dean22029/WTO_Docs huggingface dataset:
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Singapore
Date: 23 April 2019
Document codes: WT/DS582/2
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from Singapore
The following communication, dated 17 April 2019 , from the delegation of Singapore to the
delegation of India, and the delegation of the European Union, is circulated to the Dispute Settlement
Body in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), Singapore notifies the consulting Members and the Dispute Settlement Body that it
desires to be joined in India's consultations with the European Union pursuant to the communication
entitled India – Tariff Treatment on Certain Goods in the Information and Communications
Technology Sector circulated to WTO Members on 9 April 2019 (). This is because
Singapore, as one of the world's largest exporter of Information and Communications Technology
(ICT) products, with export value of US$ 120 billion annually, has substantial trade interest in this
matter.

Singapore looks forward to a favourable response.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Chinese Taipei
Date: 23 April 2019
Document codes: WT/DS582/3; WT/DS582/1; G/L/1303
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from Chinese Taipei
The following communication, dated 17 April 2019 , from the delegation of Chinese Taipei to the
delegation of India, and the delegation of the European Union, is circulated to the Dispute Settlement
Body in accordance with Article 4.11 of the DSU.

I would like to refer to the consultat ions requested by the European Union in the communication
circulated to WTO Members on 9 April 2019 ( and ) titled INDIA – TARIFF
TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY
SECTOR.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu hereby notifies the
consulting Members and the Dispute Settlement Body of its desire to be joined in these consultations.

The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has a substantial trade
interest in information communications technology goods and a systemic interest in the
interpretation of the provisions of the General Agreement on Tariffs and Trade 1994 with respect to
the measures in question relate to the tariff treatment that India accords to certain goods in the
information and communications technology sector.

I looks forward to receiving confirmation of acceptance of this r equest, as well as advice regarding
the time and venue for these consultations.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 23 April 2019
Document codes: WT/DS582/4; WT/DS582/1
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 18 April 2019, from the delegation of the United States to the
delegation of India, and the delegation of the European Union, is circulated to the Dispute Settlement
Body in accordance with Article 4.11 of the DSU.

This concerns the request for consu ltations by the European Union on India – Tariff Treatment on
Certain Goods in the Information and Communications Technology Sector (). My
authorities have instructed me to notify the consulting Members and the Dispute Settlement Body
of the desire of the United States to be joined in these consultations, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.

The United States has a substantial trade interest in these consultations. The United States is a
significant exporter of goods in the information and technology sector in the categories of products
described in the European Union's request. U.S. exports to India of goods subject to the measures
identified in the European Union 's request as listed in the annex, for example, were valued at
approximately $490 million in 2018. As such, the United States considers that it has a substantial
trade interest and requests to be joined in these consultations.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Thailand
Date: 24 April 2019
Document codes: WT/DS582/5
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from Thailand
The following communication, dated 18 April 2019, from the delegation of Thailand to the delegation
of India, and the delegation of the European Union, is circulated to the Dispute Settlement Body in
accordance with Article 4.11 of the DSU.

My authorities have instructed me to notify the consulting Members and the Di spute Settlement
Body of Thailand’s desire, pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, to be joined in the consultations requested by the European
Union in a communication circulated to WTO M embers on 9 April 2019, in document
entitled India – Tariff Treatment on Certain Goods in the Information and Communications
Technology Sector.
Thailand has a substantial trade interest in these consultations. In 2018, India imported the products
presented in the attached table of the document from Thailand in the amount of
US$ 318.2 million. In particular, from 2015 to 2017 Thailand was India ’s largest supplying market
for digital cameras (HS2017 code 8525.80.20), with imports from Th ailand accounting for 34.5
percent of India’s total imports. The measures at issue identified in the request for consultations
may substantially affect Thailand’s sales and exports of these products. As a result of this substantial
trade interest, Thailand requests that it be permitted to join the consultations in this dispute.
Thailand looks forward to acceptance of this request and advice regarding the date and venue of the
consultations.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Canada
Date: 24 April 2019
Document codes: WT/DS582/6
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from Canada
The following communication, dated 18 April 2019, from the delegation of Canada to the delegation
of India, and the delegation of the European Union, is circulated to the Dispute Settlement Body in
accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), the Government of Canada hereby notifies its request to join the consultations
requested by the European Union pursuant to Articles 1 and 4 of the DSU, and Article XXII of the
General Agreement on Tariffs and Trade 1994 with regard to the tariff treatment that India accords
to certain goods in the information and communications technology sector. The request of the
European Union, which was circulated to Members on 9 April 2019, is set out in document

