WT/DS91/8, G/L/233, G/AG/GEN/22, G/LIC/D/20 [WP for Windows Docs]

World Trade Organization WT/DS91/8

G/L/233

G/AG/GEN/22

G/LIC/D/20

23 April 1998

(98-1644)

Original:English

INDIA - QUANTITATIVE RESTRICTIONS ON IMPORTS OF AGRICULTURAL, TEXTILES AND INDUSTRIAL PRODUCTS

Notification of Mutually Agreed Solution

The following communication, dated 17 March 1998, from the Permanent Missions of Australia and India, is circulated pursuant to Article 3.6 of the DSU.

_______________

In accordance with paragraph 6 of Article 3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, the Governments of India and Australia hereby notify the Dispute Settlement Body that, with respect to the matter raised by the Government of Australia in its request for consultations with India dated 16 July 1997 (WT/DS91/1; 22 July 1997), concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products, the parties have reached a mutually agreed solution as set forth in the attached exchange of letters.

We would ask you to circulate the attachments to this letter to the Dispute Settlement Body and the relevant Councils and Committees.

S. Narayanan

Ambassador and Permanent Representative

Permanent Mission of India

to the World Trade Organization

21 November 1997

Dear Charge d'Affaires,

I have the honour to refer to the discussion between representatives of the Government of India and the Government of Australia on the issue of the removal of residual quantitative restrictions on imports by India.

Further to a request made for consultations with the Government of India pursuant to Article 4 of the 1994 Understanding on the Rules and Procedures Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 19 of the Agreement on Agriculture, and Article 6 of the Agreement on Import Licensing Procedures, by the Government of Australia on 16 July 1997 concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products (WT/DS91/1; 22 July 1997), the Government of Australia and the Government of India have reached a mutually agreed solution.

This letter together with its attachment and your letter in reply constitute the mutually agreed solution between India and Australia with regard to the said dispute in the WTO.

Without prejudice to the rights and obligations of either Member under the Agreement establishing the World Trade Organization, and on the understanding that as long as the Government of India implements the provisions of this exchange of letters, the Government of Australia will not initiate action under GATT Articles XXII or XXIII as regards the quantitative restrictions on imports during the phasing out period as defined below, the Government of Australia and the Government of India have agreed as follows:

(i) Without prejudice to India's rights and obligations under the WTO Agreement, the quantitative restrictions on imports maintained by India by reference to Article XVIII:B of GATT 1994, as notified to the WTO in Annex I, Part B, of document WT/BOP/N/24, dated 22 May 1997, will be removed, at the latest by 31 March 2003.

(ii) The Government of India will remove these restrictions for the products in the attached Annex and in Annex III of document WT/BOP/N/24, in accordance with the following time-schedules: Phase 1 covers 1 April 1997 to 31 March 2000; Phase II covers 1 April 2000 to 31 March 2002; and Phase III covers 1 April 2002 to 31 March 2003. The Government of India will remove these restrictions in annual tranches in a balanced manner.

(iii) India will grant to Australia treatment no less favourable than that granted by India to any other country with respect to the elimination of these import restrictions on products in the attached Annex or in Annex III of document WT/BOP/N/24 either autonomously or pursuant to agreement or understanding with that country, including pursuant to the settlement of any outstanding dispute under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.

(iv) In the interest of transparency and to ensure that importers and exporters may be aware of the changes made from time to time, India will notify the implementation of the time-schedules in accordance with Article 5 of the Agreement on Import Licensing Procedures. In accordance with India's export and import policy and practices, India will publish in its annual EXIM statement those products from which these quantitative restrictions have been removed. Australia and India agree to an annual review of this Agreement for the purposes of ensuring transparency of information concerning the implementation of the time-schedules.

(v) Where imports are channelled through a state trading enterprise or an enterprise enjoying exclusive or special rights, the elimination of quantitative restrictions on imports will be without prejudice to India's rights and obligations under Article XVII of GATT 1994 and the Understanding on the Implementation of Article XVII of GATT 1994.

