WT/DS582/1  
G/L/1303  
 
9 April 2019  
(19-2297) Page: 1/7 
  Original: English  
 
 INDIA – TARIFF TREAT MENT ON CERTAIN GOOD S IN THE INFORMATION AND 
COMMUNICATIONS TECHN OLOGY SECTOR  
REQUEST FOR CONSULTA TIONS BY THE EUROPEAN UNION  
The following communication, dated  2 April 2019 , from the delegation of the European Union  to the 
delegation of India, is circulated to the Dispute Settlement Body in accordance with Article 4.4 of 
the DSU.  
 
_______________  
 
My authorities have instructed me to request consultations with the Government of India, pursuant 
to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes ("DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") 
with regard to the tariff treatment that India accords to certain goods in the i nformati on and 
communications technology sector.  
India applies duties in excess of the rates bound  in its Schedule of Concessions and Commitments 
annexed to the GATT 1994 ( "Schedule ") on imports of certain goods in the information and 
technology sector, includin g, in particular, the following categories of products:  
- laboratory, hygienic or pharmaceutical glassware, g lass shells, glass globes and glass founts;  
- machines and apparatus for the manufacture of semiconductor boules or wafers, 
semiconductor devices, electronic integrated circuits or flat panel displays;  
- electrical transformers, static converters and inductors;  
- telephone sets, including telephones for cellular networks or for other wireless networks: 
other apparatus for the transmission or rec eption of vice, images or other data, including 
apparatus for communication in a wired or wireless network;  
- microphones and stands therefor: loudspeakers, headphones and earphones, sets consisting 
of a microphone and one or more loudspeakers, audio -frequen cy electric amplifiers, electric 
sound amplifier sets;  
- transmission apparatus for radio -broadcasting or television, television cameras, digital 
cameras and video camera recorders;  
- parts suitable for use with transmission apparatus for radio -broadcasting or  television, 
television cameras, digital cameras and video camera recorders, radio apparatus, radio 
navigational aid apparatus and radio remote control apparatus, reception apparatus for 
radio-broadcasting, monitors and projectors;  
- electronic integrated ci rcuits;  
- insulated wire, cable and other insulated electric conductors, optical fibre cables;  
- oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or 
checking electrical quantities, for measuring or detecting alpha, beta, gamm a, X-ray, cosmic 
or other ionising radiations;  
- measuring or checking instruments, appliances and machines, profile projectors.  
By way of example, the applied duty rates on the tariff lines presented in the attached table clearly 
exceed the bound rate in In dia's Schedule, which is set at 0%.  WT/DS582/1 • G/L/1303  
 
- 2 - 
 
  India imposes these measures through, inter alia, the following legal instruments:  
- Section 12 of the Customs Act, 1962, requiring the collection of customs duties as specified 
in the Customs Tariff Act, 1975.  
- Section 2 and the First Schedule of the Customs Tariff Act, 1975, as amended from time to 
time, including most recently by:  
o Finance Act of 2014 (2014 -2015 "Union Budget")  
o Finance Act of 2007 (2007 -2008 "Union Budget ")  
o Finance Act of 2018 (2018 -2019 "Union  Budget")  
- Notifications granting exemption from duty pursuant to Section 25 of the Customs Act, 1962 
and to Section 3 of Customs Tariff Act, 1975 and setting the applicable rates for the products 
concerned, including in particular:  
o No. 19/2016 -Customs of 1 March 2016  
o No. 32/2016 -Customs of 5 May 2016  
o No. 50/2017 -Customs of 30 June 2017,  
o No. 56/2017 -Customs of 30 June 2017,  
o No. 57/2017 -Customs of 30 June 2017,  
o No. 58/2017 -Customs of 30 June 2017,  
o No. 67/2017 -Customs of 14 July 2017,  
o No. 91/2017 -Customs  of 14 December 2017  
o No. 6/2018 -Customs of 2 February 2018,  
o No. 22/2018 -Customs of 2 February 2018,  
o No. 36/2018 -Customs of 2 April 2018,  
o  No. 37/2018 -Customs of 2 April 2018,  
o No. 38/2018 -Customs of 2 April 2018,  
o No. 39/2018 -Customs of 2 April 2018,  
o No. 40/2018 -Customs of 2 April 2018,  
o No. 74/2018 -Customs of 11 October 2018,  
o No. 75/2018 -Customs of 11 October 2018,  
o No. 76/2018 -Customs of 11 October 2018,  
o No. 02/2019 -Customs of 29 January 2019.  
For each of the measures referred to above, this request also covers any amendments, 
replacements, extensions, implementing measures or other related measures adopted by the 
legislative or executive authorities of India.  
These measures appear to be incons istent with India 's obligations under the covered agreements 
and, in particular, with Article II:1 (a) and (b) of the GATT 1994, because, through those measures, 
India accords to the EU commerce of certain goods in the information and communications 
techno logy sector treatment less favourable than that provided for in its Schedule and does not 
exempt those goods from ordinary customs duties or other import duties in excess of those set forth 
and provided in its Schedule, respectively.  
The tariff treatment t hat India accords to certain goods in the i nformation and communications 
technology sector identified in this request appears to nullify or impair the benefits accruing to the 
European Union directly or indirectly under the covered agreements.  
 WT/DS582/1 • G/L/1303  
 
