United States — Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India

Consultations

Complaint by India.

On 24 April 2012, India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).

India challenges countervailing duties levied on those products through various instruments, as well as provisions of the US Tariff Act and Code of Federal Regulations on customs duties. India claims that the countervailing duty investigation and related measures are inconsistent with Articles I and VI of the GATT 1994 and with Articles 1, 2, 10, 11, 12, 13, 14, 15, 19, 21 and 22 of the SCM Agreement. India also claims that the challenged provisions of US Law are inconsistent “as such” with Articles 12, 14, 15, 19 and 32 of the SCM Agreement.

On 7 May 2012, Canada requested to join the consultations.

On 12 July 2012, India requested the establishment of a panel.  At its meeting on 23 July 2012, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 31 August 2012, the DSB established a panel.  Australia, Canada, China, the European Union, Saudi Arabia and Turkey reserved their third-party rights. On 7 February 2013, India requested the Director-General to determine the composition of the panel.  On 18 February 2013, the Director-General composed the panel.