INDIA – IMPORT RESTRICTIONS MAINTAINED UNDER THE EXPORT AND IMPORT POLICY 2002-2007
Document: Request for Consultations by the European Communities
Date: 9 January 2003
Document codes: WT/DS279/1; G/L/600; G/AG/GEN/57; G/LIC/D/36; G/SPS/GEN/367; G/TBT/D/26
Complainant: EU
Respondent: India
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. III, X, XI  GATT 1994Art. 1, 2, 3  Import LicensingArt. 2, 3, 5, 7, 8  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

INDIA – IMPORT RESTRICTIONS MAINTAINED UNDER
THE EXPORT AND IMPORT POLICY 2002-2007
Request for Consultations by the European Communities
The following communication, dated 23 December 2002, from the Permanent Delegation of
the European Commission to the Permanent Mission of India and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
On behalf of the European Communities, I hereby request consultations with India pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Article XXII of the General Agreemen t on Tariffs and Trade 1994 (GATT 1994), Article 19
of the Agreement on Agriculture, Article 6 of the Agreement on Import Licensing Procedures,
Article 11 of the Agreement on Sanitary and Phytosanitary Measures and Article 14 of the Agreement
on Technical Barriers to Trade, on the import rest rictions maintained by India under its Export and
Import Policy, 2002-2007.
The European Communities considers that these import restrictions may constitute an
infringement of, in particular but not necessarily exclusively, the following WTO provisions:
– Articles III, X and XI of GATT 1994;
– Article 4.2 of the Agreement on Agriculture;
– Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures;
– Articles 2, 3, 5, 7 and 8 of the Agreement on Sanitary and Phytosanitary Measures;
– Article 2 of the Agreement on Technical Barriers to Trade,
and may not be justified under Articles XX or XXI of GATT 1994.
While reserving its right to revert in the consultations to any product subject to restrictions as
detailed in India's EXIM Policy 2002-2007, the European Communities requests clarification of, and
the justification for, the import restrictions concerning the list of products attached to this request.
I look forward to receiving your reply to the EC's request, and to setting a mutually
convenient date for these consultations.
WT/DS279/1, G/L/600,
G/AG/GEN/57, G/LIC/D/36,
G/SPS/GEN/367, G/TBT/D/26

INDIA – ITEMS SUBJECT TO RESTRICTION
OF CONCERN TO THE EC
(AS OF DECEMBER 2002)
2002 HS
Code Product Description QR
symbol
Justification as per WTO
notification
010110.00 Live Horses, pure-bred breeding animals NAL A-XX(b)
010110.10 Live Horses NAL A-XX(b)
010310.00 Live swine, pure-bred breeding animals NAL A-XX(b)
010511.00 Fowls of the species Gallus Domesticus,
weighing not more than 185g other than
grandparent stock
NAL A-XX(b)
010512.00 Live turkeys, weighing not more than
185g, other than grandparent stock
NAL A-XX(b)
010519.00 Other NAL A-XX(b)
040700.10 Birds eggs of the species Gallus
Domesticus and ducks, for hatching
NAL A-XX(b)
040700.20 Of the species Gallus and ducks other than
for hatching
NAL A-XX(b)
040700.90 Other NAL A-XX(b)
050400.10 Guts of cattle for natural food casings P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
050400.20 Guts of sheep and goats for natural food
casings as also guts of other animals for
natural food casings
P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
050400.39 Other guts, other than for natural food
casings
P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
050400.49 Other bladders and stomachs P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
051110.10 Bovine Semen P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
051199.19 Other sinews and tendons P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
051199.99 Other P/NAL Products of species protected under the
Wild Life Protection Act, 1972, are
prohibited. Other products are
restricted
A-XX(b)
WT/DS279/1, G/L/600,
G/AG/GEN/57, G/LIC/D/36,
G/SPS/GEN/367, G/TBT/D/26

