World Trade Organization WT/DS92/8
G/L/231
G/AG/GEN/21
G/LIC/D/193 April 1998
(98-1340)
Original:English
INDIA - QUANTITATIVE RESTRICTIONS ON IMPORTS OF AGRICULTURAL, TEXTILES AND INDUSTRIAL PRODUCTS
Notification of Mutually Agreed Solution
The following communication, dated 18 March 1998, from the Permanent Missions of India and Canada, is circulated pursuant to Article 3.6 of the DSU.
_______________
In accordance with paragraph 6 of Article 3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, the Governments of India and Canada hereby notify the Dispute Settlement Body that, with respect to the matter raised by the Government of Canada in its request for consultations with India dated 16 July 1997 (WT/DS92/1; 22 July 1997), concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products, the parties have reached a mutually agreed solution as set forth in the attached exchange of letters together with the two attached Annexes.
We would ask you to circulate this notification and the attachments to the Dispute Settlement Body and any other relevant Councils and Committees.
Permanent Mission of India
to the World Trade Organization
S. Narayanan
Ambassador and Permanent Representative
No. GEN/PMI/WTO/204/45/96
19 November 1997
Dear Ambassador,
I would be grateful if you would confirm that your Government agrees with the following:
Further to a request made by the Government of Canada on 16 July 1997, for WTO consultations with the Government of India pursuant to Article 4 of the Understanding on the Rules and Procedures Governing the Settlement of Disputes and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products (WT/DS92/1; 22 July 1997), the Government of Canada and the Government of India have reached a mutually agreed solution.
The Government of Canada and the Government of India have agreed as follows:
- The quantitative restrictions on imports maintained by India by reference to GATT Article XVIII on products not identified in Annex 1 to this exchange of letters but identified in WTO document WT/BOP/N/24 Annex III will be removed according to the phases identified in that Annex. However, the time-periods for those phases are not those referred to in the above-mentioned WTO document but are as follows: Phase I covers 1 April 1997 to 31 March 2000; Phase II covers 1 April 2000 to 31 March 2002; and Phase III covers 1 April 2002 to 31 March 2003. If India advances the removal of the quantitative restrictions on imports on any soya product. India agrees to advance the removal of the quantitative restrictions in an identical manner for any corresponding rapeseed/canola product, as identified in Annex 2.
- The quantitative restrictions on imports maintained by India by reference to GATT Article XVIII for the products identified in Annex 1 to this letter will be removed according to the phases identified in Annex 1. In this connection, it is agreed that the time-periods for the three Phases will be those identified in the previous paragraph.
- If in the context of other settlements, agreements or resolutions of disputes with regard to this matter, India agrees to advance the removal of the quantitative restrictions on imports from the Phases identified above, it will do so on an MFN basis. In any case, if India initiates for any reason any legislative, regulatory or other measures advancing the removal of any of the quantitative restrictions on imports which are the subject of this dispute, such removal will also be implemented on an MFN basis.
- All quantitative restrictions on imports maintained by India by reference to GATT Article XVIII on any products currently covered by the Ministerial Declaration on Trade in Information Technology Products ("Information Technology Agreement"/ITA) will be removed during Phase I.
- In respect of the products included in Phase I and Phase II, the liberalization within each Phase will be done in annual tranches in a balanced manner.
- In the interest of transparency and to ensure that importers and exporters may be aware of the various changes being implemented, the removal of the quantitative restrictions on imports of the products identified in WT/BOP/N/24 Annex I, Part B will be published in a timely manner and notified to the WTO. In particular, in accordance with the notification requirements of the WTO Agreement on Import Licensing Procedures.
- Where imports are channelled through a state trading enterprise or an enterprise enjoying exclusive or special rights the elimination of quantitative restrictions on imports will be without prejudice to India's rights under Article XVII and the Understanding on the Interpretation of Article XVII of the GATT 1994 as well as India's obligations to comply with the requirements of Articles II:4 and XVII of the GATT 1994 and with the Understanding on the Interpretation of Article XVII of the GATT 1994.
- The Government of Canada understands that if the Government of India reaches a bilateral settlement with the complaining parties of the other WTO disputes regarding this same matter (WT/DS90, WT/DS91, WT/DS93, WT/DS94, WT/DS96), then India will seek to have its plan for the removal of the quantitative restrictions on imports of the products identIfied in WT/BOP/N/24 Annex I, Part B agreed to by the Members of the WTO. In that context, Canada will support that objective.
- Providing that India duly implements the provision of this exchange of letters, Canada will not take any action during the phasing-out period pursuant to Articles XXII or XXIII of GATT 1994 with regard to the quantitative restrictions for the products identified above. This letter together with its attached Annexes and your letter in reply are without prejudice to the rights and obligations of either Member under the Agreement Establishing the World Trade Organization. The implementation of this exchange of letters shall be reviewed annually upon the request of either Canada or India.
- The Government of Canada and the Government of India will notify the relevant bodies of the WTO that they have reached a mutually agreed solution based on the fulfilment of the undertakings set out in this document with regard to the matter raised on 16 July 1997 (WT/DS92/1; 22 July 1997).