(vi) The Government of India and the Government of Australia will notify the relevant bodies of the WTO that they have reached a mutually agreed solution.

(vii) India intends upon reaching bilateral solutions with the trading partners which have requested consultations under GATT Article XXII, to seek multilateral accommodation of its revised time-schedules. Australia will cooperate with India in this regard.

I would be grateful if you would confirm that Australia accepts the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

Yours sincerely,

(Signed) S. Narayanan

Mr. Ric Wells

Charge d'Affaires

Permanent Mission of Australia

to the World Trade Organization

Geneva

Permanent Mission of Australia

to the World Trade Organization

56 rue de Moillebeau

1211 Geneva 19

21 November 1997

Sir,

I have the honour to acknowledge receipt of your letter of today's date concerning the mutually agreed solution reached between the Government of Australia and the Government of India in regard to the issue of the removal of residual quantitative restrictions on imports by India.

I confirm that Australia accepts the contents of the letter and that your letter and this letter in reply constitute a mutually agreed solution between India and Australia with regard to a request for consultations with the Government of India pursuant to Article 4 of the 1994 Understanding on the Rules and Procedures Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 19 of the Agreement on Agriculture, and Article 6 of the Agreement on Import Licensing Procedures, by the Government of Australia on 16 July 1997 concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products (WT/DS91/1; 22 July 1997).

Please accept, Sir, the assurance of my highest consideration.

