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Certain Measures Relating to Solar Cells and Solar Modules


Key Facts

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Short Title: Certain Measures Relating to Solar Cells and Solar Modules
Respondent: India
Third Parties: Brazil; Canada; Ecuador; China; Chinese Taipei; European Union; Norway; Russian Federation; Saudi Arabia; Turkey; Japan; Korea; Malaysia;
Complaintant(s): United States;
Dispute Number: DS456
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds456_e.htm
Dispute Subject(s): Domestic Content Requirements; Solar Cells; Solar Modules;
Dispute Status: Pending


On February 6, 2013, the United States requested consultations with India concerning certain measures of India relating to domestic content requirements under the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules. The United States claims that the measures appear to be inconsistent with:

•Article III:4 of the GATT 1994;

•Article 2.1 of the TRIMs Agreement; and

•Articles 3.1(b), 3.2, 5(c), 6.3(a) and (c), and 25 of the SCM Agreement.

The United States also claims that the measures appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On February 10, 2014, the United States requested supplementary consultations concerning certain measures of India relating to domestic content requirements under “Phase II” of the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules. On April 14, 2014, the United States requested the establishment of a panel. The DSB established a panel on May 23, 2104. Brazil, Canada, China, Chinese Taipei, Ecuador, the European Union, Japan, Korea, Malaysia, Norway, Russia, Turkey, and Saudi Arabia reserved their third party rights. Following the agreement of the parties, the panel was composed on September 24, 2014.

 

Panel Proceedings
Brief Date Brief Description
06/05/2015 U.S. Second Executive Summary
05/29/2015 U.S. Comments on Responses of India to the Questions from the Panel Following the Second Panel Meeting
05/18/2015 U.S. Responses to Written Questions Posed by the Panel Following the Second Substantive Meeting
04/28/2015 Opening Statement of the United States at the Second Panel Meeting
03/11/2015 Second Written Submission of the United States
02/20/2015 U.S. Responses to Written Questions Posed by the Panel and India
02/03/2015 Opening Statement of the United States at the First Panel Meeting
01/08/2015 Response of the United States to India’s Request for a Preliminary Ruling
10/24/2014 First Written Submission of the United States
03/04/2014 U.S. First Executive Summary
Appellate Proceedings
Brief Date Brief Description
07/04/2016 U.S. Opening Statement at the Appellate Body Hearing
05/10/2016 U.S. Appellee Submission