Canada has a substantial trade interest in these consultations. Over 2016-2018, India’s imports from
Canada of ICT products identified in the EU request for consultations averaged US$ 40.2 million.
This reflected 43.7% of India’s total imports of ICT products from Canada. ICT is an important sector
for Canada’s economy which relies on access to global markets. Over 2016 -2018, Canada’s global
exports of all ICT products averaged US$ 11.3 billion and accounted for 2.8% of all Canadian exports.
Based on the foregoing, Canada respectfully requests that it be permitted to join the consultations
in this dispute.

A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with a request
that it be circulated to Members.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Japan
Date: 24 April 2019
Document codes: WT/DS582/7
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from Japan
The following communication, dated 18 April 2019, from the delegation of Japan to the delegation
of India, and the delegation of the European Union, is circulated to the Dispute Settlement Body in
accordance with Article 4.11 of the DSU.

I wish to refer to the consultations requested by the European Union pursuant to Article 1 and 4 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") in the
communication circulated to WTO Members on 9 April 2019, titled " India — Tariff Treatment on
Certain Good in the Information and Communications Technology Sector " (, ).
My authorities have instructed me to notify the consulting Members and the Dispute Settlement
Body of the desire of Japan to join in the consultations, pursuant to paragraph 11 of Article 4 of the
DSU.

The subject matter of the consultations requested by the European Union relates to India 's tariff
treatment on certain information and communication technology products. Japan exports to India
some of the products at issue, including in particular cellular mobile phones and their parts. A
number of Japanese companies which export the products at issue have continued to express their
serious concerns on India's tariff increase on those products.

For these reasons, Japan has a substantial trade interest in the consultations the European Union
requested, and wishes to join in the consultation.

Japan looks forward to receiving confirmation of acceptance of this request as well as being informed
of the date and venue of the consultations.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR REQUEST TO JOIN CONSULTATIONS
Document: Communication from China
Date: 24 April 2019
Document codes: WT/DS582/8
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
REQUEST TO JOIN CONSULTATIONS
Communication from China
The following communication, dated 19 April 2019, from the delegation of China to the delegation
of India, and the delegation of the European Union, is circulated to the Dispute Settlement Body in
accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), China hereby notifies the consulting Members and the Dispute Settlement Body
that, in light of its substantial trade interest, it desires to be joined in the consultations requested
by the European Union in a communicat ion circulated to WTO Members on 9 April 2019, entitled
India – Tariff Treatment on Certain Goods in the Information and Communications Technology Sector

China notes that the request for consultations relates to duties applied by India on imports of certain
goods in the information and technology sector. China has a substantial trade interest in the
consultations as China is India's largest source of import , in particular import of mechanical and
electrical products classified in HS Chapters 84 and 85, and one of the main exporters of information
technology products in the world. For example, t he statistics show that in 2018, China's export of
the products classified in HS Chapter 85 to India amounted to US$ 23,357 million, the products
classified in HS Chapter 84 amounted to US$ 13,655 million, and the products classified in HS
Chapter 90 amounted to US$1,611 million.

