INDIA - ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES REQUEST FOR CONSULTATIONS BY THE UNITED STATES
Document: REQUEST FOR CONSULTATIONS BY
Date: 4 July 2019
Document codes: WT/DS585/1; G/L/1320
Complainant: U.S.
Respondent: India
Third parties: Brazil, Canada, China, EU, Guatemala, Indonesia, Japan, Malaysia, Mexico, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine, Venezuela
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994

INDIA - ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES
REQUEST FOR CONSULTATIONS 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 products
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, Department of Revenue, Notification
No. 48/2018 – Customs, June 20, 2018;

• Government of India, Ministry of Finance, Department of Revenue, Notification
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, Department of Revenue, Notification
No. 77/2018 – Customs, November 1, 2018;

• Government of India, Ministry of Finance, Department of Revenue, Notification
No. 80/2018 – Customs, December 15, 2018;

• Government of India, Ministry of Finance, Department 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 additional duties
could not be consistent with Articles 8.2 or 8.3 of the Agreement on Safeguards.
WT/DS585/1 • G/L/1320

• Government of India, Ministry of Finance, Department of Revenue, Notification
No. 06/2019 – Customs, February 26, 2019;

• Government of India, Ministry of Finance, Department of Revenue, Notification
No. 11/2019 – Customs, March 29, 2019;

• Government of India, Ministry of Finance, Department of Revenue, Notification
No. 14/2019 – Customs, May 1, 2019;

• Government of India, Ministry of Finance, Department of Revenue, Notification
No. 15/2019 – Customs, May 14, 2019;

• Government of India, Ministry of Finance, Department of Revenue, Notification
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 additional duties measure appears 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 GATT 1994.

We look forward to receiving your reply to the present request and to fixing a mutually convenient
date to hold consultations.