Yours sincerely,

(Signed) Ric Wells

Charge d'Affaires

H.E. Mr. Srinivasan Narayanan

Ambassador and Permanent Representative

Permanent Mission of India to the WTO

Geneva

ANNEX

Phase I

SI No.	ITC (HS) Code	Description of the products
6	020329.00	Other meat of swine, frozen
41	030212.00	Pacific salmon, Atlantic salmon, and Danube salmon, fresh or chilled
42	030219.00	Other Salmonidae, excluding livers and roes, fresh or chilled
57	030265.00	Dogfish and other sharks, fresh or chilled
58	030266.00	Eels, fresh or chilled
63	030310.00	Pacific salmon, excluding livers and roes, frozen
65	030322.00	Atlantic salmon and Danube salmon, excluding livers and roes, frozen
66	030329.00	Other Salmonidae, excluding livers and roes, frozen
81	030375.00	Dogfish and other sharks, excluding livers and roes, frozen
82	030376.00	Eels, excluding livers and roes, frozen
92	030379.12	Croacker, grouper, hounder, excluding livers and roes, frozen
97	030420.04	Shark, frozen fillet
100	030420.07	Cuttle fish, frozen fillet
106	030541.00	Pacific salmon, Atlantic salmon and Danube salmon, smoked, including fillet
150	040310.00	Yoghurt
154	040410.02	Whey, dry, blocks and powdered
168	040900.00	Natural honey
610	170490.01	Sweetmeat
611	170490.09	Other sugar confectionery, including white chocolate, not containing cocoa
626	190490.00	Cereals, other than maize, in grain form, precooked or otherwise prepared.
628	190530.02	Pastries and cakes
629	190540.00	Rusks, toasted bread and similar toasted products
630	190590.00	Other bakers' wares
652	200580.00	Sweet corn, not frozen
661	200799.09	Jams, jellies, marmalades, etc. of other fruit
674	200892.00	Mixtures of prepared or preserved fruits
702	210390.02	Chilli sauce
703	210390.09	Other sauces and preparations therefor; mixed condiments and mixed seasonings
704	210410.00	Soups and broths and preparations therefor
788	230990.02	Concentrates for compound animal feed
843	320890.01	Other paints and varnishes based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in non-aqueous medium, wire enamel
892	330410.00	Lip make-up preparations
893	330420.00	Eye make-up preparations
894	330430.00	Manicure or pedicure preparations
895	330491.01	Powder, face
896	330491.02	Powder, talcum
897	330491.09	Powder, toilet, n.e.s.
898	330499.01	Face creams
899	330499.02	Nail polish, lacquers
900	330499.03	Moisturizing lotion
903	330499.09	Other beauty or make-up preparations and preparations for the care of the skin
904	330510.01	Hair shampoos (spirituous)
905	330510.02	Hair shampoos (non-spirituous)
907	330530.00	Hair lacquers
909	330590.02	Brilliantines (spirituous)
910	330590.03	Hair cream
912	330710.09	Pre-shave, after-shave or other shaving preparations
913	330720.00	Personal deodorants and antiperspirants
921	340111.02	Shaving soaps other than shaving cream
923	Ex 340119.01	Other soap and organic surface active products in bars and blocks of not less than 500 grs. in weight, other than industrial soap
931	Ex 340290.03	Washing preparations whether or not containing soap
932	Ex 340290.09	Other surface active and cleaning preparations
985	392210.00	Baths, shower baths and wash basins of plastics
986	392220.00	Lavatory seats and covers of plastics
995	Ex 392390.00	Other plastic articles for conveyance and packing of goods, other than aseptic bags
996	392410.00	Tableware and kitchenware of plastics
1003	392610.01	Plastic stickers, whether or not printed, embossed or impregnated
1014	Ex 392690.02	Polypropylene articles, n.e.s.
1015	Ex 392690.09	Other articles of plastic, n.e.s., other than specified products
1041	420211.03	Satchels and brief cases of outer surface of leather, of composition leather or of patent leather
1095	Ex 480300.00	Toilet or facial tissue stock towel or napkin stock and similar paper of a kind used for household or sanitary purposes in rolls of a width exceeding 36 cm., or in rectangular sheets with at least one side exceeding 36 cm. in unfolded state
1121	481420.00	Wall paper and similar wall coverings, consisting of paper coated or covered, on the face side, with a grained, embossed, coloured, design printed or otherwise decorated layer of plastics
1123	481490.00	Other wall paper and similar wall coverings
1435	590610.00	Adhesive tape of a width not exceeding 20 cm.
1436	590691.00	Other rubberized textile fabrics, knitted or crocheted
1437	590699.00	Other rubberized textile fabrics, other
1438	590700.00	Textile fabrics otherwise impregnated, coated or covered; painted canvass being theatrical scenery, studio back-cloths or the like
1439	590800.00	Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated
1440	590900.00	Textile hose-piping and similar textile tubing, with or without lining, armour or accessories of other materials
1441	591140.00	Straining cloth of a kind used in oil presses or the like, including that of human hair
