Request for Consultations by the United States

The following communication, dated 15 July 1997, from the Permanent Mission of the United States to the Permanent Mission of India and to the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

My authorities have instructed me to request consultations with the Government of India pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article XXII:1 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 importation of a large number of agricultural, textile and industrial products.

The United States considers that quantitative restrictions maintained by India, including, but not limited to, 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, appear to be inconsistent with India’s obligations under the following:

• Articles XI:1 and XVIII:11 of the GATT 1994;
• Article 4.2 of the Agreement on Agriculture; and
• Article 3 of the Agreement on Import Licensing Procedures.

The quantitative restrictions referred to above include all import prohibitions, bans, restrictions, import licenses, special import licenses and the prohibition of non-commercial (sample) quantities as well as the procedures to implement and administer these measures.

We look forward to receiving your reply to the present request and to fixing a mutually convenient date for consultations.