Yours sincerely,
(Signed) S. Narayanan
H.E. Mr. John Weekes
Ambassador and Permanent Representative
of Canada to the WTO
Geneva
ANNEX 1
Phase I: 1 April 1997 to 31 March 2000
SI No. |
ITC (HS) Code |
Description of the products |
| 1 | 020311.00 |
Carcasses and half carcasses, as meat of swine, fresh or chilled |
| 2 | 020312.00 |
Hams, shoulders and cuts with bone in, as meat of swine, fresh or chilled |
| 3 | 020319.00 |
Other meat of swine, fresh or chilled |
| 4 | 020321.00 |
Carcasses and half carcasses, as meat of swine, frozen |
| 5 | 020322.00 |
Hams, shoulders and cuts with bone in, as meat of swine, frozen |
| 6 | 020329.00 |
Other meat of swine, frozen |
| 16 | 020630.00 |
Edible offal of swine, fresh or chilled |
| 17 | 020641.00 |
Livers, as edible offal of swine, frozen |
| 18 | 020649.00 |
Other edible offal of swine, frozen |
| 41 | 030212.00 |
Pacific salmon, Atlantic salmon, and Danube salmon, fresh or chilled |
| 42 | 030219.00 |
Other Salmonidae, excluding livers and roes, fresh or chilled |
| 57 | 030265.00 |
Dogfish and other sharks, fresh or chilled |
| 58 | 030266.00 |
Eels, fresh or chilled |
| 63 | 030310.00 |
Pacific salmon, excluding livers and roes, frozen |
| 65 | 030322.00 |
Atlantic salmon and Danube salmon, excluding livers and roes, frozen |
| 66 | 030229.00 |
Other Salmonidae, excluding livers and roes, frozen |
| 81 | 030375.00 |
Dogfish and other sharks, excluding livers and roes, frozen |
| 82 | 030376.00 |
Eels, excluding livers and roes, frozen |
| 92 | 030379.12 |
Croacker, grouper, hounder, excluding livers and roes, frozen |
| 97 | 030420.04 |
Shark, frozen fillet |
| 100 | 030420.07 |
Cuttle fish, frozen fillet |
| 106 | 030541.00 |
Pacific salmon, Atlantic salmon and Danube salmon, smoked, including fillet |
| 120 | 030619.00 |
Other crustaceans, frozen |
| 121 | 030629.00 |
Other crustaceans, not frozen |
| 122 | 030710.00 |
Oysters |
| 123 | 030721.00 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled |
| 124 | 030729.00 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other |
| 125 | 030739.01 |
Clams, clam meat |
| 126 | 030739.09 |
Other mussels, other than fresh or chilled |
| 127 | 030741.01 |
Cuttlefish, live, fresh or chilled |
| 128 | 030741.09 |
Other cuttlefish and squid, live, fresh or chilled |
| 129 | 030749.01 |
Squid tubes, frozen |
| 130 | 030749.02 |
Whole squids, frozen |
| 131 | 030749.03 |
Squids, dried |
| 132 | 030749.09 |
Squids, other |
| 133 | 030759.00 |
Octopus, frozen, dried, salted or in brine |
| 134 | 030760.00 |
Snails, other than sea snails |
| 135 | 030791.00 |
Other molluscs and aquatic invertebrates, live, fresh or chilled |
| 136 | 030799.09 |
Other molluscs and aquatic invertebrates, frozen, dried, salted or in brine |
| 153 | 040410.01 |
Whey, concentrated, evaporated or condensed |
| 154 | 040410.02 |
Whey, dry, blocks and powdered |
| 160 | 040620.00 |
Grated or powdered cheese, of all kinds |
| 271 | 081040.00 |
Cranberries, bilberries and other fruits of the genus Vaccinium, fresh |
| 285 | 081190.01 |
Other fruits and nuts, cooked or uncooked, not containing added sugar, frozen |
| 476 | 120890.00 |
Flours and meals of other oil seeds or oleaginous fruits |
| 495 | 121410.00 |
Lucerne meal and pellets |
| 602 | 170220.00 |
Maple sugar and maple syrup |
| 642 | 200410.01 |
Potato chips, fried, frozen |
| 701 | 210390.01 |
Curry paste |
| 702 | 210390.02 |
Chili sauce |
| 703 | 210390.09 |
Other sauces and preparations therefore; mixed condiments and mixed seasonings |
| 706 | 210690.01 |
Soft drink concentrates |
| 709 | 210690.04 |
Compound preparations for making beverages (non-alcoholic) |
| 711 | 210690.07 |
Custard powder |
| 712 | Ex 210690.09 |
Other food preparations, n.e.s., other than diabetic food preparations |
| 713 | 220110.00 |
Mineral waters and aerated waters |
| 715 | 220210.01 |
Lemonade |
| 716 | 220210.09 |
Other waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter not flavoured, other than lemonade |
| 739 | 220900.01 |
Brewed vinegar |
| 1000 | 392520.00 |
Doors, windows and their frames and thresholds for doors of plastics |
| 1072 | Ex 430310.00 |
Articles of apparel and clothing accessories of fur skin, of other than protected species |
| 1073 | Ex 430390.00 |
Other articles of fur skin, of other than protected species |
| 1166 | Ex 491199.09 |
Other printed matter, other than trade advertising material, commercial catalogues and the like |
| 2040 | 761010.00 |
Doors, windows and their frames and threshold for doors of aluminium |
| 2041 | 761090.01 |
Finished aluminium structures |
| 2090 | 820559.02 |
Metal working hand tools |
| 2091 | 820559.03 |
Hand tools for specified uses such as watchmaking tools, goldsmith tools |
| 2092 | 820559.09 |
Other hand tools, n.e.s. |
| 2219 | 846911.00 |
Word-processing machines, automatic |
| 2222 | 847010.00 |