2002 HS
Code Product Description QR
symbol
Justification as per WTO
notification
060220.10 Edible fruit or nut trees, grafted or not NAL P-XX(b)
070110.00 Potatoes, fresh or chilled seed AL P-XX(b)
070190.00 Potatoes, fresh or chilled other NAL P-XX(b)
070320.30 Garlic, fresh or chilled NAL P-XX(b)
091099.11 Celery seed NAL P-XX(b)
091099.12 Fenugreek seed NAL P-XX(b)
121140.00 Poppy straw NAL H-XX(b)
121190.32 Psyllium husk NAL H-XX(b)
121190.13 Psyllium seed NAL H-XX(b)
121190.60 Vinca Rosea herbs NAL H-XX(b)
230110.10 Meat meals and pellets (including tankage) NAL A-XX(b)
230110.90 Other (including greaves) NAL A-XX(b)
251512.10 Marble blocks NAL C-XX(g)
251512.20 Marble slabs NAL C-XX(g)
251611.00 Granite crude or ro ughly trimmed NAL C-XX(g)
251612.00 Granite merely cut by sawing or otherwise
into blocks or slabs of a rectangular
(including square) shape
NAL C-XX(g)
292090.30 Tris (2,3 di-bromo propyl) phosphate NAL SEC-XXI(b)
292090.90 Crocodilite NAL SEC-XXI(b)
293090.80 Allyl iso-thiocyanate NAL SEC-XXI(b)
293359.40 1-amino-4-methyl piperazine NAL SEC-XXI(b)
294110.10 Penicilline and its salts NAL H-XX(b)
294110.50 6-APA NAL H-XX(b)
294190.11 Rifampicin NAL H-XX(b)
294190.12 3 formyl Rifa S.V (Rifa int) NAL H-XX(b)
294190.13 Rifa S/Rifa S sodium (Rifa int) NAL H-XX(b)
294190.14 1-amino-4-methyl piperazine (Rifa int) NAL H-XX(b)
300310.00 Medicaments containing penicilline or
derivatives thereof, with a penicillanic acid
structure or streptomycins or their
derivatives, not put up in measured doses
or in forms or packaging for retail sale
NAL H-XX(b)
300410.10 Penicilline NAL H-XX(b)
300420.92 Rifampicin NAL H-XX(b)
300650.00 First aid boxes and kits NAL H-XX(b)
310100.91 Animal Dung NAL H-XX(b)
310100.92 Animal excreta NAL H-XX(b)
340490.31 Poly Brominated Biphenyls NAL H-XX(b)
340490.32 Poly Chlorinated Biphenyls NAL H-XX(b)
340490.33 Poly Chlorinated Terphenyls NAL H-XX(b)
360410.00 Fireworks NAL H-XX(b)
360490.10 Ships signals NAL H-XX(b)
360490.90 Others NAL H-XX(b)
360500.10 Safety matches NAL H-XX(b) or SEC XXI(b)
360500.90 Other matches NAL H-XX(b) or SEC XXI(b)
360690.10 Combustible preparations NAL H-XX(b) or SEC XXI(b)
360690.91 Ferro-cerium in all forms NAL H-XX(b) or SEC XXI(b)
360690.92 Pyrophoric alloys in all forms NAL H-XX(b) or SEC XXI(b)
370610.11 Feature films of a width 35mm or more
made wholly in black and white and of a
length not exceeding 4000 metres
AL/NAL LR-XX(d)
WT/DS279/1, G/L/600,
G/AG/GEN/57, G/LIC/D/36,
G/SPS/GEN/367, G/TBT/D/26

