28 Jun 2019

WTO Panel Issues Report in India-United States WTO Dispute Concerning Certain Measures Relating to the Renewable Energy Sector

On 27 June 2019, a World Trade Organization (WTO) Panel issued its report in the dispute United States – Certain Measures Relating to the Renewable Energy Sector (DS510). The dispute concerned a challenge by India of various measures implemented by certain U.S. States that India alleged violated the national treatment obligation in Article III:4 of the GATT 1994. Under that provision, WTO Members cannot discriminate by providing more favourable treatment to domestic products than to like imported products. India argued that the measures at issue accorded treatment less favourable to imported products than to like domestic products by incentivizing the use of domestic inputs and thereby denying effective equality of opportunity to the imported products to compete in the U.S. domestic market.  The Panel agreed with India in respect of several of the challenged measures and found that the non-discrimination obligation in Article III:4 had been violated.

In addition to its substantive rulings, the Panel addressed  procedural matters related to its terms of reference and the treatment of measures that had been repealed or amended.

Tereposky & DeRose regularly provides advice and counsel on trade disputes, including WTO disputes.

Greg Tereposky
613.237.1210
gtereposky@tradeisds.com

Daniel Hohnstein
613.237.9005
dhohnstein@tradeisds.com