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India to appeal WTO panel ruling on sugar sops, says no impact on extant policies

India will file an appeal at the World Trade Organization (WTO) against a panel report issued by on Tuesday that has ruled in favour of Brazil, Australia and Guatemala in their dispute settlement complaints targeting India’s domestic support for sugarcane producers and export subsidies for sugar.

India said that the ruling will not have any impact on any of the country’s existing and ongoing policy measures in the sugar sector. The commerce and industry ministry said that the findings of the panel are “completely unacceptable” to India, unreasoned and not supported by the WTO rules.

Australia, Brazil and Guatemala had challenged some of India’s policy measures in the sugar sector at the WTO in 2019. They complained that domestic support provided by India to sugarcane producers was higher than the limits set by the WTO and that India provided prohibited export subsidies to its sugar mills.

“The panel issued its report on December 14, 2021 in which it has made certain erroneous findings about our schemes to support sugarcane producers and exports,” the ministry said, adding that

the findings of the panel are “completely unacceptable to India”.

“The panel’s findings are unreasoned and not supported by the WTO rules. The panel has also evaded key issues which it was obliged to determine. Similarly, the panel’s findings on alleged export subsidies undermines logic and rationale,” it said.

In its report, the panel observed that for five consecutive sugar seasons, from 2014-15 to 2018-19, India provided non-exempt product-specific domestic support to sugarcane producers in excess of the permitted level of 10% of the total value of sugarcane production. It said that India was acting inconsistently with its obligations under the Agreement on Agriculture.

In the complaints made by Australia and Guatemala, the panel found that, under the challenged schemes including the scheme challenged only by Australia, India provided subsidies contingent upon export performance. This it said is inconsistent with the Subsidies and Countervailing Measures agreement.

The panel recommended that India bring the measures at issue into conformity with the WTO agreements.

“India believes that its measures are consistent with its obligations under the WTO agreements,” the ministry said

The panel report will be adopted by the WTO’s Dispute Settlement Body within 20-60 days of circulation, unless the DSB decides by consensus not to adopt it or either party notifies its decision to appeal.

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