INDIA - QUANTITATIVE RESTRICTIONS ON IMPORTS OF AGRICULTURAL, TEXTILE AND INDUSTRIAL PRODUCTS
Document: Original: English INDIA - QUANTITATIVE RESTRICTIONS ON IMPORTS OF AGRICULTURAL, TEXTILE AND INDUSTRIAL PRODUCTS Request for the Establishment of a Panel by the United States Thefollowingcommunication,dated 3 October1997,fromthe PermanentMission ofthe United States to the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.
Date: 6 October 1997
Document codes: WT/DS90/8
Complainant: U.S.
Respondent: India
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XIII  GATT 1994Art. 4.2  AgricultureArt. 3  Import LicensingArt. XI:1, XVIII:11  GATT 1994

INDIA - QUANTITATIVE RESTRICTIONS ON IMPORTS OF
AGRICULTURAL, TEXTILE AND INDUSTRIAL PRODUCTS
Request for the Establishment of a Panel by the United States
Thefollowingcommunication,dated 3 October1997,fromthe PermanentMission ofthe United
States to the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.
On 15 July 1997, the United States Government requested consultations with the Government
of India pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994 (“ GATT 1994"),
Article 19 of the Agreement on Agriculture (to the extent it incorporates by reference Article XXII
of GATT 1994), and Article 6 of the Agreement on Import Licensing Procedures (to the extent it
incorporates by reference Article XXII of GATT 1994) concerning quantitative restrictions maintained
by India on importation of a large number of agricultural, textile and industrial products ().
The United States and India held consultations on these measures in Geneva on 17 September, and
discussed their consistency with the relevant provisions of the GATT 1994, the Agreement on Agriculture
and the Agreement on Import Licensing Procedures. These consultations provided some helpful
clarifications but they have failed to settle the dispute.
The United States considers that quantitative restrictions maintained by India, including, but
not limited to, the more than 2 700 agricultural and industrial product tariff lines notified to the WTO
in Annex I, Part B of WT/BOP/N/21 dated 22 May 1997, appear to be inconsistent with India’ s
obligations under Articles XI:1 and XVIII:11 of GATT 1994 and Article 4.2 of the Agreement on
Agriculture. Furthermore, the import licensing procedures and practices of the Government of India
are inconsistent with fundamental WTO requirements as provided in Article XIII of GATT 1994 and
Article 3 of the Agreement on Import Licensing Procedures.
The quantitativerestrictionsreferredtoabove includeallimportprohibitions,bans,restrictions,
import licenses, special import licenses and the prohibition of non-commercial (sample) quantities as
well as the procedures to implement and administer these measures.
The United States and India continue to engage in promising consultations on these measures
in hopes of resolving the dispute. However, in the absence of a resolution at this time, the United
States, in order to preserve its rights, respectfully requests that the Dispute Settlement Body at its next
meeting on 16 October 1997 establish a panel to examine this matter.
Accordingly,the UnitedStates asks thatthisrequestfor the establishmentof apanel be inscribed
on the agenda of the meeting of the Dispute Settlement Body to be held on 16 October 1997.