended manganese ore with more than 46% manganese restricted (state
trading)restricted
Micronutrient fertilizers and mixtures thereof, containing NPK, excluding those
specified in Schedule I, Part A 1(f) of Fertilizers (Control) Order 1985restricted restricted
Milk, baby milk and sterilized liquid milk restricted not restricted
Paddy (rice in husk) restricted restricted
Pasewa and any lac containing living insects;  Sticklac;  Broodlac restricted restricted
Processed pulses other than those made out of the pulses imported under the Duty
Exemption Scheme or by an EOU or EPZs or in consumer packs up to 5 kg.restricted restricted
Pulses, all types, including lentils, grams, beans and flour made therefrom except those
in consumer packs up to 5 kg.restricted restricted
Table AIII.1 (cont'd)India WT/TPR/S/100
Page 161
Product As of 1 April 1997 As of 1 April 2001
Rice bran, raw and boiled restricted restricted
Sand and soil not restricted restricted
Sandalwood de-oiled spent dust subject to the conditions and procedures specified in
public notices issued by the DGFTnot restricted restricted
Those forms of sandalwood subject to the conditions and procedures specified in public
notices issued by the DGFTnot restricted restricted
Sea shells, excluding polished sea shells and handicrafts made out of sea shells, of all
species except those of Trocus niloticos, Turbo species, Lambias species, Tridacna gigas
and Xancus pyrus, the export of which shall not be allowed in any formrestricted restricted
Sea weeds of all types including G. edulis but excluding brown sea weeds and
agarophytes of Tamil Nadu coast origin in processed formrestricted restricted
Seeds and planting materialshrestricted restricted
Silk worms;  silkworm seeds and silk worm cocoons restricted restricted
Special material, equipment and technologies as specified in Schedule 2 Appendix 6 of
the book titled "ITC (HS) Classification of Export and Import Items".restricted restricted
Vegetable oils in consumer packs above 5 kg.irestricted not restricted
Whole human blood plasma and all products derived from human blood except gamma
globulin and human serum albumin manufactured from human placenta and human
placental blood;  raw placenta;  placental blood plasmarestricted restricted
Vintage motor cars, parts and components thereof manufactured prior to 1.1.1950 restricted restricted
Vintage motorcycles, parts and components thereof manufactured prior to 1.1.1940 restricted restricted
Viscose staple fibre (regular) excluding Polynosic Rayons restricted restricted
Waste paper restricted not restricted
Any other items whose export is regulated by a public noticed issued by the DGFT restricted restricted
a Except Schedule 3 Chemicals when exported to State Parties to the Chemical Weapons Convention subject to the conditions as
specified in Schedule 2 Appendix 1 of the book titled "ITC(HS) Classifications of Export and Import Items".
b Prohibited for countries not signatories to the Montreal Protocol.c The exporter is required to register the export contract with the Council for Leather Exports indicating the price, quantity e tc.
d Namely cycle saddle leathers;  hydraulic/packing/belting/harness/washer/leathers;  pickling band leathers;  and strap/combing
leathers.
e Namely lining suede from cow and buffalo hides and calf skins;  and lining suede from goat, kid, lamb and sheep skins.
f Namely booking binding leathers;  skiver leathers;  and transistor case/camera case leather.
g Namely bunwar leather and kattai slipper/sandal leather.h Namely cashew seeds and plants;  Egyptian clover (Barseem) seeds;  fodder crop seeds;  green manure seeds other than
Dhaincha;  guar seeds (whole);  jute seeds;  linseeds;  lucerne (alfalfa) medicago sativa;  mesta seeds;  neem seeds;  nux vomi ca
seeds/bark/leaves/roots and powder thereof;  onion seeds;  seeds of ornamental plants (wild variety);  paddy seeds (wild variet y);
pepper cuttings or rooted cuttings of pepper;  Persian clover seeds;  red sanders seeds;  rubber seeds;  russa grass seeds and tufts;
seeds of all forestry species;  seeds of all oilseeds and pulses;  soyabean seeds;  sandalwood seeds;  saffron seeds or corms;  and
wheat seeds (wild variety).
i Namely coconut oil;  cotton seed oils;  corn oil;  kardi oil;  linseed oil;  mustard oil;  niger seed oil;  palm oil;  palm ke rnel oil;
rape-seed oil;  rice bran oil;  salad oil;  sunflower oil;  sesame seed oil;  soyabean oil.
Note: The Export-Import Policy announced on 31 March 2002 appears to have removed export restrictions on some products including
finished leather, clothing leather fur suede hair, hair-on suede/shearing suede leather;  and pulses (processed and non-process ed).
Source: Ministry of Commerce,  Export Import Policy, 1997-2002;   and Government of India, Ministry of Commerce,
Notifications.
__________