China looks forward to receiving your reply and advice of the date and venue of the consultations.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 1 September 2020
Document codes: WT/DS582/10; WT/DS582/9; WT/DS582/9
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
1. At its meeting on 29 June 2020 , the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the European Union in
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 19 August 2020, the European Union requested that the Director-General determine the
composition of the panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Ch airman receives such a
request.
4. On 31 August 2020, the Director-General accordingly composed the Panel as follows:

 Chairperson: Paul O'CONNOR

 Members: Samantha ATAYDE ARELLANO
 Fabián VILLARROEL RÍOS

5. Brazil, Canada, China, Indonesia, Japan, the Republic of Korea, Norway, Pakistan, the Russian
Federation, Singapore, Chinese Taipei, Thailand, Turkey, Ukraine, and the United States have
reserved their rights to participate in the Panel proceedings as third parties.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 8 March 2021
Document codes: WT/DS582/11
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS
IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR
COMMUNICATION FROM THE PANEL
The following communication, dated 4 March 2021 , addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the pe riod in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on India – Tariffs on ICT Goods (DS582) was established by the DSB on 29 June 2020
and composed on 31 August 2020.

In accordance with the Panel's timetable adopted thus far following consultations with the parties ,
the Panel estimates that it will issue its final report to the parties in the second quarter of 2022.

The report will only be available to the public once it is circulated to the Members in all three working
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 DSB.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 30 June 2022
Document codes: WT/DS582/12
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
COMMUNICATION FROM THE PANEL
The following communication, dated 29 June 2022, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the pe riod in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on India – Tariffs on ICT Goods (DS582) was established by the DSB on 29 June 2020
and composed on 31 August 2020.

In its communication to the DSB of 4 March 2021 (), the Panel indicated that it
expected to issue its final report to the parties in the second quarter of 2022. However, the COVID-
19 pandemic and related travel and other restrictions caused delays to the proceedings.

In accordance with the revised Timetable adopted thus far following consultations with the parties,
the Panel estimates that it will issue its final report to the parties not before the end of 2022.

The report will only be available to the public once it is circulated to the Members in all three working
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 DSB.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 20 December 2022
Document codes: WT/DS582/13
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
COMMUNICATION FROM THE PANEL
The following communication, dated 16 December 2022, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the pe riod in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on India – Tariffs on ICT Goods (EU) (DS582) was established by the DSB on 29 June
2020 and composed on 31 August 2020.

In its communication to the DSB of 29 June 2022 (), the Panel indicated that it
expected to issue its final report not before the end of 2022.

Due to the delays caused by the COVID -19 pandemic, as well as the fact that the same panelists
have been appointed in this dispute and in two other disputes1, the Panel now estimates that it will
issue its final report to the parties in the first quarter of 2023.

The report will only be available to the public once it is circulated to the Members in all three working
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 DSB.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR JOINT REQUEST BY THE EUROPEAN UNION AND INDIA FOR A DECISION BY THE DSB
Document: REQUEST BY THE EUROPEAN UNION AND INDIA FOR A DECISION
Date: 5 June 2023
Document codes: WT/DS582/14
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
JOINT REQUEST BY THE EUROPEAN UNION AND INDIA
FOR A DECISION BY THE DSB
The following communication, dated 2 June 2023, from the delegation of the European Union and
the delegation of India to the Chairperson of the Dispute Settlement Body (DSB), is circulated at the
request of those delegations.

The European Union and India would like to request that the Dispute Settlement Body (DSB) adopt
the draft decision attached to this communication with respect to the dispute India — Tariff
Treatment on Certain Goods in the Information and Communications Technology Sector (DS582) at
the special meeting of the DSB scheduled for 15 June 2023. We consider that the draft DSB decision,
if adopted, would facilitate the resolution of the dispute.
We respectfully request that you circulate this request to the Members of the DSB.

Draft decision of the DSB
The DSB agrees that, upon a request by the European Union or India, the DSB shall no later than
19 September 2023 adopt the report of the Panel in the dispute India — Tariff Treatment on Certain
Goods in the Information and Communications Technology Sector (DS582) of 17 April 2023 unless
(i) the DSB decides by consensus not to do so or (ii) either party to the dispute notifies the DSB of
its decision to appeal pursuant to Article 16.4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes. Any such adoption or appeal of the panel report will be
deemed to have occurred within the 60-day time period specified in Article 16.4 of the DSU.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR JOINT REQUEST BY THE EUROPEAN UNION AND INDIA FOR A DECISION BY THE DSB
Document: REQUEST BY THE EUROPEAN UNION AND INDIA FOR A DECISION
Date: 6 September 2023
Document codes: WT/DS582/15
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
JOINT REQUEST BY THE EUROPEAN UNION AND INDIA
FOR A DECISION BY THE DSB
The following communication, dated 5 September 2023 , from the delegation of the
European Union and the delegation of India to the Chairperson of the Dispute Settlement Body
(DSB), is circulated at the request of those delegations.

