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Certain Measures on Steel and Aluminum Products


Key Facts

title-1 title-2
Short Title: United States – Steel and Aluminum Products (China)
Respondent: United States
Third Parties: Southern Africa; Brazil; Canada; Colombia; Guatemala; Mexico; Venezuela; Hong Kong; Bahrain; European Union; Iceland; Norway; Qatar; Russian Federation; Saudi Arabia; Switzerland; Turkey; Ukraine; Japan; India; Kazakhstan; Indonesia; Malaysia; Singapore;
Complaintant(s): China;
Dispute Number: DS544
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds544_e.htm
Dispute Subject(s): GATT 1994; Safeguards;
Dispute Status: Pending


On April 5, 2018, China requested consultations with the United States concerning certain duties that the United States imposed on imports of steel and aluminum products.

China claimed in its request for consultations that the measures appear to be inconsistent with:

• Articles 2.1, 2.2, 4.1, 4.2, 5.1, 7, 11.1(a), 12.1, 12.2, and 12.3 of the Safeguards Agreement; and

• Articles I:1, II:1(a) and (b), X:3(a), XIX:1(a), and XIX:2 of the GATT 1994.

On April 13, 2018, the United States requested the DSB Chair to circulate to Members a communication in which the United States indicated that, among other things, without prejudice to the U.S. view that the tariffs imposed pursuant to Section 232 are issues of national security not susceptible to review or capable of resolution by WTO dispute settlement, and that the consultations provision in the Agreement on Safeguards is not applicable, the United States accepted the request of China to enter into consultations.

On October 18, 2018, China requested the establishment of a panel. At its meeting on October 29, 2018, the DSB deferred the establishment of a panel. At its meeting on November 21, 2018, the DSB established a panel. Bahrain, Brazil, Canada, Colombia, Egypt, the EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine, and Venezuela reserved their third-party rights.

On January 7, 2019, China requested the Director-General to compose the panel. On January 25, 2019, the Director-General composed the panel.

 

Panel Proceedings
Brief Date Brief Description
10/28/2020 U.S. Comments on China’s Answers to Panel’s Additional Questions
09/22/2020 U.S. Answers to Panel’s Additional Questions
04/17/2020 U.S. Second Written Submission
02/14/2020 U.S. Answers to Panel Questions (First Set)
10/30/2019 Closing Statement of the United States at the First Panel Meeting
10/29/2019 Opening Statement of the United States at the First Panel Meeting
06/12/2019 U.S. First Written Submission
03/05/2019 U.S. Letter Request to China Regarding Open Meetings and Non-Confidential Summaries