- 3 - 
 
  The Europe an Union reserves the right to address additional measures and claims under other 
provisions of the covered agreements regarding the above matters during the course of the 
consultations.  
The European Union looks forward to receiving India 's reply to this r equest and expresses its 
readiness to consider a mutually convenient date and place for the consultations.  
 
 
 
_______________  
 
  
  WT/DS582/1 • G/L/1303  
 
- 4 - India WTO certified schedule  India applied duties  
(1) 
HS2007  (2) 
ex. (3) 
Description  (4) 
Tariff 
binding  (5) 
HS2017  (6) 
Description  (7) 
Applied 
duty  
7017.10  01' - - Quartz reactor tubes and holders 
designed for insertion into diffusion and 
oxidation furnaces for production of Semi -
conductor wafers.  0% 7017.10.00  - Of fused quartz or other fused silica  10%  
7020.00  01' - Quartz reactor tubes and holders designed 
for insertion into diffusion and oxidation 
furnaces for production of semi conductor 
wafers  0% 7020.00.29  
 
7020.00.90  - - - Other  
 
- - Other  10% 
 
10%  
8486.10.
00 - - Machines and apparatus for the 
manufacture of boules or wafers  0% 8486.10.00  - Machines and apparatus for the 
manufacture of boules or wafers  7.5%   
8486.20.
00 - - Machines and apparatus for the 
manufacture of semiconductor devices or of 
electronic integrated circuits  0% 8486.20.00  - Machines and apparatus for the 
manufacture of semiconductor devices or of 
electronic integrated circuits  7.5%   
8486.30.
00 - - Machines and apparatus for the 
manufacture of flat panel displays  0% 8486.30.00  - Machines and apparatus for the 
manufacture of flat panel displays  7.5%   
8486.40.
00 - - Machines and apparatus specified in Note 9 
(C) to this Chapter  0% 8486.40.00  - Machines and apparatus specified in Note 9 
(C) to this Chapter  7.5%   
8486.90.
00 - - Parts and accessories  0% 8486.90.00  - Parts and accessories  7.5%   
8504.40  02' - - Static converters for automatic data 
processing machines and units thereof, and 
telecommunication apparatus  0% 8504.40.90  - - Other  15%  
8504.90  01' - - Printed circuit assemblies for static 
convertors for automatic data processsing 
machines and units thereof, and 
telecommunication apparatus; printed circuit 
assemblies for other inductors for power 
supplies for automatic data processing 
machines and un its thereof, and 
telecommunication apparatus  0% 8504.90.90  - - Other  10%  
8517.12  - - - Telephones for cellular networks or for 
other wireless networks  0% 8517.12.10  
 
8517.12.90  - - - Push button type  
 
- - - Other  20% 
 
20%   
  WT/DS582/1 • G/L/1303  
 
- 5 - India WTO certified schedule  India applied duties  
(1) 
HS2007  (2) 
ex. (3) 
Description  (4) 
Tariff 
binding  (5) 
HS2017  (6) 
Description  (7) 
Applied 
duty  
8517.61  - - - Base stations  0% 8517.61.00  - - Base stations  20%  
8517.62  - - - Machines for the reception, conversion 
and transmission or regeneration of voice, 
images or other data, including switching 
and routing apparatus  0% 8517.62.90  - - - Other  10% or  
20%  
8517.70  
 
