India — Certain Measures on Imports of Iron and Steel Products

 

Short title:	India — Iron and Steel Products
Complainant:	Japan
Respondent:	India
Third Parties (original proceedings):	Australia; China; European Union; Indonesia; Kazakhstan; Korea, Republic of; Oman; Qatar; Russian Federation; Singapore; Chinese Taipei; Ukraine; United States; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. 2.1, 3.1, 4.1(a), 4.1(b), 4.1(c), 4.2(a), 4.2(b), 4.2(c), 5.1, 7.1, 11.1(a), 12.1, 12.2, 12.3, 12.4  Safeguards Art. I:1, II:1(b), XI:1, XIX:1  GATT 1994
Agreements cited: (as cited in panel request)	Art. 3.1, 4.2(c), 11.1(a)  Safeguards Art. XIX:1  GATT 1994 Art. 2.1, 4.2(a), 4.1(a), 4.1(b), 4.1(c), 4.2(b), 5.1, 7.1, 12.4, 12.1, 12.2, 12.3  Safeguards Art. II:1(b), I:1  GATT 1994
Consultations requested:	20 December 2016
Panel requested:	9 March 2017
Panel established:	3 April 2017
Panel composed:	22 June 2017
Panel report circulated:	6 November 2018

Summary of the dispute to date

The summary below was up-to-date at 14 March 2019 

Consultations

Complaint by Japan

 

On 20 December 2016, Japan requested consultations with India concerning certain measures imposed by India on imports of iron and steel products into India.

 

Japan claimed that the measures appear to be inconsistent with:

 

- Articles 2.1, 3.1, 4.1(a), 4.1(b), 4.1(c), 4.2(a), 4.2(b), 4.2(c), 5.1, 7.1, 11.1(a), 12.1, 12.2, 12.3 and 12.4 of the Agreement on Safeguards; and

- Articles I:1, II:1(b), XI:1 and XIX:1(a) of the GATT 1994.

On 17 January 2017, Chinese Taipei requested to join the consultations. On 18 January 2017, the Russian Federation requested to join the consultations. On 19 January 2017, Ukraine requested to join the consultations.

 

Panel and Appellate Body proceedings

On 9 March 2017, Japan requested the establishment of a panel. At its meeting on 21 March 2017, the DSB deferred the establishment of a panel. At its meeting on 3 April 2017, the DSB established a panel. Australia, China, the European Union, Indonesia, Kazakhstan, Korea, Oman, Qatar, the Russian Federation, Singapore, Chinese Taipei, Ukraine, the United States and Viet Nam reserved their third-party rights.

 

On 12 June 2017, Japan requested the Director-General to compose the panel. On 22 June 2017, the Director-General composed the panel.

 

On 22 May 2018, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties by the second half of 2018. The Chair also informed 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 depended on completion of translation.

 

On 6 November 2018, the panel report was circulated to Members.

 

On 14 December 2018, India notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 21 December 2018, Japan notified the DSB of its decision to cross-appeal.

 

On 12 February 2019, upon expiry of the 60-day period provided for in Article 17.5 of the DSU, the Appellate Body informed the DSB that it would not be able to circulate the Appellate Body report in this appeal by the end of the 60-day period, nor within the 90-day time-frame provided for in Article 17.5 of the DSU. The Appellate Body referred to the size of the panel record and the complexity of issued that had been appealed. The Appellate Body also noted the backlog of appeals pending with the Appellate Body at present, and the fact that all appeals filed since 1 October 2018 were composed of the same three remaining Appellate Body Members. The Appellate Body indicated that, as communicated to the participants, it would not be possible to staff this appeal for some time, and expressed appreciation for the participants' understanding. The Appellate Body informed the DSB that the Appellate Body would communicate appropriately with participants as soon as it knew more precisely when the Division can schedule the hearing in this appeal.