Electronic calculators capable of operation without an external source of electric power and pocket size data recording, reproducing and displaying machines with calculating function |
| 2223 | 847021.00 |
Other electronic calculating machines, incorporating a printing device |
| 2224 | 847029.00 |
Other electronic calculating machines, other |
| 2225 | 847030.01 |
Electrically operated calculating machines |
| 2226 | 847040.01 |
Electrically operated accounting machines |
| 2227 | 847050.01 |
Electrically operated cash registers |
| 2228 | 847090.01 |
Postage franking, ticket issuing and similar machines, electrically operated |
| 2229 | Ex 847110.00 |
Electronic diaries |
| 2230 | Ex 847130.01 |
Personal computer, weighing not more than 10 kg., consisting of at least a central processing unit, a keyboard and a display - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2231 | Ex 847141.01 |
Microcomputer or processor - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2232 | Ex 847149.00 |
Other digital automatic data processing machines, presented in the form of systems - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2233 | Ex 847150.00 |
Digital processing units other than those of subheadings No. 8471.41 or 8471.49 which may contain in the same housing one or two of either storage units, input or output units - computer system of below a c.i.f. value of Re 1.5 lakh |
| 2234 | Ex 847160.19 |
Keyboards and monitors of c.i.f. value of less than Re 7,500/- per piece |
| 2235 | Ex 847180.00 |
Other units of automatic data processing machines - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2236 | Ex 847330.09 |
Parts and accessories of machines of heading No. 84.71, other - reconditioned components of computers |
| 2280 | 851711.01 |
Line telephone sets with cordless push button type handsets |
| 2281 | 851711.02 |
Line telephone sets with cordless rotary dial type handsets |
| 2282 | 851711.03 |
Line telephone cordless sets |
| 2283 | Ex 851711.09 |
Other telephone sets, other than video telephones or door phones |
| 2284 | Ex 851719.00 |
Other videophones, other than video telephones or door phones |
| 2285 | Ex 851730.00 |
Telephonic or telegraphic switching apparatus, other than electronic public switching, including SPC type, but excluding EPABX, EPAX or key telephone systems - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2286 | Ex 851750.03 |
Modems, units below 9600 bauds per second |
| 2287 | Ex 851750.09 |
Subscriber end equipment and other products, other than ISDN terminals |
| 2288 | Ex 851780.00 |
Other apparatus for line telephony or line telegraphy, other than facsimile machines |
| 2289 | Ex 851790.00 |
Populated, loaded or stuffed PCBs - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2307 | 852020.00 |
Telephone answering machines |
| 2325 | Ex 852520.01 |
Cordless telephones, car telephones and transportable telephones |
| 2343 | 853110.00 |
Burglar or fire alarms and similar apparatus |
| 2346 | Ex 853400.00 |
Populated, loaded, or stuffed printed circuit boards, except electronic circuit boards used in quartz analogue watches |
| 2362 | 853641.00 |
Relays, for a voltage not exceeding 60 V. - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2364 | 853650.01 |
Other switches of plastics |
| 2368 | 853669.01 |
Plugs and sockets of plastics |
| 2369 | 853669.09 |
Plugs and sockets of other materials |
| 2569 | 940330.01 |
Wooden cabinet ware of a kind used in offices |
| 2574 | 940360.00 |
Other wooden furniture |
| 2598 | Ex 940600.09 |
Other prefabricated buildings, other than for cold storage |
| 2607 | 950330.00 |
Other construction sets and constructional toys |
| 2641 | 950800.00 |
Roundabouts, swings, shooting galleries and other fairground amusements; travelling circuses, travelling menageries and travelling theatres |
Phase II: 1 April 2000 to 31 March 2002
SI No. |
ITC (HS) Code |
Description of the products |
| 25 | 020724.00 | Meat and edible offal, of turkeys, not cut in pieces, fresh or chilled |
| 26 | 020725.00 | Meat and edible offal, of turkeys, not cut in pieces, frozen |
| 27 | 020726.00 | Cuts and edible offal, of turkeys, fresh or chilled |
| 28 | 020727.00 | Cuts and edible offal, of turkeys, frozen |
| 29 | 020732.00 | Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, fresh or chilled |
| 30 | 020733.00 | Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, frozen |
| 161 | 040630.00 | Processed cheese, not grated or powdered |
| 263 | 080810.00 | Apples, fresh |
| 643 | 200410.09 | Other potato preparations, frozen |
| 655 | 200710.00 | Homogenized preparations of fruit or nut puree and fruit or nut paste, being cooked preparations |
| 657 | 200799.01 | Jams, jellies, marmalades, etc. of mango |
| 658 | 200799.02 | Jams, jellies, marmalades, etc. of guava |
| 659 | 200799.03 | Jams, jellies, marmalades, etc. of pineapple |
| 660 | 200799.04 | Jams, jellies, marmalades, etc. of apple |
| 661 | 200799.09 | Jams, jellies, marmalades, etc. of other fruit |