 
8517.70  
 
 
8517.70  01' 
 
 
02' 
 
 
03' - - Parts and accessories of the machines of 
heading 84.71: For populated PCBs  
 
- - Parts and accessories of the machines of 
heading 84.71: Other  
 
- - Other  0% 
 
 
0% 
 
 
0% 8517.70.10  
 
 
8517.70.90  - - Populated, loaded or stuffed printed 
circuit boards  
 
- - Other  10% 
 
 
15%  
8518.10  01' - - Microphones having a frequency range of 
300 Hz to 3,4 KHz  with a diameter of not 
exceeding 10 mm and a height not exceeding 
3 mm, for telecommunication use  0% 8518.10.00  - Microphones and stands therefor  15%  
8518.29  
 
 
 
 
 
8518.29  01' 
 
 
 
 
 
02' - - - Loudspeakers, without housing, having 
a frequency range of 300 Hz to 3,4 KHz with 
a diameter of not exceeding 50mm, for 
telecommunication use - cone type  
 
- - - Loudspeakers, without housing, having 
a frequency range of 300 Hz to 3,4 KHz with 
a diame ter of not exceeding 50mm, for 
telecommunication use - Other than cone 
type 0% 
 
 
 
 
 
0% 8518.29  - - Other  15%  
8518.30  01' - - Line telephone handsets  0% 8518.30  - Headphones and earphones, whether or 
not combined with a microphone, and sets 
consisting of a microphone and one or more 
loudspeakers  15%  
8525.80  02' - - Still image video cameras and other video 
camera recorders; digital cameras: Digital 
still image video cameras  0% 8525.80.20  - - Digital cameras  15%   
  WT/DS582/1 • G/L/1303  
 
- 6 - India WTO certified schedule  India applied duties  
(1) 
HS2007  (2) 
ex. (3) 
Description  (4) 
Tariff 
binding  (5) 
HS2017  (6) 
Description  (7) 
Applied 
duty  
8529.90  01' - - Parts and accessories of the machines of 
heading 84.71  0% 8529.90  
 
8529.90.10  
 
 
8529.90.20  
 
 
8529.90.90  - Other:  
 
- - For communication jamming equipment  
 
- - For amateur radio communication 
equipment  
 
- - Other   
 
7.5%  
 
 
7.5%  
 
 
15%  
8542.39  01' - - - Of monolithic and hybrid integrated 
circuits  0% 8542.39  - - Other  7.5%   
8544.42  01' - - Of a kind used for telecommunications  0% 8544.42.91  
 
 
8544.42.92  
 
 
8544.42.93  - - - - Paper insulated, of a kind used in 
telecommunication  
 
- - - - Plastic insulated, of a kind used in 
telecommunication  
 
- - - - Rubber insulated, of a kind used in 
telecommunication  15% 
 
 
15% 
 
 
15%  
8544.49  01' - - - For a voltage not exceeding 80 V :  Of a 
kind used for telecommunications  0% 8544.49.91  
 
 
8544.49.92  
 
 
8544.49.93  - - - - Paper insulated, of a kind used in 
telecommunication  
 
- - - - Plastic insulated, of a kind used in 
telecommunication  
 
- - - - Rubber insulated, of a kind used in 
telecom munication  15% 
 
 
15% 
 
 
15%  
9030.90  
 
 
 
9030.90  01' 
 
 
 
02' - - Parts and accessories of instruments and 
apparatus for measuring or checking 
semiconductor wafers or devices  
 0% 
 
 
 
0% 9030.90.90  - - Other  7.5%    
  WT/DS582/1 • G/L/1303  
 
- 7 - India WTO certified schedule  India applied duties  
(1) 
HS2007  (2) 
ex. (3) 
Description  (4) 
Tariff 
binding  (5) 
HS2017  (6) 
Description  (7) 
Applied 
duty  
 - - Parts of instruments and appliances for 
measuring or checking semiconductor wafers 
or devices  
9031.49  01' - - - Optical instruments and appliances for 
measuring surface particulate contamination 
on semiconductor wafers  0% 9031.49.00    Other  7.5%   
 
 
 
 
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