1479	610342.00	Men's or boys' trousers, bib and brace overalls, breaches and shorts, knitted or crocheted, of cotton
1480	610343.00	Men's or boys' trousers, bib and brace overalls, breaches and shorts, knitted or crocheted, of synthetic fibres
1494	610441.00	Women's or girls' dresses, knitted or crocheted, of wool or fine animal hair
1496	610443.00	Women's or girls' dresses, knitted or crocheted, of synthetic fibre
1497	610444.00	Women's or girls' dresses, knitted or crocheted, of artificial fibre
1498	610449.00	Women's or girls' dresses, knitted or crocheted, of other textile materials
1504	610462.00	Women's or girls' trousers, bib and brace overalls, breaches and shorts, knitted or crocheted, of cotton
1505	610463.00	Women's or girls' trousers, bib and brace overalls, breaches and shorts, knitted or crocheted, of synthetic fibres
1507	610510.00	Men's or boys' shirts, knitted or crocheted, of cotton
1508	610520.00	Men's or boys' shirts, knitted or crocheted, of man-made fibres
1509	610590.00	Men's or boys' shirts, knitted or crocheted, of other textile materials
1510	610610.00	Women's or girls' blouses, shirts, and shirt blouses, knitted or crocheted, of cotton
1511	610620.00	Women's or girls' blouses, shirts, and shirt blouses, knitted or crocheted, of man-made fibres
1513	610711.00	Men's or boys' underpants and briefs, knitted or crocheted, of cotton
1514	610712.00	Men's or boys' underpants and briefs, knitted or crocheted, of man-made fibres
1524	610821.00	Women's or girls' briefs and panties, knitted or crocheted, of cotton
1525	610822.00	Women's or girls' briefs and panties, knitted or crocheted, of man-made fibres
1531	610892.00	Women's or girls' other articles, knitted or crocheted, of man-made fibres
1533	610910.00	T-shirts, singlets, and other vests, knitted or crocheted, of cotton
1534	610990.00	T-shirts, singlets, and other vests, knitted or crocheted, of other textile materials
1535	611010.00	Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted of wool or fine animal hair
1536	611020.00	Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted of cotton
1537	611030.00	Jerseys, pullovers, cardigans, waistcoats and similar articles, of man-made fibres
1549	611241.00	Women's or girls' swimwear, knitted or crocheted, of synthetic fibres
1556	611511.00	Panty hose and tights, of synthetic fibres measuring per single yarn less than 67 decitex
1557	611512.00	Panty hose and tights of synthetic fibres, measuring per single yarn 67 decitex or more
1558	611519.00	Panty hose and tights of other textile materials
1559	611520.00	Women's full length or knee length hosiery, measuring per single yarn less than 67 decitex
1560	611591.00	Other knitted or crocheted hosiery, of wool or fine animal hair
1561	611592.00	Other knitted or crocheted hosiery, of cotton
1562	611593.00	Other knitted or crocheted hosiery, of synthetic fibres
1563	611599.00	Other knitted or crocheted hosiery, of other textile materials
1573	620111.00	Men's or boys' overcoats, raincoats, carcoats, capes, cloaks, and similar articles, of wool or fine animal hair
1574	620112.00	Men's or boys' overcoats, raincoats, carcoats, capes, cloaks, and similar articles of cotton
1577	620191.00	Men's or boys' windcheaters and similar articles, of wool or fine animal hair
1578	620192.00	Men's or boys' windcheaters and similar articles, of cotton
1579	620193.00	Men's or boys' windcheaters and similar articles, of man-made fibres
1581	620211.00	Women's or girls' overcoats, raincoats, carcoats, capes, cloaks and similar articles, of wool or fine animal hair
1582	620212.00	Women's or girls' overcoats, raincoats, carcoats, capes, cloaks and similar articles, of cotton
1583	620123.00	Women's or girls' overcoats, raincoats, carcoats, capes, cloaks and similar articles, of man-made fibres
1585	620291.00	Women's or girls' windcheaters and similar articles, of wool or fine animal hair
1586	620292.00	Women's or girls' windcheaters and similar articles, of cotton
1587	620293.00	Women's or girls' windcheaters and similar articles, of man-made fibres
1589	620311.00	Men's or boys' suits, of wool or of fine animal hair
1596	620331.00	Men's or boys' jackets and blazers of wool or fine animal hair
1597	620332.00	Men's or boys' jackets and blazers of cotton
1599	620339.00	Men's or boys' jackets and blazers, of other textile materials
1600	620341.00	Men's or boys' trousers, bib and brace overalls, breeches and shorts, of wool or fine animal hair
1601	620342.00	Men's or boys' trousers, bib and brace overalls, breeches and shorts, of cotton
1602	620343.00	Men's or boys' trousers, bib and brace overalls, breeches and shorts, of synthetic fibres
1613	620432.00	Women's and girls' jackets and blazers of cotton
