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Certain Measures on Steel and Aluminum Products

Status: Pending

Subject: GATT 1994, Safeguards,

Respondent: United States

Complainant(s): China,

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,

Dispute Number: DS544

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds544_e.htm

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


U.S. Comments on China’s Answers to Panel’s Additional Questions


U.S. Answers to Panel’s Additional Questions


U.S. Second Written Submission


U.S. Answers to Panel Questions (First Set)


Closing Statement of the United States at the First Panel Meeting


Opening Statement of the United States at the First Panel Meeting


U.S. First Written Submission


U.S. Letter Request to China Regarding Open Meetings and Non-Confidential Summaries  
1/26/2023 U.S. Notification of Appeal to DSB