| 662 | 200811.00 | Ground nuts, otherwise prepared or preserved, n.e.s. |
| 708 | 210690.03 | Sugar syrup containing flavouring or colouring material, n.e.s. |
| 710 | 210690.06 | Churna for paan |
| 740 | 220900.02 | Synthetic vinegar |
| 762 | 230640.01 | Oilcake and oilcake meal expeller variety of rape or colza seeds |
| 763 | 230640.02 | Oilcake and oilcake meal solvent extracted (defatted) variety of rape or colza seeds |
Phase III: 1 April 2002 to 31 March 2003
SI No |
ITC (HS) Code |
Description of the products |
| 142 | 040221.00 |
Milk and cream, concentrated, not containing added sugar or other sweetening matter, in powder, granules or other solid form of a fat content, by weight exceeding 1.5% |
| 146 | 040291.00 |
Milk and cream, not containing added sugar or other sweetening matter, other |
| 156 | 040510.00 |
Butter derived from milk |
| 208 | 071010.00 |
Potatoes, uncooked or cooked by steaming or boiling in water, frozen |
| 403 | Ex 100110.00 |
Durum wheat, other than seed quality |
| 404 | 100190.02 |
Wheat (not seed) for human consumption |
| 405 | Ex 100190.03 |
Meslin, other than seed quality |
| 407 | Ex 100300.00 |
Barley, other than seed quality |
| 408 | Ex 100400.00 |
Oats, other than seed quality |
| 423 | 110100.00 |
Wheat or meslin flour |
| 453 | Ex 120100.00 |
Soya beans, whether or not broken, other than seed quality |
| 459 | Ex 120400.00 |
Linseed, whether or not broken, other than seed quality |
| 460 | Ex 120500.00 |
Rape or colza seeds, whether or not broken, other than seed quality |
| 467 | Ex 120750.00 |
Mustard seeds, other than seed quality |
| 532 | 151410.01 |
Crude colza oil |
| 534 | 151410.03 |
Crude rapeseed oil |
| 537 | Ex 151490.03 |
Rapeseed oil, refined, other than edible grades |
| 612 | 190110.01 |
Malted milk (including powder for infant use, put up for retail sale) |
| 613 | 190110.09 |
Malt extract for infants, put up for retail sale |
| 733 | 220830.00 |
Whiskeys |
| 786 | 230910.00 |
Dog or cat food, for retail sale |
Other products restricted for balance-of-payments purposes and notified by India in Annex I, Part B, of WTO document No. WT/BOP/N/24 dated 22 May 1997.
Soya Product(s) |
Corresponding Rapeseed/Colza (Canola Product(s) |
|||||
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase III: 1 April 2002 to 31 March 2003 | Phase III: 1 April 2002 to 31 March 2003 | |||||
| 453 | Ex 120100.00 | Soya beans, whether or not broken, other than seed quality | 460 | Ex 120500.00 | Rape or colza seeds, whether or not broken, other than seed quality | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase I: 1 April 1997 to 31 March 2000 | Phase I: 1 April 1997 to 31 March 2000 | |||||
| 475 | Ex 120810.00 | Flours and meals of soya beans | 476 | Ex 120890.00 | Flours and meals of rape or colza seeds | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase III: 1 April 2002 to 31 March 2003 | Phase III: 1 April 2002 to 31 March 2003 | |||||
| 513 | 150710.00 | Soya bean crude oil, whether or not degummed | 532 | 151410.01 | Crude colza oil | |
| 514 | Ex 150790.00 | Other soya bean oil, other than edible grades | 534 | 151410.03 | Crude rapeseed oil | |
| 535 | Ex 151490.01 | Colza oil, refined other than edible grades | ||||
| 537 | Ex 151490.03 | Rapeseed oil, refined, other than edible grades | ||||
Soya Product(s) |
Corresponding Rapeseed/Colza (Canola Product(s) |
|||||
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
Phase III: 1 April 2002 to 31 March 2003 |
Phase III: 1 April 2002 to 31 March 2003 |
|||||
| 749 | 230400.01 |
Oilcake and oilcake meal of soya bean, expeller variety | 762 | 230640.01 |
Oilcake and oilcake meal expeller variety of rape or colza seeds | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
Phase III: 1 April 2002 to 31 March 2003 |
Phase III: 1 April 2002 to 31 March 2003 |
|||||
| 750 | 230400.02 |
Soya oilcake solvent extracted (defatted) variety | 763 | 230640.02 |
Oilcake and oilcake meal solvent extracted (defatted) variety of rape or colza seeds | |
| 751 | 230400.03 |
Meal of soyabean solvent extracted (defatted) | ||||
Permanent Mission of Canada
to the United Nations
1, rue du Pré-de-la Bichette
1202 Geneva
19 November 1997
Dear Ambassador,
I acknowledge receipt of your letter of today's date and the attached Annexes. The letter reads as follows:
"I would be grateful if you would confirm that your Government agrees with the following:
Further to a request made by the Government of Canada on 16 July 1997 for WTO consultations with the Government of India pursuant to Article 4 of the Understanding on the Rules and Procedures Governing the settlement of Disputes and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) concerning quantitative restrictions maintained by India on the importation of a large number of agricultural and industrial products (WT/DS92/1; 22 July 1997), the Government of Canada and the Government of India have reached a mutually agreed solution.
