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WTO cases

Cases involving the EU

WT/DS146 - Measures affecting the automotive sector

Last update: 01/12/2003

  • Complaint by: EU
  • Complaint against: India
  • Third parties:
    Japan - Korea, Republic Of
Summary of case:

Imports of complete automobiles and of certain parts are subject to a system of non-automatic import licenses. Import licenses may be granted only to local joint venture manufacturers that have signed an MoU with the Indian Government, whereby they undertake, inter alia, to comply with certain local content and export balancing requirements.

Relevant WTO provision:

GATT (III and XI)
TRIMs (2)

Current situation:

Similar complaint by US (DS175). Single panel established to examine both complaints. Panel report circulated. India appealed. On 14 March 2002 India withdrew its appeal. The report of the Appellate Body was circulated on 19 March. The panel and AB report were adopted by the DSB on 5 Apr. 2002. The mutually agreed reasonable period of time to implement the DSB's recommendations and rulings was 5 months. On 3 Sept. 2002 India notified that in implementation of the relevant DSB recommendations it is withdrawing the export obligation incurred by the MoUs signatories in respect of imports made up to 31 March 2001. India issued Public Notice no. 31 on 19 Aug. 2002 terminating the trade balancing requirements. During the 11 Nov. DSB meeting WTO members admitted that India fully implemented the relevant DSB rulings and recommendations.

Consultation:

Date of request: 06/10/1998

Panel:

Date of request: 23/10/2000
Date of establishment: 17/11/2000
Date of circulation of report: 21/12/2001

Appeal:

Date of request: 31/01/2002
Date of circulation of report: 19/03/2002

Date of adoption - panel/AB report:

05/04/2002

Implementation deadline:

05/09/2002

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