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Dispute case filed by the US over JNNSM

By Niranjan Mudholkar,

Added 14 August 2014

The Government of India is preparing its arguments and defense in consultation with the legal experts as well as the stakeholders concerned.

The United States (US) has filed a WTO dispute case (DS456) under the Dispute Settlement Mechanism. The US is aggrieved by the Domestic Content Requirement Condition on procurement of solar cells and modules under Batch I and Batch II of Phase I and Batch I of Phase II of the Jawaharlal Nehru National Solar Mission (JNNSM) Program, being administered by the Ministry of New and Renewable Energy (MNRE).

On the request of the US, Panel has been established by the Dispute Settlement Body and the process of composition of the Panel is under progress by the WTO Secretariat in consultation with both the parties to the Dispute.

In the meantime, the Government of India is preparing its arguments and defence in consultation with the legal experts as well as the stakeholders concerned.

Amongst others, two important issues between the Governments of the US and India are related to two other WTO Disputes. These are:

1. WTO Dispute DS430 related to India's measures banning import of agricultural products, in particular, the poultry and poultry products from a country infected with the Avian Influenza viral strains.

2. WTO Dispute DS436 related to Countervailing Duty (CVD) imposed by the US on certain hot rolled carbon steel flat products originating from India.
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