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WTO Panel Will Examine India’s Compliance with Solar Power Ruling

Tuesday, March 06, 2018
Sandler, Travis & Rosenberg Trade Report

The World Trade Organization Dispute Settlement Body has agreed to establish a panel to determine whether India has complied with a September 2016 ruling by the Appellate Body that the domestic content provisions in India’s National Solar Missions violated WTO rules by requiring solar power developers to use Indian-manufactured cells and modules to participate in certain projects that sell electricity to the government.

India contends that it has complied with this ruling but the U.S. believes India continues to apply WTO-inconsistent measures and has no basis for asserting compliance with the Appellate Body ruling. The U.S. has also indicated that, while it remains willing to find a mutually-acceptable resolution to this dispute, it reserves its right to move forward with its request for WTO authorization to take countermeasures under article 22.6 of the Dispute Settlement Understanding.

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