India – Tariff Treatment on Certain Goods

Communication from the Panel

The following communication, dated 16 December 2022, addressed to the Chairperson of the Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement Understanding (DSU).

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Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel on India – Tariffs on ICT Goods (Japan) (DS584) was established by the DSB on 29 July 2020 and composed on 7 October 2020.

In its communication to the DSB of 29 June 2022 (WT/DS584/12), the Panel indicated that it expected to issue its final report not before the end of 2022.

Due to the delays caused by the COVID-19 pandemic, as well as the fact that the same panelists have been appointed in this dispute and in two other disputes^[1], the Panel now estimates that it will issue its final report to the parties in the first quarter of 2023.

The report will only be available to the public once it is circulated to the Members in all three working languages of the WTO. The date of circulation depends on completion of translation and the Panel is not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.