The Government of Canada and the Government of India have agreed as follows:
- The quantitative restrictions on imports maintained by India by reference to GATT Article XVIII on products not identified in Annex 1 to this exchange of letters but identified in WTO document WT/BOP/N/24 Annex III will be removed according to the phases identified in that Annex. However, the time-periods for those phases are not those referred to in the above-mentioned WTO document but are as follows: Phase I covers 1 April 1997 to 31 March 2000; Phase II covers 1 April 2000 to 31 March 2002; and Phase III covers 1 April 2002 to 31 March 2003. If India advances the removal of the quantitative restrictions on imports on any soya product, India agrees to advance the removal of the quantitative restrictions in an identical manner for any corresponding rapeseed/canola product, as identified in Annex 2.
- The quantitative restrictions on imports maintained by India by reference to GATT Article XVIII for the products identified in Annex 1 to this letter will be removed according to the phases identified in Annex 1. In this connection, it is agreed that the time-periods for the three Phases will be those identified in the previous paragraph.
- If in the context of other settlements, agreements or resolutions of disputes with regard to this matter, India agrees to advance the removal of the quantitative restrictions on imports from the phases identified above, it will do so on an MFN basis. In any case, if India initiates for any reason any legislative, regulatory or other measures advancing the removal of any of the quantitative restrictions on imports which are the subject of this dispute, such removal will also be implemented on an MFN basis.
- All quantitative restrictions on imports maintained by India by reference to GATT Article XVIII on any products currently covered by the Ministerial Declaration on Trade in Information Technology Products ("Information Technology Agreement"/ITA) will be removed during Phase I.
- In respect of the products included in Phase I and Phase II, the liberalization within each phase will be done in annual tranches in a balanced manner.
- In the interest of transparency and to ensure that importers and exporters may be aware of the various changes being implemented, the removal of the quantitative restrictions on imports of the products identified in WT/BOP/N/24 Annex I, Part B will be published in a timely manner and notified to the WTO, in particular, in accordance with the notification requirements of the WTO Agreement on Import Licensing Procedures.
- Where imports are channelled through a state trading enterprise or an enterprise enjoying exclusive or special rights the elimination of quantitative restrictions on imports will be without prejudice to India's rights under Article XVII and the Understanding on the Interpretation of Article XVII of the GATT 1994 as well as India's obligations to comply with the requirements of Articles II:4 and XVII of the GATT 1994 and with the Understanding on the Interpretation of Article XVII of the GATT 1994.
- The Government of Canada understands that if the Government of India reaches a bilateral settlement with the complaining parties of the other WTO disputes regarding this same matter (WT/DS90, WT/DS91, WT/DS93, WT/DS94, WT/DS96), then India will seek to have its plan for the removal of the quantitative restrictions on imports of the products identified in WT/BOP/N/24 Annex I, Part B agreed to by the Members of the WTO. In that context, Canada will support that objective.
- Providing that India duly implements the provisions of this exchange of letters, Canada will not take any action during the phasing-out period pursuant to Articles XXII or XXIII of GATT 1994 with regard to the quantitative restrictions for the products identified above. This letter together with its attached annexes and your letter in reply are without prejudice to the rights and obligations of either Member under the Agreement Establishing the World Trade Organization. The implementation of this exchange of letters shall be reviewed annually upon the request of either Canada or India.
- The Government of Canada and the Government of India will notify the relevant bodies of the WTO that they have reached a mutually agreed solution based on the fulfilment of the undertakings set out in this document with regard to the matter raised on 16 July 1997 (WT/DS92/1; 22 July 1997)."
I am pleased to confirm that the contents of your letter and of the two attached annexes are acceptable to the Government of Canada and to confirm that your letter and this reply will constitute a mutually agreed solution between India and Canada with regard to the dispute entitled "India - Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products (WT/DS92/1; 22 July 1997).
