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US wins WTO case against India over trade restrictions on solar products

Legislation | | MIC Customs Solutions |

The WTO has ruled in favor of the US in a dispute over Indian trade barriers pertaining to solar products.


India will be asked by the World Trade Organization (WTO) to relax its trade restrictions on solar products after the US won a case against the nation.

The WTO Appellate Body has issued a report finding in favor of a US challenge to domestic content requirements introduced by India as part of its National Solar Mission laws in 2011, which require solar power developers to use Indian-manufactured cells and modules.

Since the introduction of these requirements, American solar exports to India have fallen by more than 90 per cent, leading the Obama administration to protest to the WTO that the regulations were discriminatory and violated international trade rules.

The Appellate Body has now affirmed an earlier WTO panel report agreeing with the US view that these requirements discriminated against American-made and other imported solar products, while rejecting all of the arguments India's government put forward in defense of the laws.

Michael Froman, the US trade representative, said: "We strongly support the rapid deployment of solar energy worldwide, including in India. But local content requirements are not only contrary to WTO rules, but actually undermine our efforts to promote clean energy by requiring the use of more expensive and less efficient equipment, making it more difficult for clean energy sources to be cost-competitive."

In total, the US has now brought 23 complaints to the WTO since 2009, which is more than any other WTO member during this period. This reflects a concerted effort by president Barack Obama to step up its policy of active trade enforcement.

The US has been successful in all of the disputes that have been decided by the WTO so far, and is currently seeking action against China for its policy of export restraints on key raw materials.


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MIC - Customs and Trade Compliance Software Solutions worldwide

Multinational companies are facing greater compliance challenges when addressing the continuously evolving international legal requirements. Customs and trade compliance management has a significant impact on production location and purchasing decisions, delivery times, cost savings and competitive advantages. Thus, it is crucial to establish processes that are accurately, effectively, and efficiently managed utilizing proven global IT solutions.

The international requirements for companies regarding customs and trade compliance management are complex and subject to ongoing legal changes covering a multitude of topics, such as: Correct product classification, compliance with export control regulations, numerous sanction list screenings, calculation of origin based on ratified free trade agreements, supply chain security initiatives, and management of special customs regimes as part of the import and export clearance processes. In addition, country-specific legal requirements that include legislative and technical changes make it increasingly difficult to completely fulfill the requirements of international customs and trade compliance.

A partnership with MIC strengthens a company’s ability to deal with the daily operational challenges of international customs and trade compliance management. MIC has a trendsetting Global Trade Management (GTM) software solution that allows companies to standardize and automate their customs and trade compliance processes. MIC’s software solution is available on 6 continents and can be configured according to the company’s specific needs to significantly improve legal compliance, thus saving time, money, and eliminating future business disruptions.

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Global part master data management with increased degree of automation in customs tariff & export control classification of products based on regularly updated national customs tariffs and export control commodity lists.

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Automated preferential and non-preferential origin calculation for 250+ free trade agreements as well as electronic exchange of customer supplier declarations. Management of supplier declarations via supplier web portal.

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Central export control check of business transactions, including sanctioning list check, embargo check, end-user / end-use check, determination of approval requirements and management of approvals.

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There are various customs regulations and requirements programs throughout the world. Examples include ACE, FTZ and Duty Drawback in the USA, IMMEX in Mexico, the Union Customs Code (UCC) in the EU (and its various national characteristics), the Free Zone in Thailand, and the China Single Window. All of these have the objective of making customs procedures simpler, more modern and more efficient.

MIC Global Trade Management (GTM) software helps companies maintain international visibility and to take advantage of these program changes in legislation. We know the intricacies of national and regional customs and export control requirements. Our software takes account of the respective regulations and uses similarities in global customs and export control law. This is done in 55+ countries on 6 continents with regularly updated trade content for 150+ countries. In addition, our data analytics & visualization tool enables improved decision making by identifying optimization potentials and supply chain trends across global customs and trade compliance processes. As a result, global business processes can be designed and automated more efficiently. This not only increases compliance, but also saves time, money and increases global competitiveness.

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