WTO Sides with US in Dispute Over Indian Ag Bans

A World Trade Organization appellate body agreed on June 4 with a recent panel decision to fault India for import bans on U.S. poultry, live eggs and other agricultural products. The bans “arbitrarily and unjustifiably” discriminate against U.S. imports, and represent a “disguised restriction on international trade,” said the WTO in its original panel report in October 2014 (see 1410140106). India argued the bans are necessary to safeguard the country from avian influenza (AI), also known as bird flu. India appealed the panel report in January (see 1501280014). The appellate body reiterated those criticisms of the Indian bans on June 4. The restrictions are “not based on a risk assessment,” said the appellate report (here).

The Office of the U.S. Trade Representative applauded the appellate decision in a statement, saying it falls in line with a U.S. campaign to crack down on illegal trade practices. “This victory will help address barriers to the Indian market for U.S. farmers, including those in the U.S. poultry industry in particular, and also signals to other WTO Members that they must ensure that any avian influenza restrictions they impose are grounded in science, such as by taking into account the limited geographic impact from outbreaks, and are not simply a disguise for protectionism,” said USTR.