22 July 1997
The following communication, dated 16 July 1997, from the Permanent Mission of Canada to the Permanent Mission of India and to the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
The Government of Canada requests consultations with the Government of India pursuant to Article 4 of the Understanding on 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 (to the extent it incorporates by reference Article XXII of GATT 1994), and Article 6 of the Agreement on Import Licensing Procedures (to the extent it incorporates by reference Article XXII of GATT 1994) concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products.
Canada considers that the quantitative restrictions maintained by India on the more than 2700 agricultural and industrial product tariff lines notified to the WTO in Annex I, Part B of WT/BOP/N/21 dated 22 May 1997, including, but not limited to, import prohibitions, bans and restrictions, encompassing import licenses, special import licenses, and the prohibition of non-commercial (sample) quantities, as well and the procedures to implement and administer these measures, appear to be inconsistent with India’s obligations under the following:
- Articles XI and XVIII:11 of the GATT 1994;
- Article 4 of the Agreement on Agriculture; and
- Article 3 of the Agreement on Import Licensing Procedures.
Canada reserves the right to raise additional legal claims that it considers relevant as a result of the discussions during consultations.
We look forward to receiving your reply to the present request and to fixing a mutually convenient date for consultations