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Safeguard on Certain Iron or Steel Products


Key Facts

title-1 title-2
Short Title: Indonesia – Iron or Steel Products (Chinese Taipei, Viet Nam)
Respondent: Indonesia
Third Parties: Chile; United States; China; European Union; Russian Federation; Ukraine; Japan; Korea;
Complaintant(s): Chinese Taipei; Vietnam;
Dispute Number: DS490/496
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds490_e.htm; https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds496_e.htm
Dispute Subject(s): GATT 1994; Safeguards;
Dispute Status: Pending


On February 12, 2015, Chinese Taipei requested consultations with Indonesia regarding a safeguard measure imposed by Indonesia on imports of certain flat-rolled iron or steel products and the investigation and determinations leading thereto.  On June 1, 2015, Viet Nam requested consultations with Indonesia regarding a safeguard measure imposed by Indonesia on imports of certain flat-rolled iron or steel products and the investigation and determinations leading thereto.

Chinese Taipei and Viet Nam each claim that the measures are inconsistent with:

•Articles I:1, XIX:1(a) and XIX:2 of the GATT 1994; and

•Articles 2.1, 3.1, 4.1(a), 4.1 (b), 4.1(c), 4.2(a), 4.2 (b), 4.2(c), 12.2 and 12.3 of the Agreement on Safeguards.

On August 20, 2015, Chinese Taipei requested the establishment of a panel in DS490.  At its meeting on August 31, 2015, the DSB deferred the establishment of a panel.  At its meeting on September 28, 2015, the DSB established a panel.  Australia, Chile, China, the European Union, India, Japan, Korea, the Russian Federation, Ukraine, Viet Nam and the United States reserved their third-party rights. 

On September 17, 2015, Viet Nam requested the establishment of a panel in DS496.  At its meeting on September 28, 2015, the DSB deferred the establishment of a panel.  At its meeting on October 28, 2015, the DSB established a single panel pursuant to Article 9.1 of the DSU to examine this dispute and DS490.

On December 1, 2015, Chinese Taipei and Viet Nam requested the Director-General to compose the panel.  On December 9, 2015, the Director-General composed the panel.

 

Panel Proceedings
Brief Date Brief Description
10/27/2016 U.S. Third Party Executive Summary
10/20/2016 U.S. Answers to the Panels' Questions to the Third Parties
10/06/2016 U.S. Third Party Oral Statement

 

Appellate Proceedings
Brief Date Brief Description
05/08/2018 U.S. Third Participant Oral Statement