1616	620441.00	Women's or girls' dresses, of wool or fine animal hair
1617	620442.00	Women's or girls' dresses, of cotton
1618	620443.00	Women's or girls' dresses, of synthetic fibres
1619	620444.00	Women's or girls' dresses, of artificial fibres
1620	620449.00	Women's or girls' dresses, of other textile materials
1621	620451.00	Women's and girls' skirts and divided skirts, of wool or of fine animal hair
1626	620462.00	Women's and girls' trousers, bib and brace overalls, breeches and shorts, of cotton
1628	620469.00	Women's and girls' trousers, bib and brace overalls, breeches and shorts, of other textile materials
1630	620520.00	Men's or boys' shirts of cotton
1635	620630.00	Women's or girls' blouses, shirts and shirt-blouses, of cotton
1638	620711.00	Men's or boys' underpants and briefs, of cotton
1674	621210.00	Brassieres
1681	621410.00	Shawls, scarves, mufflers, mantillas, veils and the like, of silk or silk waste
1682	621420.00	Shawls, scarves, mufflers, mantillas, veils and the like, of wool or fine animal hair
1683	621430.00	Shawls, scarves, mufflers, mantillas, veils and the like, of synthetic fibre
1684	621440.00	Shawls, scarves, mufflers, mantillas, veils and the like, of artificial fibre
1685	621490.00	Shawls, scarves, mufflers, mantillas, veils and the like, of other textile materials
1686	621510.00	Ties, bow ties and cravats, of silk or silk waste
1687	621520.00	Ties, bow ties and cravats, of man-made fibres
1688	621590.00	Ties, bow ties and cravats, of other textile materials
1692	630110.00	Electric blankets
1693	630120.00	Other blankets and travelling rugs, of wool or fine animal hair
1694	630130.00	Other blankets and travelling rugs, of cotton
1695	630140.00	Other blankets and travelling rugs, of synthetic fibre
1705	630251.00	Other table linen, of cotton
1706	630252.00	Other table linen, of flax
1707	630253.00	Other table linen, of man-made fibre
1714	630311.00	Curtains and interior blinds, or bed valances, knitted or crocheted, of cotton
1715	630312.00	Curtains and interior blinds, or bed valances, knitted or crocheted, of synthetic fibre
1716	630391.00	Curtains and interior blinds, or bed valances, knitted or crocheted, of other textile materials
1717	630391.00	Curtains and interior blinds, or bed valances, other, of cotton
1718	630392.00	Curtains and interior blinds, or bed valances, other, of synthetic fibres
1719	630399.00	Curtains and interior blinds, or bed valances, other, of other textile materials
1720	630411.00	Bedspreads, knitted or crocheted
1721	630419.00	Bedspreads, other
1722	630491.00	Other furnishing articles, knitted or crocheted
1762	540319.01	Other sports footwear with outer soles of leather and uppers of leather
1763	640319.02	Other sports footwear with outer soles of rubber and uppers of leather
1764	640319.09	Other sports footwear with outer soles of plastics or composition leather and uppers of leather
1765	640320.01	All leather closed toe footwear
1766	640320.02	All leather open toe footwear
1768	640320.09	Other footwear with outer soles of leather and uppers which consist of leather straps across the instep and around the big toe
1769	640330.00	Footwear made on a base or platform of wood, not having an inner sole or a protective metal toe-cap
1770	640340.00	Other footwear with outer sole of rubber, plastics, leather or composition leather and uppers of leather, incorporating a protective metal toe-cap
1773	640359.00	Other footwear with outer soles of leather and uppers of leather
1776	640399.01	Leather sandles with rubber soles
1777	640399.02	Leather sandles with plastic and synthetic sole
1783	640419.09	Other sports footwear, other
1784	640240.00	Footwear with outer soles of leather or composition leather
1910	710310.01	Emeralds, uncut
1911	Ex 710310.02	Sapphires, uncut
1912	Ex 710310.09	Opals, uncut
1981	732111.01	Cookers and kitchen stoves, for gas fuel or for both gas and other fuels, of iron or steel
1982	732111.09	Other stoves, for gas fuel or for both gas and other fuels
1983	732111.19	Other cooking apparatus, for gas fuel or for both gas and other fuels, of iron or steel
2182	Ex 841919.01	Solar water heaters based on an indirect heating or closed circuit system with a vitreous enamel-lined tank and pressure of more than 100 kpa.
2238	Ex 850410.00	Ballasts for discharge lamps or tubes, other than for compact fluorescent lamps
2282	851711.03	Line telephone cordless sets
2287	Ex 851750.09	Subscriber end equipment and other products, other than ISDN terminals
2288	Ex 851780.00	Other apparatus for line telephony or line telegraphy, other than facsimile machines
2325	Ex 852520.01	Cordless telephones, car telephones and transportable telephones
2364	853650.01	Other switches of plastics
2368	853669.01	Plugs and sockets of plastics
2369	853669.09	Plugs and sockets of other materials

