WTO Panel on US Complaint against India for Avian Fowl Restrictions on Chicken Import

The US introduced its request for a panel (WT/DS430/3). The US said that, as it had explained at the May 2012 DSB meeting, the US and other members had concerns about India’s measures prohibiting the importation of various agricultural products into India from members reporting outbreaks of Low Pathogenic Notifiable Avian Influenza (LPAI). The US was of the view that such measures had no scientific basis; were inconsistent with the guidelines of the World Organization for Animal Health; and appeared to be inconsistent with a number of India’s WTO obligations. Thus, the US requested, for the second time, the establishment of a panel to examine the matter.

India said that during the consultations, it had provided explanations and scientific rationale and was disappointed that the US had chosen to litigate rather than negotiate the matter.  India considered that its measures were consistent with its WTO obligations and stood ready to defend them.

The DSB established a panel with standard terms of reference. China, Colombia, Ecuador, EU, Guatemala, Japan and Viet Nam reserved their third party rights to participate in the panel’s proceedings.