The European Union and India would like to request that the Dispute Settlement Body (DSB) adopt
the draft decision attached to this communication with respect to the dispute India — Tariff
Treatment on Certain Goods in the Information and Communications Technology Sector (DS582)
at the meeting of the DSB schedul ed for 19 September 2023. We consider that the draft DSB
decision, if adopted, would facilitate the resolution of the dispute.
We respectfully request that you circulate this request to the Members of the DSB.

Draft decision of the DSB
The DSB agrees that, upon a request by the European Union or India, the DSB shall no later than
18 December 2023 adopt the report of the Panel in the dispute India — Tariff Treatment on
Certain Goods in the Information and Communications Technology Sec tor (DS582) of 17 April
2023 unless (i) the DSB decides by consensus not to do so or (ii) either party to the dispute
notifies the DSB of its decision to appeal pursuant to Article 16.4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes. Any such adoption or appeal of the panel
report will be deemed to have occurred within the 60 -day time period specified in Article 16.4 of
the DSU.
INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND COMMUNICATIONS TECHNOLOGY SECTOR COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 15 December 2023
Document codes: WT/DS582/17
Complainant: EU
Respondent: India
Third parties: Brazil, Canada, China, Indonesia, Japan, South Korea, Norway, Pakistan, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(a), II:1(b)  GATT 1994

INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND
COMMUNICATIONS TECHNOLOGY SECTOR
COMMUNICATION FROM THE EUROPEAN UNION
The following communication, dated 11 December 2023 , was received from the delegation of the
European Union with the request that it be circulated to the Dispute Settlement Body (DSB).

The European Union takes note that, on 7 December 2023, India notified the WTO Secretariat and
the European Union of its decision to appeal the r eport of the panel in "India – Tariff Treatment on
Certain Goods in the Information and Communications Technology Sector (WT/DS582)" by filing
electronic copies of a Notice of Appeal and an Appellant Submission.
Given the Appellate Body remains non-operational, the European Union considers that all subsequent
procedural deadlines set out in the Appellate Body's Working Procedures are properly to be
considered as suspended.
When the Appellate Body resumes its functions, it should set the schedule for this ap peal.
The European Union intends to file a written submission in this appeal within the deadline to be
determined by the Appellate Body once it resumes its functions. The European Union also intends to
participate and make oral statements at the hearing to be convened by the Appellate Body.
The European Union wishes to note that it disagrees with all of India's allegations of errors of law
and legal interpretation in the Panel's Report as set out in its Notice of Appeal and Appellant
Submission.
The European Union is providing a copy of this communication directly to India and the third-parties
to this dispute.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 24 April 2019
Document codes: WT/DS583/2; WT/DS583/1
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 18 April 2019, from the delegation of the United States to the
delegation of Turkey, and the delegation of the European Union , is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

This concerns the request for cons ultations by the European Union on Turkey – Certain Measures
Concerning the Production, Importation and Marketing of Pharmaceutical Products , circulated on
10 April 2019 (). My authorities have instructed me to notify the consulting Members
and t he Dispute Settlement Body of the desire of the United States to be joined in these
consultations, pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.
The United States has a substantial trade interest in these consultations. They concern certain
measures of Turkey related to the production, importation, and marketing of pharmaceutical
products. According to the consultations request, these measures incl ude a "localisation
requirement", a "technology transfer requirement ", an "import ban on localised products ", and a
"prioritization measure", each alleged to be inconsistent with Turkey's obligations under the covered
agreements. The United States is one o f the world 's leaders in the development, production,
licensing, and marketing of pharmaceuticals, and, in 2018, the United States exported $219 million
of pharmaceutical products to Turkey.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 18 March 2020
Document codes: WT/DS583/4; WT/DS583/3
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
1. At its meeting on 30 September 2019, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Procedures Governing the Settlem ent of Disputes
(DSU).1