2002 HS
Code Product Description QR
symbol
Justification as per WTO
notification
370610.12 Feature films of a width 35mm or more
made wholly in black and white and of a
length exceeding 4000 metres
AL/NAL LR-XX(d)
370610.13 Feature films of a width 35mm or more
made wholly or partly in colour and of a
length not exceeding 4000 metres
AL/NAL LR-XX(d)
370610.14 Feature films of a width 35mm or more
made wholly or partly in colour and of a
length exceeding 4000 metres
AL/NAL LR-XX(d)
370690.11 Other Feature films made wholly in black
and white and of a length not exceeding
4000 metres.
AL/NAL LR-XX(d)
370690.12 Other Feature films made wholly in black
and white and of a length exceeding 4000
metres.
AL/NAL LR-XX(d)
370690.13 Other Feature films made wholly or partly
in colour and of a length not exceeding
4000 metres.
AL/NAL LR-XX(d)
370690.14 Other Feature films made wholly or partly
in colour and of a length exceeding 4000
metres.
AL/NAL LR-XX(d)
370610.20 Documentary shorts and films certified as
such by the Central Board of Film
Certification
AL/NAL LR-XX(d)
370610.20 Documentary Shorts and films certified as
such by the Central Board of Film
Certification
AL/NAL LR-XX(d)
370610.51 Patch prints, including logos intended
exclusively for the entertainment of
children
AL/NAL LR-XX(d)
370690.51 Other children's films: Patch prints,
including logos intended exclusively for
the entertainment of children
AL/NAL LR-XX(d)
370690.20 Documentary Films AL/NAL LR-XX(d)
370690.20 Other documentary shorts and films
certified as such by the Central Board of
Films Certification
Not
Presume
Stated
As above
370690.41 Made wholly in black and white Not Stated
370690.42 Made wholly or partly in colour Not Stated
370610.41 Made wholly in black and white Not Stated
370610.42 Made wholly or partly in colour Not Stated
370610.92 Master positives, exposed negatives, dupes
and rush prints as are not cleared for public
exhibitions
Not Stated
370610.99 Other AL/NAL LR-XX(d)
480100.10 Glazed newsprint AL Imports by others than registered users:
LR-XX(d)
480100.90 Other Newsprint AL Imports by others than registered users:
LR-XX(d)
710812.00 Gold, other unwrought form SIL Au-XX(c)
711890.00 Other (coins) NAL LR-XX(d)
720429.10 Empty or discharged cartridges of all bores
and sizes
NAL Sec XXI(b)
WT/DS279/1, G/L/600,
G/AG/GEN/57, G/LIC/D/36,
G/SPS/GEN/367, G/TBT/D/26

2002 HS
Code Product Description QR
symbol
Justification as per WTO
notification
852439.20 Other video films NAL LR – XX(d)
852510.10 Radio broadcast transmitter NAL LR-XX(d) or SEC - XXI (b)
852510.20 TV broadcast transmitter NAL LR-XX(d) or SEC - XXI (b)
852510.90 Other NAL LR-XX(d) or SEC - XXI (b)
852520.15 Marine radio equipment NAL LR-XX(d) or SEC - XXI (b)
852520.19 Other NAL LR-XX(d) or SEC - XXI (b)
852520.92 Other satellite communication equipment NAL LR-XX(d) or SEC - XXI (b)
852520.99 Other NAL LR-XX(d) or SEC - XXI (b)
852910.11 Aerials and aerial reflectors of all kinds;
parts suitable for use therewith. Dish
antenna for communication jamming
equipment
NAL LR - XX(d)
852910.22 Other aerials/antenna for communication
jamming equipment
NAL LR - XX(d)
852990.20 Other for communication jamming
equipment
NAL LR - XX(d)
880220.00 Aeroplanes and other aircrafts, of an
unladen weight not exceeding 2000 kg
AL/NAL Airplanes and helicopters can be
imported without a licence by
importers fulfilling conditions
announced through a public notice.
Other products are restricted: H-XX(b)
or LR - XX(d)
880230.00 Aeroplanes and other aircraft, of an
unladen weight exceeding 2000 kg but not
exceeding 15000 kg
AL/NAL Airplanes and helicopters can be
imported without a licence by
importers fulfilling conditions
announced through a public notice.
Other products are restricted: H-XX(b)
or LR - XX(d)
880240.00 Aeroplanes and other aircraft, of an
unladen weight exceeding 15000 kg
AL/NAL Airplanes and helicopters can be
imported without a licence by
importers fulfilling conditions
announced through a public notice.
Other products are restricted: H-XX(b)
or LR - XX(d)
970500.10 Stuffed animals and birds, taxidermy NAL Permissable under clause 3(1) of
Foreign Trade (Exemption from
Application of rules in certain cases)
Order, 1993
970500.90 Other NAL Permissable under clause 3(1) of
Foreign Trade (Exemption from
Application of rules in certain cases)
Order, 1993
970600.00 Antiques of an age exceeding 100 years NAL Permissable under clause 3(1) of
Foreign Trade (Exemption from
Application of rules in certain cases)
Order, 1993