WTO Issued Rerport in United States - Certain Measures Relating to the Renewable Energy Sector Case Finding that Certain Measures Were Inconsistent with the United States' GATT Obligations (June 27, 2019) [1]
On June 27, 2019, the World Trade Organization circulated its panel report [3] in the United States –Certain Measures Relating to the Renewable Energy Sector case, DS510. In January 2017, India requested the establishment of a WTO panel to consider the following eleven issues: “(1) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Renewable Energy Cost Recovery Incentive Payment Program (RECIP) in the State of Washington; (2) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Self-Generation Incentive Program (SGIP) in the State of California; (3) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Los Angeles Department of Water and Power's (LADWP) Solar Incentive Program in the State of California; (4) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Montana Tax Incentive for Ethanol Production (TIEP) in the State of Montana; (5) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Montana Tax Credit for Biodiesel Blending and Storage in the State of Montana; (6) incentives granted and/or maintained contingent upon the use of domestic over imported goods through refund for Taxes paid on Biodiesel by Distributor or Retailer in the State of Montana; (7) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Connecticut Residential Solar Investment Program (CRSIP) in the State of Connecticut; (8) incentives granted and/or maintained contingent upon the use of domestic over imported goods through the Renewable Energy Credits in the State of Michigan; (9) incentives granted and/or maintained contingent upon the use of domestic over imported goods through the Delaware Solar Renewable Energy Credits in the State of Delaware; (10) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Made in Minnesota Solar Incentive Program (MSIP) in the State of Minnesota; and (11) incentives granted and/or maintained contingent upon the use of domestic over imported goods under Massachusetts Clean Energy Centre's Commonwealth Solar Hot Water Program, (CSHWP) in the State of Massachusetts.” The Panel found that Measures 3 and 11 fell outside their terms of reference. The Panel concluded that Measures 1, 2, 4, 5, 6, 7, 8, 9, and 10 were inconsistent with the United States’ obligations under Article III:4 of the 1994 General Agreement on Tariffs and Trade. On August 15, 2019, the United States filed an appeal [4] of this report.