Phase II

SI No.	ITC (HS) Code	Description of the products
1	020311.00	Carcasses and half carcasses, as meat of swine, fresh or chilled
2	020312.00	Hams, shoulders and cuts with bone-in, as meat of swine, fresh or chilled
3	020319.00	Other meat of swine, fresh or chilled
4	020321.00	Carcasses and half carcasses, as meat of swine, frozen
5	020322.00	Hams, shoulders and cuts with bone-in, as meat of swine, frozen
9	020422.00	Other cuts with bone-in, as meat of sheep, fresh or chilled
10	020423.00	Boneless meat of sheep, fresh or chilled
13	020442.00	Other cuts with bone-in, as meat of sheep, frozen
16	020630.00	Edible offal of swine, fresh or chilled
17	020641.00	Livers, as edible offal of swine, frozen
18	020649.00	Other edible offal of swine, frozen
25	020724.00	Meat and edible offal, of turkeys, not cut in pieces, fresh or chilled
26	020725.00	Meat and edible offal, of turkeys, not cut in pieces, frozen
27	020726.00	Cuts and edible offal, of turkeys, fresh or chilled
28	020727.00	Cuts and edible offal, of turkeys, frozen
29	020732.00	Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, fresh or chilled
30	020733.00	Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, frozen
137	040110.00	Milk and cream, not concentrated nor containing added sugar or other sweetening matter, of a fat content by weight, not exceeding 1%
138	040120.00	Milk and cream, not concentrated nor containing added sugar or other sweetening matter, of a fat content by weight, exceeding 1% but not exceeding 5%
143	040229.02	Whole milk, containing added sugar or other sweetening matter, in powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5%
153	040410.01	Whey, concentrated, evaporated or condensed
161	040630.00	Processed cheese, not grated or powdered
228	071290.02	Dehydrated garlic powder
229	071290.03	Dehydrated garlic flakes
230	071290.04	Dried garlic
254	080510.00	Oranges, fresh or dried
265	080920.00	Cherries, fresh
340	090411.04	Black pepper ungarbled, neither crushed nor ground
341	090411.05	Dehydrated green pepper, neither crushed nor ground
343	090411.07	Freeze dried green pepper, neither crushed nor ground
344	090411.08	Frozen pepper, neither crushed nor ground
347	090420.01	Chilli, dried, crushed or ground
348	090420.02	Chilli powder, dried
424	110210.00	Rye flour
444	110510.00	Flour, meal and powder of potatoes
445	110520.00	Flakes, granules and pellets of potatoes
446	110610.00	Flour, meal and powder of dried leguminous vegetables
447	110620.01	Flour and meal, of sago
448	110620.02	Flour and meal, of manioc
450	110630.01	Flour, mango
451	110630.02	Flour, meal and powder of tamarind
609	Ex 170290.09	Other sugars, including invert sugar, other than in solid form
657	200799.01	Jams, jellies, marmalades, etc., of mango
658	200799.02	Jams, jellies, marmalades, etc., of guava
659	200799.03	Jams, jellies, marmalades, etc., of pineapple
660	200799.04	Jams, jellies, marmalades, etc., of apple
662	200811.00	Ground nuts, otherwise prepared or preserved, n.e.s.
689	200980.09	Other single fruit or vegetable juice
690	200990.00	Mixture of juices
705	210420.00	Homogenized composite food preparations
789	230990.09	Other preparations used in animal feeding
803	250100.01	Common salt (including iodized salt)
1431	590410.00	Linoleum
2411	870323.01	Motor car, new, assembled, of a cylinder capacity exceeding 1500 cc but not exceeding 3000 cc, with spark ignition internal combustion reciprocating piston engine
2414	870323.04	Complete units, not assembled, of a cylinder capacity exceeding 1500 cc but not exceeding 3000 cc, with spark ignition internal combustion reciprocating piston engine
2417	870324.09	Other vehicles, of a cylinder capacity exceeding 3000 cc, with spark ignition internal combustion reciprocating piston engine
2433	870390.00	Other vehicles, principally designed for the transport of persons

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