Yours sincerely,
Mr. John M. Weekes
Ambassador
Permanent Representative
H.E. Mr. Srinivasan Narayanan
Ambassador and Permanent Representative
of India to the WTO
ANNEX 1
Phase I: 1 April 1997 to 31 March 2000
SI No. |
ITC (HS) Code |
Description of the products |
| 1 | 020311.00 |
Carcasses and half carcasses, as meat of swine, fresh or chilled |
| 2 | 020312.00 |
Hams, shoulders and cuts with bone in, as meat of swine, fresh or chilled |
| 3 | 020319.00 |
Other meat of swine, fresh or chilled |
| 4 | 020321.00 |
Carcasses and half carcasses, as meat of swine, frozen |
| 5 | 020322.00 |
Hams, shoulders and cuts with bone in, as meat of swine, frozen |
| 6 | 020329.00 |
Other meat of swine, frozen |
| 16 | 020630.00 |
Edible offal of swine, fresh or chilled |
| 17 | 020641.00 |
Livers, as edible offal of swine, frozen |
| 18 | 020649.00 |
Other edible offal of swine, frozen |
| 41 | 030212.00 |
Pacific salmon, Atlantic salmon, and Danube salmon, fresh or chilled |
| 42 | 030219.00 |
Other Salmonidae, excluding livers and roes, fresh or chilled |
| 57 | 030265.00 |
Dogfish and other sharks, fresh or chilled |
| 58 | 030266.00 |
Eels, fresh or chilled |
| 63 | 030310.00 |
Pacific salmon, excluding livers and roes, frozen |
| 65 | 030322.00 |
Atlantic salmon and Danube salmon, excluding livers and roes, frozen |
| 66 | 030229.00 |
Other Salmonidae, excluding livers and roes, frozen |
| 81 | 030375.00 |
Dogfish and other sharks, excluding livers and roes, frozen |
| 82 | 030376.00 |
Eels, excluding livers and roes, frozen |
| 92 | 030379.12 |
Croacker, grouper, hounder, excluding livers and roes, frozen |
| 97 | 030420.04 |
Shark, frozen fillet |
| 100 | 030420.07 |
Cuttle fish, frozen fillet |
| 106 | 030541.00 |
Pacific salmon, Atlantic salmon and Danube salmon, smoked, including fillet |
| 120 | 030619.00 |
Other crustaceans, frozen |
| 121 | 030629.00 |
Other crustaceans, not frozen |
| 122 | 030710.00 |
Oysters |
| 123 | 030721.00 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled |
| 124 | 030729.00 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other |
| 125 | 030739.01 |
Clams, clam meat |
| 126 | 030739.09 |
Other mussels, other than fresh or chilled |
| 127 | 030741.01 |
Cuttlefish, live, fresh or chilled |
| 128 | 030741.09 |
Other cuttlefish and squid, live, fresh or chilled |
| 129 | 030749.01 |
Squid tubes, frozen |
| 130 | 030749.02 |
Whole squids, frozen |
| 131 | 030749.03 |
Squids, dried |
| 132 | 030749.09 |
Squids, other |
| 133 | 030759.00 |
Octopus, frozen, dried, salted or in brine |
| 134 | 030760.00 |
Snails, other than sea snails |
| 135 | 030791.00 |
Other molluscs and aquatic invertebrates, live, fresh or chilled |
| 136 | 030799.09 |
Other molluscs and aquatic invertebrates, frozen, dried, salted or in brine |
| 153 | 040410.01 |
Whey, concentrate, evaporated or condensed |
| 154 | 040410.02 |
Whey, dry, blocks and powdered |
| 160 | 040620.00 |
Grated or powdered cheese, of all kinds |
| 271 | 081040.00 |
Cranberries, bilberries and other fruits of the genus Vaccinium, fresh |
| 285 | 081190.01 |
Other fruits and nuts, cooked or uncooked, not containing added sugar, frozen |
| 476 | 120890.00 |
Flours and meals of other oil seeds or oleaginous fruits |
| 495 | 121410.00 |
Lucerne meal and pellets |
| 602 | 170220.00 |
Maple sugar and maple syrup |
| 642 | 200410.01 |
Potato chips, fried, frozen |
| 701 | 210390.01 |
Curry paste |
| 702 | 210390.02 |
Chili sauce |
| 703 | 210390.09 |
Other sauces and preparations therefore; mixed condiments and mixed seasonings |
| 706 | 210690.01 |
Soft drink concentrates |
| 709 | 210690.04 |
Compound preparations for making beverages (non-alcoholic) |
| 711 | 210690.07 |
Custard powder |
| 712 | Ex 210690.09 |
Other food preparations, n.e.s., other than diabetic food preparations |
| 713 | 220110.00 |
Mineral waters and aerated waters |
| 715 | 220210.01 |
Lemonade |
| 716 | 220210.09 |
Other waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter not flavoured, other than lemonade |
| 739 | 220900.01 |
Brewed vinegar |
| 1000 | 392520.00 |
Doors, windows and their frames and thresholds for doors of plastics |
| 1072 | Ex 430310.00 |
Articles of apparel and clothing accessories of fur skin, of other than protected species |
| 1073 | Ex 430390.00 |
Other articles of fur skin, of other than protected species |
| 1166 | Ex 491199.09 |
Other printed matter, other than trade advertising material, commercial catalogues and the like |
| 2040 | 761010.00 |
Doors, windows and their frames and threshold for doors of aluminium |
| 2041 | 761090.01 |
Finished aluminium structures |
| 2090 | 820559.02 |
Metal working hand tools |
| 2091 | 820559.03 |
