INDIA – MEASURES CONCERNING THE IMPORTATION OF CERTAIN AGRICULTURAL PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY INDIA COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 5 December 2022
Document codes: WT/DS430/58
Complainant: U.S.
Respondent: India
Third parties: China, Colombia, Ecuador, EU, Guatemala, Japan, Vietnam, Argentina, Australia, Brazil
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.2, 2.3, 3.1, 5.1, 5.2, 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)Art. XI  GATT 1994

INDIA – MEASURES CONCERNING THE IMPORTATION
OF CERTAIN AGRICULTURAL PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY INDIA
COMMUNICATION FROM THE PANEL
The following communication, dated 2 December 2022, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU).

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the panel shall circulate its report within 90 days after the date of referral of
the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its report
within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons
together with an estimate of the period within which it will submit its report.

The Panel in this dispute was established on 22 May 2017 and composed, with the three original
panelists, on 29 June 2017.1

On 23 November 2017, the Panel informed the DSB that, due to the complexity of the issues in
dispute, it expected to issue its Final Report to the parties by the end of May 2018.

On 22 May 2018, the Panel informed the DSB that it had accepted a joint request from the parties
to delay the issuance of its Final Report until September 2018.

On 20 August 2018, the Panel informed the D SB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until December 2018.

On 29 October 2018, the Panel informed the DSB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until March 2019.

On 11 February 2019, the Panel informed the DSB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until June 2019.

On 22 May 2019, the Panel informed the DSB that it had accepted a further joint request from the
parties to delay the issuance of its Final Report until September 2019.

On 26 July 2019, the Panel informed the DSB that it had accepted a further joint request from the
parties to delay the issuance of its Final Report until December 2019.

1 See WT/DS430/22.

On 4 November 2019, the Panel informed the DSB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until March 2020.

On 3 February 2020, the Panel informed the DS B that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until June 2020.

On 26 May 2020, the Panel informed the DSB that it had accepted a further joint request from the
parties to delay the issuance of its Final Report until September 2020.

On 24 August 2020, the Panel informed the DSB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until March 2021.

On 12 April 2021, the Panel informed the DSB that it had accepted a further joint request from the
parties to delay the issuance of its Final Report until September 2021.

On 31 August 2021, the Panel informed the DSB that it had accepted a further joint request from
the parties to delay the issuance of its Final Report until November 2021.

On 17 September 2021, the Panel informed the DSB that it had accepted a further joint request
from the parties to delay the issuance of its Final Report until January 2022.

On 7 January 2022, the Panel informed the DSB that it had accepted further joint requests from the
parties to delay the proceedings, and that it expected to issue its Final Report by the end of May
2022.

On 9 March 2022, the Panel informed the DSB that it had accepted further joint r equests from the
parties to delay the proceedings, and that it expected to issue its Final Report by the end of
September 2022.

On 8 July 2022, the Panel informed the DSB that it had accepted further joint requests from the
parties to delay the proceeding s, and that it expected to issue its Final Report by the end of
December 2022.

The Panel now wishes to inform the DSB that the parties have again jointly requested the Panel to
delay the issuance of its Report. The Panel has accepted the parties' request, and accordingly now
expects to issue its Final Report in March 2023.

The report will only be available to the public once it is circulated to the Members in all three official
languages of the WTO. The date of circulation depends on completion of translation and the Panel is
not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the Members of the DSB.