India — Measures Concerning Sugar and Sugarcane

 

Short title:	India — Sugar and Sugarcane (Guatemala)
Complainant:	Guatemala
Respondent:	India
Third Parties (original proceedings):	Australia; Brazil; Canada; China; Colombia; Costa Rica; El Salvador; European Union; Honduras; Indonesia; Japan; Panama; Russian Federation; Thailand; United States
Agreements cited: (as cited in request for consultations)	Art. 3.2, 3.3, 6.3, 7.2(b), 8, 9.1, 10.1  Agriculture Art. 3  Subsidies and Countervailing Measures (SCM)
Agreements cited: (as cited in panel request)	Art. 3.2, 3.3, 6.3, 7.2(b), 8, 9.1, 10.1  Agriculture Art. 3.1(a)  Subsidies and Countervailing Measures (SCM)
Consultations requested:	15 March 2019
Panel requested:	11 July 2019
Panel established:	15 August 2019
Panel composed:	28 October 2019
Panel report circulated:	14 December 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 27 January 2022 

 

Consultations

 

Complaint by Guatemala (See also DS579 and DS580)

 

On 15 March 2019, Guatemala requested consultations with India concerning domestic support measures allegedly maintained by India in favour of producers of sugarcane and sugar (domestic support measures), as well as all export subsidies that India allegedly provides for sugarcane and sugar (export subsidy measures).

 

Guatemala claimed that the domestic support measures appear to be inconsistent with:

 

- Articles 3.2, 6.3 and 7.2(b) of the Agreement on Agriculture.

 

Guatemala claimed that the export subsidy measures appear to be inconsistent with:

 

- Articles 3.3, 8, 9.1 and 10.1 of the Agreement on Agriculture; and

  

- Article 3 of the SCM Agreement.

 

Guatemala submitted, together with its consultations request, a statement of available evidence pursuant to Article 4.2 of the SCM Agreement.

 

On 27 March 2019, Thailand requested to join the consultations. On 28 March, Australia requested to join the consultations. On 29 March 2019, Brazil, Costa Rica and the Russian Federation requested to join the consultations. On 1 April 2019, the European Union requested to join the consultations.

 

Panel and Appellate Body proceedings

 

On 11 July 2019, Guatemala requested the establishment of a Panel. At its meeting on 22 July 2019, the DSB deferred the establishment of a panel.

 

At its meeting on 15 August 2019, the DSB established a panel. Australia, Brazil, Canada, China, Colombia, Costa Rica, El Salvador, the European Union, Honduras, Indonesia, Japan, Panama, the Russian Federation, Thailand and the United States reserved their third-party rights.

 

On 16 October 2019, Guatemala requested the Director-General to compose the panel. On 28 October 2019, the Director-General composed the panel.

 

On 27 April 2020, the Chair of the panels in DS579, DS580 and DS581 informed the DSB that, due to the complex procedural and factual nature of the disputes and in light of the harmonized timetables adopted to that date, the panels estimated to issue their final reports to the parties not before the second quarter of 2021. The Chair apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

 

On 14 December 2021, the panel report was circulated to Members.

 

On 24 December 2021, India notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.