Hand tools for specified uses such as watchmaking tools, goldsmith tools |
| 2092 | 820559.09 |
Other hand tools, n.e.s. |
| 2219 | 846911.00 |
Word-processing machines, automatic |
| 2222 | 847010.00 |
Electronic calculators capable of operation without an external source of electric power and pocket size data recording, reproducing and displaying machines with calculating function |
| 2223 | 847021.00 |
Other electronic calculating machines, incorporating a printing device |
| 2224 | 847029.00 |
Other electronic calculating machines, other |
| 2225 | 847030.01 |
Electrically operated calculating machines |
| 2226 | 847040.01 |
Electrically operated accounting machines |
| 2227 | 847050.01 |
Electrically operated cash registers |
| 2228 | 847090.01 |
Postage franking, ticket issuing and similar machines, electrically operated |
| 2229 | Ex 847110.00 |
Electronic diaries |
| 2230 | Ex 847130.01 |
Personal computer, weighing not more than 10 kg., consisting of at least a central processing unit, a keyboard and a display - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2231 | Ex 847141.01 |
Microcomputer or processor - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2232 | Ex 847149.00 |
Other digital automatic data processing machines, presented in the form of systems - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2233 | Ex 847150.00 |
Digital processing units other than those of subheadings No. 8471.41 or 8471.49 which may contain in the same housing one or two of either storage units, input or output units - computer system below a c.i.f. value of Re 1.5 lakh |
| 2234 | Ex 847160.19 |
Keyboards and monitors of c.i.f. value of less than Re 7,500/- per piece |
| 2235 | Ex 847180.00 |
Other units of automatic data processing machines - computer systems below a c.i.f. value of Re 1.5 lakh |
| 2236 | Ex 847330.09 |
Parts and accessories of machines of heading No. 84.71, other - reconditioned components of computers |
| 2280 | 851711.01 |
Line telephone sets with cordless push button type handsets |
| 2281 | 851711.02 |
Line telephone sets with cordless rotary dial type handsets |
| 2282 | 851711.03 |
Line telephone cordless sets |
| 2283 | Ex 851711.09 |
Other telephone sets, other than video telephones or door phones |
| 2284 | Ex 851719.00 |
Other videophones, other than video telephones or door phones |
| 2285 | Ex 851730.00 |
Telephonic or telegraphic switching apparatus, other than electronic public switching including SPC type, but excluding EPABX, EPAX or key telephone systems - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2286 | Ex 851750.03 |
Modems, units below 9600 bauds per second |
| 2287 | Ex 851750.09 |
Subscriber end equipment and other products, other than ISDN terminals |
| 2288 | Ex 851780.00 |
Other apparatus for line telephony or line telegraphy, other than facsimile machines |
| 2289 | Ex 851790.00 |
Populated, loaded or stuffed PCBs - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2307 | 852020.01 |
Telephone answering machines |
| 2325 | Ex 852520.01 |
Cordless telephones, car telephones and transportable telephones |
| 2343 | 853110.00 |
Burglar or fire alarms and similar apparatus |
| 2346 | Ex 853400.00 |
Populated, loaded, or stuffed printed circuit boards, except electronic boards used in quartz analogue watches |
| 2362 | 853641.00 |
Relays, for a voltage not exceeding 60 V. - to the extent the products are covered by the Ministerial Declaration on Trade in Information Technology Products |
| 2364 | 853650.01 |
Other switches of plastics |
| 2368 | 853669.01 |
Plugs and sockets of plastics |
| 2569 | 940330.01 |
Wooden cabinet ware of a kind used in offices |
| 2574 | 940360.00 |
Other wooden furniture |
| 2598 | Ex 940600.09 |
Other prefabricated buildings, other than for cold storage |
| 2607 | 950330.00 |
Other construction sets and constructional toys |
| 2641 | 950800.00 |
Roundabouts, swings, shooting galleries and other fairground amusements; travelling circuses, travelling menageries and travelling theatres |
Phase II: 1 April 2000 to 31 March 2002
SI No. |
ITC (HS) Code |
Description of the products |
| 25 | 020724.00 | Meat and edible offal, of turkeys, not cut in pieces, fresh or chilled |
| 26 | 020725.00 | Meat and edible offal, of turkeys, not cut in pieces, frozen |
| 27 | 020726.00 | Cuts and edible offal, of turkeys, fresh or chilled |
| 28 | 020727.00 | Cuts and edible offal, of turkeys, frozen |
| 29 | 020732.00 | Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, fresh or chilled |
| 30 | 020733.00 | Meat and edible offal, not cut in pieces, of ducks, geese and guinea fowls, frozen |
| 161 | 040630.00 | Processed cheese, not grated or powdered |
