Abstract
This chapter analyses the legality of a measure taken by Turkey in 2008, and extended in 2011, while imposing safeguard duty on cotton yarn from India. The final outcome in this case was a vindication of India’s position that imposition of provisional measures under Article 6 of the Agreement on Safeguards was not permissible in a review investigation—a position which India consistently maintained. This chapter also chronicles the building of public-private partnership involving multiple government departments and private stakeholders such as Texprocil in defending India’s interests in WTO dispute settlement. This chapter also explains how coordinated strategies could achieve the desired outcomes without dragging fairly straight-forward disputes into avoidable, complex, and expensive full-blown WTO dispute settlement.
The opinion expressed in this chapter are personal and do not necessarily reflect the views of my institution. I acknowledge the research help provided by Mr. Jayant Raghuram.
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Notes
- 1.
Annual Report 2014–15 of Ministry of Textiles, India, http://texmin.nic.in/pdf/ar_14_15_english.pdf. Accessed on 16 Nov 2015.
- 2.
See www.texprocil.org.
- 3.
Welcome to Texprocil, About Texprocil, The Cotton Textiles Export Promotion Council, http://www.texprocil.org/. Accessed on 16 Nov 2015.
- 4.
Ibid.
- 5.
Request for Establishment of a Panel, Communication by India, United States—Measures Affecting Imports of Women’s and Girls’ Wool Coats, WT/DS32/1 (Hereinafter US—Wool Coats).
- 6.
Panel Report on Turkey—Restrictions on Imports of Textile and Clothing Products, WT/DS34/R (Hereinafter Turkey—Textiles).
- 7.
Panel Report on United States—Rules of Origin for Textiles and Apparel Products, WT/DS243/R (Hereinafter US—Textiles Rules of Origin).
- 8.
Panel Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/R (Hereinafter EC—Tariff Preferences).
- 9.
Appellate Body & Panel Report on European Communities—Anti-dumping Duties on Imports of Cotton Type Bed Linen from India, WT/DS141/AB/R, WT/DS141/R (Hereinafter EC—Bed Linen).
- 10.
See Chap. 7 in this book.
- 11.
WTO (2008a) Committee on Safeguards, G/SG/N/6/TUR/14; G/SG/N/7/TUR/2, G/SG/N/11/TUR/10.
- 12.
WTO (2008b) Committee on Safeguards, G/SG/N/8/TUR/11; G/SG/N/9/TUR/5; G/SG/N/10/TUR/11L G/SG/N/11/TUR/12.
- 13.
Ibid.
- 14.
Memorandum of Association of the Council, Texprocil.
- 15.
Note from Texprocil (on file with author).
- 16.
WTO (2011) Committee on Safeguards, G/SG/N/6/TUR/14/Supp;.1; G/SG/N/7/TUR/10; G/SG/N/11/TUR/17.
- 17.
Government of India, Trade Policy Division, Department of Commerce (on file with author).
- 18.
WTO Documents G/SG/N/11/TUR/17/Supp.1, G/SG/N/14/TUR/ dated 31 January 2012.
- 19.
Request for Consultations by India on Turkey—Safeguard Measures on Import of Cotton Yarn (Other than Sewing Thread), WT/DS428/1, G/L/979, G/SG/D41/1.
- 20.
India’s delegation comprised Mukesh Bhatnagar, Addl. DGFT, Department of Commerce, Vijay Kumar, Counsellor, PMI, Geneva, Anant Swarup, First Secretary (Legal) PMI, Geneva, Siddharth Rajgopal, Executive Director, Texprocil, S. Seetharaman, Advocate, M/s. Lakshmi Kumaran & Sreedharan, C. Ramachandran, First Secretary (Com), EOI, Ankara and Rakesh Mohan, Attache (Admn).
References
Annual Report (2014–15) Ministry of Textiles, India. http://texmin.nic.in/pdf/ar_14_15_english.pdf, Accessed 16 Nov 2015.
Appellate Body Report on European Communities—Anti-dumping duties on imports of cotton type bed linen from India, WT/DS141/AB/R.
Memorandum of Association of the Council, Texprocil.
Panel Report on European Communities—Conditions for the granting of tariff preferences to developing countries, WT/DS246/R.
Panel Report on Turkey—Restrictions on imports of textile and clothing products, WT/DS34/R.
Panel Report on United States—Rules of Origin for textiles and apparel products, WT/DS243/R.
Request for consultations by India, Turkey—Safeguard measures on import of cotton yarn (other than sewing thread), WT/DS428/1, G/L/979, G/SG/D41/1.
Request for establishment of a panel, communication by India, United States—Measures affecting imports of women’s and girls’ wool coats, WT/DS32/1.
Welcome to Texprocil, About Texprocil, The Cotton Textiles Export Promotion Council. http://www.texprocil.org/, Accessed 16 Nov 2015.
WTO (2008a) Committee on Safeguards, G/SG/N/6/TUR/14; G/SG/N/7/TUR/2, G/SG/N/11/TUR/10.
WTO (2008b) Committee on Safeguards, G/SG/N/8/TUR/11; G/SG/N/9/TUR/5; G/SG/N/10/TUR/11L G/SG/N/11/TUR/12.
WTO (2012a) Committee on Safeguards, G/SG/N/6/TUR/14; G/SG/7/TUR/2; G/SG/N/11/TUR/10.
WTO (2012b) Committee on Safeguards, G/SG/N/11 TUR/17/Supp.1, G/SG/N/14/TUR.
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© 2016 Centre for WTO Studies (CWS), Indian Institute of Foreign Trade (IIFT), New Delhi
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Mukesh Bhatnagar (2016). Turkey’s Safeguard Measures on Cotton Yarn: Resolution by Consultations. In: Das, A., Nedumpara, J. (eds) WTO Dispute Settlement at Twenty. Springer, Singapore. https://doi.org/10.1007/978-981-10-0599-2_11
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