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the European Union in
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 4 March 2020, the European Union requested the Director -General to de termine the
composition of the Panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional ru les or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later tha n 10 days after the date the Ch airman receives such a
request.
4. On 17 March 2020, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Gudmundur HELGASON

 Members: Ms Beverly PEREIRA
 Ms Paulyne WAIRIMU

5. Brazil, Canada, China, India, Indonesia, Japan, the Russian Federation, Switzerland, Ukraine,
and the United States have reserved their rights to participate in the Panel proceedings as
third parties.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 17 September 2020
Document codes: WT/DS583/5
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 15 September 2020 , addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on Turkey – Certain Measures concerning the Production, Importation and Marketing of
Pharmaceutical Products (DS583) was established by the DSB on 30 September 2019 and composed
on 17 March 2020.

Due to the delays caused by the global COVID-19 pandemic, the Panel does not expect to issue its
final report to the parties before the second half of 2021.

The report will only be available to the public once it is circulated to the Members in all three working
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 DSB.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 22 December 2021
Document codes: WT/DS583/6
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 22 December 2021, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

 On 20 December 2021, the European Union requested the Panel to suspend its work, in
accordance with Article 12.12 of the DSU, until and including 21 Janu ary 2022. On the same date,
Turkey stated that it does not object to the European Union's request. The Panel has agreed to this
request.

I would be grateful if you would circulate this communication to the DSB.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 24 January 2022
Document codes: WT/DS583/7; WT/DS583/6
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 21 January 2022 , was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

On 20 December 2021, the European Union requested the Panel to suspend its work, in accordance
with Article 12.12 of the DSU, until and including 21 January 2022. On 22 December 2021, the Panel
informed the parties that it had granted this request. On the same date, a communication from the
Panel was circulated to the Dispute Settlement Body ().

On 19 January 2022, the European Union requested an exte nsion of the suspension of the Panel's
work until and including 11 February 2022, pursuant to Article 12.12 of the DSU. The European Union
indicated its understanding that Turkey does not object to this request. The Panel has agreed to
this request.

I would be grateful if you would circulate this communication to the DSB.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 11 February 2022
Document codes: WT/DS583/8; WT/DS583/6
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 10 February 2022, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

On 20 December 2021, the European Union requested the Panel to suspend its work, in accordance
with Article 12.12 of the DSU, until and including 21 January 2022. On 22 December 2021, the Panel
informed the parties that it had granted this request. On the same date, a communication from the
Panel was circulated to the Dispute Settlement Body ().

On 19 January 2022, the European Union requested a n extension of the suspension of the Panel's
work until and including 11 February 2022, pursuant to Article 12.12 of the DSU. On
21 January 2022, the Panel informed the parties that it had granted this request. On the same date,
a communication from the Panel was circulated to the Dispute Settlement Body ().

On 9 February 2022, the European Union requested an extension of the suspension of the Panel's
work until and including 25 February 2022, pursuant to Article 12.12 of the DSU. The European Union
indicated its understanding that Turkey does not object to this request. The Panel has agreed to this
request.

I would be grateful if you would circulate this communication to the DSB.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 25 February 2022
Document codes: WT/DS583/9; WT/DS583/6
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 24 February 2022, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

On 20 December 2021, the European Union requested the Panel to suspend its work, in accordance
with Article 12.12 of the DSU. On 22 December 2021, the Panel inf ormed the parties that it had
granted this request. On the same date, a communication from the Panel was circulated to the
Dispute Settlement Body ().

On 19 January 2022 and on 10 February 2022, the Panel informed the parties that it had agreed to
the European Union's requests for extensions of the suspension of the Panel's work. Communications
from the Panel were circulated to the Dispute Settlement Body on 21 January 2022 ()
and 10 February 2022 ().