| 263 | 080810.00 | Apples, fresh |
| 643 | 200410.09 | Other potato preparations, frozen |
| 655 | 200710.00 | Homogenized preparations of fruit or nut puree and fruit or nut paste, being cooked preparations |
| 657 | 200799.01 | Jams, jellies, marmalades, etc. of mango |
| 658 | 200799.02 | Jams, jellies, marmalades, etc. of guava |
| 659 | 200799.03 | Jams, jellies, marmalades, etc. of pineapple |
| 660 | 200799.04 | Jams, jellies, marmalades, etc. of apple |
| 661 | 200799.09 | Jams, jellies, marmalades, etc. of other fruit |
| 662 | 200811.00 | Ground nuts, otherwise prepared or preserved, n.e.s. |
| 708 | 210690.03 | Sugar syrup containing flavouring or colouring material, n.e.s. |
| 710 | 210690.06 | Churna for paan |
| 740 | 220900.02 | Synthetic vinegar |
| 762 | 230640.01 | Oilcake and oilcake meal expeller variety of rape or colza seeds |
| 763 | 230640.02 | Oilcake and oilcake meal solvent extracted (defatted) variety of rape or colza seeds |
Phase III: 1 April 2002 to 31 March 2003
SI No |
ITC (HS) Code |
Description of the products |
| 142 | 040221.00 |
Milk and cream, concentrated, not containing added sugar or other sweetening matter, in powder, granules or other solid form of a fat content, by weight exceeding 1.5% |
| 146 | 040291.00 |
Milk and cream, not containing added sugar or other sweetening matter, other |
| 156 | 040510.00 |
Butter derived from milk |
| 208 | 071010.00 |
Potatoes, uncooked or cooked by steaming or boiling in water, frozen |
| 403 | Ex 100110.00 |
Durum wheat, other than seed quality |
| 404 | 100190.02 |
Wheat (not seed) for human consumption |
| 405 | Ex 100190.03 |
Meslin, other than seed quality |
| 407 | Ex 100300.00 |
Barley, other than seed quality |
| 408 | Ex 100400.00 |
Oats, other than seed quality |
| 423 | 110100.00 |
Wheat or meslin flour |
| 453 | Ex 120100.00 |
Soya beans, whether or not broken, other than seed quality |
| 459 | Ex 120400.00 |
Linseed, whether or not broken, other than seed quality |
| 460 | Ex 120500.00 |
Rape or colza seeds, whether or not broken, other than seed quality |
| 467 | Ex 120750.00 |
Mustard seeds, other than seed quality |
| 532 | 151410.01 |
Crude colza oil |
| 534 | 151410.03 |
Crude rapeseed oil |
| 537 | Ex 151490.03 |
Rapeseed oil, refined, other than edible grades |
| 612 | 190110.01 |
Malted milk (including powder for infant use, put up for retail sale) |
| 613 | 190110.09 |
Malt extract for infants, put up for retail sale |
| 733 | 220830.00 |
Whiskeys |
| 786 | 230910.00 |
Dog or cat food, for retail sale |
Other products restricted for balance-of-payments purposes and notified by India in Annex I, Part B, of WTO document No. WT/BOP/N/24 dated 22 May 1997.
Soya Product(s) |
Corresponding Rapeseed/Colza (Canola Product(s) |
|||||
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase III: 1 April 2002 to 31 March 2003 | Phase III: 1 April 2002 to 31 March 2003 | |||||
| 453 | Ex 120100.00 | Soya beans, whether or not broken, other than seed quality | 460 | Ex 120500.00 | Rape or colza seeds, whether or not broken, other than seed quality | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase I: 1 April 1997 to 31 March 2000 | Phase I: 1 April 1997 to 31 March 2000 | |||||
| 475 | Ex 120810.00 | Flours and meals of soya beans | 476 | Ex 120890.00 | Flours and meals of rape or colza seeds | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
| Phase III: 1 April 2002 to 31 March 2003 | Phase III: 1 April 2002 to 31 March 2003 | |||||
| 513 | 150710.00 | Soya bean crude oil, whether or not degummed | 532 | 151410.01 | Crude colza oil | |
| 514 | Ex 150790.00 | Other soya bean oil, other than edible grades | 534 | 151410.03 | Crude rapeseed oil | |
| 535 | Ex 151490.01 | Colza oil, refined other than edible grades | ||||
| 537 | Ex 151490.03 | Rapeseed oil, refined, other than edible grades | ||||
Soya Product(s) |
Corresponding Rapeseed/Colza (Canola Product(s) |
|||||
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
Phase III: 1 April 2002 to 31 March 2003 |
Phase III: 1 April 2002 to 31 March 2003 |
|||||
| 749 | 230400.01 |
Oilcake and oilcake meal of soya bean, expeller variety | 762 | 230640.01 |
Oilcake and oilcake meal expeller variety of rape or colza seeds | |
SI No. |
ITC (HS) Code |
Description of the products |
SI No. |
ITC (HS) Code |
Description of the products |
|
Phase III: 1 April 2002 to 31 March 2003 |
Phase III: 1 April 2002 to 31 March 2003 |
|||||
| 750 | 230400.02 |
Soya oilcake solvent extracted (defatted) variety | 763 | 230640.02 |
Oilcake and oilcake meal solvent extracted (defatted) variety of rape or colza seeds | |
| 751 | 230400.03 |
Meal of soyabean solvent extracted (defatted) | ||||