WT/DS585/1  
G/L/1320  
 
4 July 2019  
(19-4480) Page: 1/2 
  Original: English  
 
INDIA - ADDITIONAL D UTIES ON CERTAIN PRO DUCTS FROM THE UNITE D STATES   
REQUEST FOR CONSULTA TIONS BY THE UNITED STATES  
The following communication, dated  3 July 2019 , from the delegation of the United States  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 ("India") 
pursuant to Article 4 of the Understanding on Rul es and Procedures Governing the Settlement of 
Disputes  ("DSU") and Article XXI II of the General Agreement on Tariffs and Trade 1994  
("GATT  1994") with respect to India 's imposition  of additional duties with respect to  certain p roducts 
originating in the United States  ("additional duties measure "). 
 
India does not impose the additional duties measure on like products originating in the territory of 
any other WTO Member. India also appears to be applying rates of duty to US imports greater than 
the rates of  duty set out in India 's schedule of concessions.1 
 
The legal instruments through which India imposes the additional duties measure include the 
following:  
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 48/2018 – Customs,  June 20, 2018;  
 
• Government of India, Ministry of Finance, Department of Revenue, Notificatio n 
No. 49/2018 – Customs, June 20, 2018;  
 
• Government of India, Ministry of Finance, Department of Revenue, Notification 
No. 56/2018 – Customs, August 3, 2018;  
 
• Government of India, Ministry of Finance, Department of Revenue, Notification 
No. 62/2018  – Customs , September 17,  2018;  
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 77/2018 – Customs, November 1, 2018 ; 
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 80/2018 – Customs, December 1 5, 2018 ; 
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 03/2019 – Customs, January 29, 2019 ; 
 
                                                
1 India has stated publicly that its additional duties are permitted under the  Agreement on 
Safeguards . The United States has not adopted a safeguard measure in connection with any issue in this 
dispute.  The Agreement on Safeguards  is therefore not implicated in this dispute, and India 's addi tional duties 
could not be consistent with Articles 8.2 or 8.3 of the Agreement on Safeguards . WT/DS585/1 • G/L/1320  
 
- 2 - 
 
  • Government of India, Ministry  of Finance, Departme nt of Revenue, Notification 
No. 06/2019 – Customs, February 26, 2019 ; 
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 11/2019 – Customs, March 29, 2019 ; 
 
• Government of India, Ministry of Finance, Depa rtment of Revenue, Notification 
No. 14/2019 – Customs, May 1, 2019 ; 
 
• Government of India, Ministry of Finance, Departme nt of Revenue, Notification 
No. 15/2019 – Customs, May 14, 2019 ; 
 
• Government of India, Ministry of Finance, Department of Revenue, Notifi cation 
No. 16/2019  – Customs, June 15, 2019;  
 
• Government of India, Ministry of Finance, Department of Revenue, Notification 
No. 17/2019  – Customs, June 15, 2019 ; 
as well as any amendments, replacements, related measures or implementing measures.  
 
The addit ional duties measure appear s to be inconsistent with:  
 
• Article I:1 of the GATT 1994, because India fails to extend to products of the United States 
an advantage, favor, privilege or immunity granted by India with respect to customs duties 
and charges of an y kind imposed on or in connection with the importation of products 
originating in the territory of other Members, and  
 
• Article II:1(a) and (b) of the GATT 1994, because India accords less favorable  treatment to 
products originating in the United States than that provided for in India 's schedule of 
concessions.    
The additional duties measure appears to nullify or impair the benefits accruing to the United States 
directly or indirectly under the GAT T 1994.  
 
We look forward to receiving your reply to the present request and to fixing a mutually convenient 
date to hold consultations.  
 
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