On 23 February 2022, the European Union requested an extension of the suspension of the Panel's
work until and including 25 March 2022, pursuant to Article 12.12 of the DSU. The European Union
indicated its understanding that Turkey does not object to this request. The Panel has agreed to this
request.

I would be grateful if you would circulate this communication to the DSB.
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS RECOURSE TO ARTICLE 25 OF THE DSU CONSTITUTION OF THE ARBITRATOR
Document: Note by the Secretariat
Date: 4 May 2022
Document codes: WT/DS583/13; WT/DS583/10; WT/DS583/12
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
RECOURSE TO ARTICLE 25 OF THE DSU
CONSTITUTION OF THE ARBITRATOR
Note by the Secretariat
1. On 22 March 2022, the parties to Turkey – Certain Measures Concerning the Production,
Importation and Marketing of Pharmaceutical Products (DS583), Turkey and the European Union,
notified to the Dispute Settlement Body (DSB) their Agreed Procedures for Arb itration under
Article 25 of the DSU (the "Agreed Procedures") ().

2. On 25 April 2022, Turkey notified the DSB of its decision to initiate an arbitration under
Article 25 of the DSU ().

3. Pursuant to paragraph 7 of the parties' Ag reed Procedures, the Arbitrator was composed on
28 April 2022 through a random selection from a list of candidates prepared and agreed upon by
the parties, as follows:

Mr Seung Wha CHANG
Mr Mateo DIEGO-FERNÁNDEZ ANDRADE
Mr Guohua YANG
TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS COMMUNICATION FROM THE EUROPEAN UNION AND TÜRKIYE CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 16 November 2022
Document codes: WT/DS583/16; WT/DS583/15
Complainant: EU
Respondent: Turkey
Third parties: Brazil, Canada, China, India, Indonesia, Japan, Russia, Switzerland, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. III:4, X:1, XI:1  GATT 1994Art. 3.1(b)  Subsidies and Countervailing Measures (SCM)Art. 2.1  Trade-Related Investment Measures (TRIMs)

TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS
COMMUNICATION FROM THE EUROPEAN UNION AND TÜRKIYE CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, received on 14 November 2022, from the delegation of the European
Union and the delegation of Türkiye to the Chairperson of the Dispute Settlement Body, is circulated
at the request of these delegations.

The European Union and the Republic of Türkiye ("Türkiye") would like to request the circulation of
the communication presented below to the Members of the DSB:

"In its communication of 22 August 2022 (), Türkiye notified the DSB that it intends
to implement the recommendations and rulings of the Arbitrators and the Panel in this dispute in a
manner that respects its WTO obligations. Türkiye also stated that it would need a reasonable period
of time for implementation ("RPT"). At the meeting of the Dispute Settlement Body ("DSB") held on
29 August 2022, Türkiye reiterated its intentions regarding implementation and the DSB took note
of this information provided by Türkiye and of the recommendations and rulings of the Arbitrators
and the Panel in the dispute Türkiye – Certain measures concerning the production, importation and
marketing of pharmaceutical products.

Article 21.3(c) of the DSU provides that, in the absence of an agreement between the parties
regarding the RPT, the RPT shall be determined "through binding arbitration within 90 days after the
date of adoption of the recommendations and rulings".

In light of ongoing discussions, in order to allow sufficient time for the parties to discuss a mutually
agreed period, the European Union and Türkiye (i) agreed that, in the event an arbitration under
Article 21.3(c) of the DSU is requested, it shall be completed no later than 60 days after the date of
the appointment of the arbitrator, unless the arbitrator, following consultation with the part ies,
considers that additional time is required; and (ii) hereby confirm their common understanding that
any award of the arbitrator (including an award which is not made within the 90 -day deadline set
out in Article 21.3(c) of the DSU) will constitute an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reasonable period of time for Türkiye to implement the
recommendations and rulings of the Arbitrators and the Panel.

We respectfully request that you circulate this communication to the Members of the DSB."