The United States (US) has filed a WTO dispute case (DS456) under the Dispute Settlement Mechanism, aggrieved by the Domestic Content Requirement Condition on procurement of solar cells and modules under Batch I and Batch II of Phase I and Batch I of Phase II of the Jawaharlal Nehru National Solar Mission (JNNSM) Program, being administered by the Ministry of New and Renewable Energy (MNRE). On the request of the US, Panel has been established by the Dispute Settlement Body and the process of composition of the Panel is under progress by the WTO Secretariat in consultation with both the parties to the Dispute.                 

In the meantime, the Government of India is preparing its arguments and defence in consultation with the legal experts as well as the stakeholders concerned.

Amongst others, two important issues between the Governments of the US and India are related to two other WTO Disputes. These are:

(i)  WTO Dispute DS430 related to India’s measures banning import of agricultural products, in particular, the poultry and poultry products from a country infected with the Avian Influenza viral strains.

(ii)   WTO Dispute DS436 related to Countervailing Duty (CVD) imposed by the US on certain hot rolled carbon steel flat products originating from India.

The information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Rajya Sabha today.

Domestic content requirement challenge in renewable procurement prompts WTO panel request and India readies legal defence. A trade dispute challenges the domestic content requirement for procurement of solar cells and modules under specified portions of the Jawaharlal Nehru National Solar Mission; the United States has requested a WTO panel, the Dispute Settlement Body has established a panel, and the WTO Secretariat is composing it in consultation with the parties while India prepares its legal defence. The release also references related WTO disputes concerning an import ban on poultry products for avian influenza reasons and countervailing duties on certain hot rolled steel products.