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Certain Measures on Steel and Aluminum Products


Key Facts

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Short Title: United States – Steel and Aluminum Products (India)
Respondent: United States
Third Parties: Brazil; Canada; Colombia; Mexico; Venezuela; Bahrain; Egypt; European Union; Iceland; Norway; Qatar; Russian Federation; Saudi Arabia; Switzerland; Turkey; Ukraine; United Arab Emirates; Japan; Kazakhstan; Malaysia; Thailand;
Complaintant(s): India;
Dispute Number: DS547
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds547_e.htm
Dispute Subject(s): GATT 1994; Safeguards;
Dispute Status: Pending


On May 18, 2018, India requested consultations with the United States concerning certain duties that the United States imposed on imports of steel and aluminum products.

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

• Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 9.1, 11.1(a) and (b), 12.1, 12.2, and 12.3 of the Safeguards Agreement; and

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

On May 28, 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 India to enter into consultations.

On November 8, 2018, India requested the establishment of a panel. At its meeting on November 21, 2018, the DSB deferred the establishment of a panel. At its meeting on December 4, 2018, the DSB established a panel. Bahrain, Brazil, Canada, China, Colombia, Egypt, the EU, Hong Kong, Iceland, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Russia, Saudi Arabia, Singapore, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine, the UAE, and Venezuela reserved their third-party rights.

On January 7, 2019, India 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 India’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)
10/31/2019 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 India Regarding Open Meetings and Non-Confidential Summaries