World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

China 5:

REPORT BY THE SECRETARIAT

SECTION II: TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES: (4) BUSINESS ENVIRONMENT: Paragraph 41

"Despite its generally open policy thrust, India restricts investment from companies or nationals of certain countries. …"

Could the Indian delegation please explain the rationale behind the restrictions imposed on companies or nationals of certain countries? How are these countries identified?

Reply: The policy on FDI has been steadily liberalised and is reviewed from time to time, with a view to increasing its investor friendliness. In keeping with this thrust towards an increasingly open policy environment, country specific restrictions on investment, which had earlier found a place under the policy on FDI, have also been gradually reduced over time.

China 6:

REPORT BY THE SECRETARIAT

SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (2) MEASURES DIRECTLY AFFECTING IMPORTS: Paragraph 86

"…Between January 2006 and 31 December 2010, India initiated 209 anti dumping investigations against 34 trading partners, compared with 176 reported in its last Review (Chart III.4). The products involved included chemicals and products thereof, plastics and rubber and products thereof, base metals, and textiles and clothing…"

Could the Indian delegation please comment on the factors for the surge of anti dumping investigations initiated during this review period?

Reply: Anti dumping investigations are carried out strictly as per India's Customs Tariff (identification, assessment and collection of anti dumping duty on dumped articles and for determination of injury) Rules, 1995 as amended and in conformity with the provisions of the WTO Agreement on implementation of Article VI of the GATT 1994.

China 7:

REPORT BY THE SECRETARIAT

SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (2) MEASURES DIRECTLY AFFECTING IMPORTS: Paragraph 119

"In August 2006, the Central Government passed the Food Safety and Standards (FSS) Act of 2006 to consolidate separate laws, and to establish the Food Safety and Standards Authority of India (FSSAI). According to the authorities, this law has been notified (Chapter II(2)(i)). However, the rules and regulations to operationalize this Act have not been notified yet. Once the Food Safety and Standards Regulations, 2010 and Rules 2011 are notified, the Food Safety and Standards Act 2006 will be fully implemented and will repeal some of the separate laws."

When are the rules and regulations to operationalize the FSS Act expected to be notified?

Reply: Food Safety and Standards Rules 2011 and Food Safety and Standards Regulation, 2011 were notified vide Gazette Notification dated on 5 May 2011 and 1 August 2011 respectively by Government of India and are available on FSSAI website: fssai.gov.in. The FSS Act came into effect from 5 August 2011.

China 8:

REPORT BY THE SECRETARIAT

SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: Paragraph 219

"India became an observer to the WTO Agreement on Government Procurement in February 2010. According to the authorities, reforms to date have moved India towards a more transparent and competitive procurement framework. …"

Does India have a timetable with regard to formally starting the process of becoming a Party to the GPA?