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Certain Measures Relating to the Renewable Energy Sector


Status: Pending

Subject: GATT 1994, SCM Agreement, TRIMs Agreement,

Respondent: United States

Complainant(s): India,

Third Parties: Brazil, China, Chinese Taipei, European Union, Norway, Russian Federation, Saudi Arabia, Turkey, Japan, Korea, Singapore,

Dispute Number: DS510

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds510_e.htm



On September 9, 2016, India requested consultations with the United States regarding certain measures of the United States instituted at the state and local level relating to alleged domestic content requirements and subsidies in the energy sector.

India claimed that the measures appeared to be inconsistent with:

• Articles III:4 and XVI:4 of the GATT 1994;

• Article 2.1 of the TRIMS Agreement; and

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

On January 17, 2017, India requested the establishment of a panel. At its meeting on February 20, 2017, the DSB deferred the establishment of a panel. At its meeting on March 21, 2017, the DSB established a panel. Brazil, China, the European Union, Indonesia, Japan, Korea, Norway, Russia, Saudi Arabia, Singapore, Chinese Taipei, and Turkey reserved their third-party rights.

On April 11, 2018, India requested the Director-General to compose the panel. On April 24, 2018, the Director-General composed the panel.

 

Panel Proceedings
Brief Date Brief Description
03/05/2019 U.S. Second Integrated Executive Summary
02/12/2019 U.S. Answers to Panel Questions Following the Second Panel Meeting 
01/22/2019 Closing Statement at the Second Panel Meeting
01/22/2019 Opening Statement at the Second Panel Meeting
11/27/2018 U.S. Second Written Submission
11/06/2018 U.S. First Integrated Executive Summary
10/30/2018 U.S. Answers to Panel Questions Following the First Panel Meeting 
10/10/2018 U.S. Closing Statement at the First Panel Meeting 
10/09/2018 U.S. Opening Statement at the First Panel Meeting
08/07/2018 U.S First Written Submission