WT/DS510/6  
 
22 August 2019  
(19-5409) Page: 1/2 
  Original: English  
 
UNITED STATES – CERT AIN MEASURES RELATIN G  
TO THE RENEWABLE ENE RGY SECTOR  
NOTIFICATION OF AN O THER APPEAL BY INDIA  UNDER ARTICLE S 16.4 AND 17  
OF THE UNDERSTANDING  ON RULES AND PROCED URES GOVERNING  
THE SETTLEMENT OF DI SPUTES (DSU), AND UN DER RULE 2 3(1) OF  
THE WORKING PROCEDUR ES FOR APPELLATE REV IEW 
The following communication, dated 20 August 2019, from the delegation of India, is being  circulated 
to Members.  
 
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Pursuant to Articles 16.4 and 17 of the Understanding on Rules and Proc edures Governing the 
Settlement of Disputes (" DSU") and Rule 23(1) of the Working Procedures for Appellate Review 
("Working Procedures "), India hereby notifies the Dispute Settlement Body (" DSB") of its decision 
to appeal to the Appellate Body certain issu es of law and legal interpretation covered in the Panel 
Report entitled United States – Certain Measures Relating to the Renewable Energy Sector  
(WT/DS510/R, WT/DS510/R/Add.1) , which was circulated on 27 June 2019 (" Panel Report "). 
 
Pursuant to Rules 23(1)  and 23(3) of the Working Procedures, India simultaneously files this Notice 
of Other Appeal and its Other Appellant 's Submission with the Appellate Body Secretariat. India is 
also providing an executive summary of the Other Appellant 's Submission, in accordance with the 
Guidelines in Respect of Executive Summaries of Written Submissions in Appellate Proceedings 
(WT/AB/23).  
 
For the reasons further elaborated in its Other Appellant Submission, India appeals and requests the 
Appellate Body  to reverse the findings and conclusions of the Panel with respect to the errors of law 
and legal interpretations contained in the Panel Report described below:1 
 
1. The Panel erred in holding that the "made -in-Washington" bonus as set out in 
Section  82.16.16 5 of the Revised Code of Washington (" RCW") did not fall within the terms 
of the reference of the Panel.2 Specifically, the Panel failed to make an objective assessment 
of the matter before it and to make appropriate findings to assist the DSB in making re levant 
recommendations as required under Article 11 of the DSU. Additionally, by ruling that the 
"made -in-Washington" bonus under RCW 82.16.165 was a distinct measure, the Panel 
effectively ruled that it was not a matter before it requiring examination and  thus the Panel 
erred in applying Article 7.1 read with Article 6.2 of the DSU. As a result, India requests the 
Appellate Body to reverse the Panel 's findings in paragraphs 7.29 and 8.1(b) of the Panel 
Report and to find that the "made -in-Washington" bonus  under RCW 82.16.165 is 
amendment/ modification (or alternatively, closely related) to the original measure and falls 
within the terms of the reference of the Panel. India further requests the Appellate Body to 
complete the legal analysis and find that the  Measure 1, as amended (including 
"made -in-Washington" bonus under RCW 82.16.165) is inconsistent with the United States' 
                                                
1 Pursuant to Rule 23(2)(c)(ii)(C) of the Working Procedures for Appellate Review, this Notice of Other 
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without 
prejudice to the ability of India to refe r to other paragraphs of the Panel Report in the context of its other appeal.  
2 Panel Report, paras. 7.28, 7.29, 8.1(b); Addendum to the Panel Report (Annex E -1), paras. 3.4 – 3.8. WT/DS510/6  
 
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  obligations under Article III:4 of the GATT 1994 and to make appropriate recommendations 
to the DSB under Article 19 of the DSU.3  
 
2. The Panel erred in holding that India did not make a prima facie  case that the Minnesota 
solar thermal rebate under Measure 10 had ongoing effects, and therefore, constituted a 
matter before the Panel that required examination in order to provide a positive solution to 
the dispute.4 Specifically, the Panel failed to make an objective assessment of the matter 
before it as required under Article 11 of the DSU while holding that it was not clear whether 
rebate payments may continue following the repeal of the Mi nnesota solar thermal rebate, 
in particular with respect to previously approved application.5 Additionally, the Panel erred 
in holding that repealed measure i.e. Minnesota solar thermal rebate did not constitute a 
matter before it requiring examination und er Article 7.1 read with Article 6.2 of the DSU. As 
a result, India requests the Appellate Body to reverse  the Panel 's findings and conclusions 
in paragraphs 7.76, 7.77 and 8.3(b) of the Panel Report. India further request the 
Appellate  Body to complete th e legal analysis and to find that the Minnesota solar thermal 
rebate under Measure 10 is inconsistent with the United States' obligations under 
Article  III:4 of the GATT 1994 and make appropriate recommendations to the DSB under 
Article 19 of the DSU.6  
 
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3 India's request in this Notice of Other Appeal must be read along with its Other Appellant's 
Submission.  
4 Panel Report, paras. 7.76, 7.77, 8.3(b); Addendum to the Panel Report (Annex E -1), paras. 4.7, 4.8.  
5 Panel Report, para. 7.72.  
6 India's request in  this Notice of Other Appeal must be read along with its Other Appellant's 
Submission.