Measures Concerning the Importation of Certain Agricultural Products from the United States

On March 6, 2012, the United States requested consultations with India with respect to the prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to avian influenza. The measures at issue are: the Indian Livestock Importation Act, 1898 (9 of 1898) ("Livestock Act"); a number of orders issued by India's Department of Animal Husbandry, Dairying, and Fisheries pursuant to the Livestock Act, most recently S.O. 1663(E); as well as any amendments, related measures, or implementing measures.

Specifically, the United States is concerned that these measures are inconsistent with:

• Articles 2.2, 2.3, 3.1, 5.1, 5.2, 5.5, 5.6, 5.7, 6.1, 6.2, 7, and Annex B, paragraphs 2, 5 and 6 of the SPS Agreement; and

• Articles I and XI of the GATT 1994.

These measures also nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On May 11, 2012, the United States requested the establishment of a panel. At its meeting on June 25, 2012, the DSB established a panel. China, Colombia, Ecuador, the European Union, Guatemala, Japan and Viet Nam reserved their third party rights. Subsequently, Argentina, Australia and Brazil reserved their third-party rights. The United States and India held consultations on these measures on April 16-17, 2012. Unfortunately, the consultations did not resolve the dispute.

On February 7, 2013, the United States requested the Director-General to determine the composition of the panel. On February 18, 2013, the Director-General composed the panel as follows: Mr. Stuart Harbinson, Chair; Ms. Delilah Cobb and Mr. Didrik Tonseth, Members.

 

Panel Proceedings

Brief Date	Brief Description
02/24/2014	Executive Summary of Oral Statements of the United States at the Second Panel Hearing
02/14/2014	Comments of the United States on India’s Responses to the Panel’s Questions Following the Second Panel Meeting
12/18/2013	Opening Statement of the United States at the Second Panel Hearing
12/18/2013	Closing Statement of the United States at the Second Panel Hearing
09/27/2013	Executive Summary of the Second Written Submission of the United States
09/18/2013	Second Written Submission of the United States
09/13/2013	Executive Summary of the Oral Statements of the United States at the First Panel Hearing
09/03/2013	Responses of the United States to the Panel’s Questions Following the First Panel Hearing
07/25/2013	Closing Statement of the United States at the First Panel Hearing
07/24/2013	Opening Statement of the United States at the First Panel Hearing
04/19/2013	Executive Summary of the First Written Submission of the United States
04/10/2013	First Written Submission of the United States

Appellate Proceedings

Brief Date	Brief Description
03/18/2015	U.S. Opening Statement
03/20/2015	U.S. Closing Statement
02/13/2015	U.S. Appellee Submission

Article 22.6 Proceedings

Brief Date	Brief Description
01/19/2018	U.S. Executive Summary
01/09/2018	U.S. Comments on India’s Answers to Arbitrator Questions
12/20/2017	U.S. Answers to Arbitrator Questions
12/01/2017	U.S. Closing Statement at the Meeting with the Arbitrator
11/30/2017	U.S. Opening Statement at the Meeting with the Arbitrator
11/15/2017	U.S. Answers to the Advance Questions from the Arbitrator
10/27/2017	U.S. Written Submission
09/15/2017	U.S. Methodology Paper

 

Article 21.5 Proceedings (Recourse by India)

Brief Date	Brief Description
1/30/2018	U.S. Executive Summary
01/26/2018	U.S. Comments on India’s Answers to Panel Questions Following the Panel Meeting
01/12/2018	U.S. Answers to Panel Questions Following the Panel Meeting
12/7/2017	U.S. Closing Statement at the Meeting with the Panel
12/5/2017	U.S. Opening Statement at the Meeting with the Panel
11/17/2017	U.S. Second Written Submission
10/20/2017	U.S. First Written Submission