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Certain Measures on Steel and Aluminum Products


Status: Pending

Subject: GATT 1994, Safeguards,

Respondent: United States

Complainant(s): European Union,

Third Parties: South Africa, Brazil, Canada, Colombia, Guatemala, Mexico, Chinese Taipei, Hong Kong, Bahrain, Egypt, Iceland, Norway, Qatar, Russian Federation, Saudi Arabia, Ukraine, Japan, India, Kazakhstan, Indonesia, Malaysia, New Zealand, Singapore, Thailand,

Dispute Number: DS548

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds548_e.htm



On June 1, 2018, the EU requested consultations with the United States concerning certain duties that the United States imposed on imports of steel and aluminum products.

The EU 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, 11.1(a), 12.1, 12.2, and 12.3 of the Safeguards Agreement;

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

• Article XVI:4 of the WTO Agreement.

On June 11, 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 the EU to enter into consultations.

On October 18, 2018, the EU 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, China, Colombia, Egypt, 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, the EU 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 EU’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)
11/5/2019 Closing Statement of the United States at the First Panel Meeting
11/4/2019 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 EU Regarding Open Meetings and Non-Confidential Summaries