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Subject
: Information on various Non Tariff Barriers faced
by Indian exporters
in respect of various commodities
I
have received a letter dated 21st October, 2005 from
Mr. K. T. Chacko, DGFT, informing that DGFT intends
to put into place, along with the Annual Supplement
to the Foreign Trade Policy, a mechanism which will
take into consideration the complaints made by the
Indian exporters in respect of any non tariff barrier
faced by a Indian exporter, in respect of any commodity,
for exports to any country.
DGFT
has desired to seek information in respect of various
non tariff barriers faced by Indian exporters. Hence
I request you to send the details of various non tariff
barriers faced by you. DGFT has informed that European
Community put into place Trade Barrier Regulation
(Council Regulation) (EC) No. 3286/94 of 22.12.1994
of European Community. Under this Regulation any EC
exporter can complain about a Trade Barrier or a Regulation
in any third country which impedes or adversely affects
EU exports to that country.
I
order to consider adopting a similar mechanism which
can effectively address the complaints of Non-Tariff
Barriers by Indian exporters in third countries certain
proposals are being mooted. Such a system will help
in addressing the concerns of the Indian exporters
when faced with Trade Barriers in USA, EC and China.
A
copy of the letter received from DGFT is enclosed
along with.
Hence
I request all of you to take this seriously and please
send to us the details of all such non tariff barriers
faced by you giving the name of the company, name
of the product, nature of non tariff barrier, country
which is imposing such non tariff barriers and any
other details which you think are appropriate. This
may please be submitted to EPCES latest by 31st October
2005.
K.
T. Chacko
Director
General
Government
of India Ministry of Commerce & Industry
Directorate
General of Foreign Trade
Udyog
Bhawan, New Delhi 110 011
DO
No. 01/94/180/Misc.41/AM06/PCIA/1339
Dated the 21st October 2005
Dear
Shri Singhal,
I would like to draw your attention to the Trade Barrier
Regulation (Council Regulation) (EC) No. 3286/94 of
22.12.1994 of European Community. Under this Regulation
any EC exporter can complain about a Trade Barrier
or a Regulation in any third country which impedes
or adversely affects EU exports to that country. The
investigation itself is time bound. At its conclusion,
if a prima facie case is made out of any measure violative
of EC’s WTO rights, they are bound by the Regulation
to go to the WTO and initiate a dispute.
However, a dispute is not necessarily the only conclusion
to a complaint. During the investigation the EC itself
consults and negotiate with the country concerned
to find a mutually acceptable solution. If such a
solution is found, the process is suspended and kept
under review.
I
order to consider adopting a similar mechanism which
can effectively address the complaints of Non-Tariff
Barriers by Indian exporters in third countries certain
proposals are being mooted. Such a system will help
in addressing the concerns of the Indian exporters
when faced with Trade Barriers in USA, EC and China.
I would, therefore, request you to furnish information
on the various Non-Tariff Barriers faced by the exporters
of the commodities under your jurisdiction in order
to implement a system which will allows a systematic
consideration of the complaints made by the Indian
exporters. Since this mechanism is to be put in place
along with the Annual Supplement to the Policy, I
would request you to send the required information
within 15 days.
With regards,
Yours sincerely,
Sd/-
(K.T.
CHACKO)
Shri
L. B. Singhal
Director
General
Export
Promotion Council for EOUs & SEZ Units
705,
Bhikaji Cama Bhavan, Bhikaji Cama Place,
New
Delhi 110 066.
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