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India to Appeal WTO Panel Ruling on Sugar Subsidies

India claims that the panel made "certain errors of law " in its findings and filed an appeal with the body, requesting that it "reverse, alter, or declare moot and of no legal consequence the Panel's findings, conclusions, decisions, and recommendations."

Shivani Meena
World Trade Organisation
World Trade Organisation

India has filed an appeal with the Appellate Body of the World Trade Organization, which is the last authority on such disputes. of trade against a World Trade Organization trade dispute settlement panel ruling on domestic sugar subsidies, claiming that the panel made "certain errors of law" in its report, the WTO announced on Tuesday. 

"India has informed the Dispute Settlement Body of its decision to appeal the panel findings in the cases lodged by Australia, Brazil, and Guatemala in 'India - Measures Concerning Sugar and Sugarcane," the WTO stated in a statement. 

It added that there is presently no Appellate Body division available to deal with the appeal due to the ongoing lack of agreement among WTO members on the filling of Appellate Body positions. 

In its ruling on December 14, 2021, the panel suggested that India withdraw its alleged prohibited subsidies underneath the Production Assistance, Buffer Stock, and Marketing and Transportation Schemes within 120 days of the acceptance of this report. 

The WTO panel ruled in favor of Brazil, Australia, and Guatemala in their trade dispute with India regarding New Delhi's sugar subsidies, stating that the support measures are in violation of WTO trade rules. 

New Delhi has also stated that the panel made a mistake in concluding that India's fair and remunerative price and state-advised price are market price supports underneath the WTO's agriculture agreement.

India has appealed to the Appellate Body, requesting that it "reverse, modify, or declare moot and of no legal effect the findings, rulings, conclusions, and suggestions of the Panel" with regard to certain "errors of law or legal interpretation." 

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