India – Certain measures relating to solar cells
 and solar modules

Request for Consultations by the United States

        The following communication, dated 6 February 2013, from the delegation of the United States to the delegation of India and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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            My authorities have instructed me to request consultations with the Government of India ("India") pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"); Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"); Article 8 of the Agreement on Trade‑Related Investment Measures ("TRIMs Agreement"); and Articles 4, 7, and 30 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement") concerning certain measures of India relating to domestic content requirements under the Jawaharlal Nehru National Solar Mission ("NSM") for solar cells and solar modules.

            Specifically, it appears India requires solar power developers, or their successors in contract, to purchase and use solar cells and solar modules of domestic origin in order to participate in the NSM and to enter into and maintain power purchase agreements under the NSM or with National Thermal Power Company Vidyut Vyapar Nigam Limited.  As a result, solar power developers, or their successors in contract, receive certain benefits and advantages, including subsidies through guaranteed, long‑term tariffs for electricity, contingent on their purchase and use of solar cells and solar modules of domestic origin.