DS: United States — Certain Measures on Steel and Aluminium Products

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Current status

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the Russian Federation (See also DS544, DS547, DS548, DS550, DS551, DS552, DS556 and DS564)

On 29 June 2018, the Russian Federation requested consultations with the United States concerning certain measures imposed by the United States to allegedly adjust imports of steel and aluminium into the United States.

The Russian Federation claimed that the measures appear to be inconsistent with:

• Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 11.1(a), 11.1(b), 12.1, 12.2, 12.3 and 12.5 of the Agreement on Safeguards; and
   
• Articles I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1(a) and XIX:2 of the GATT 1994;

On 9 July 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted the Russian Federation's request to enter into consultations, without prejudice to the US view that the measures imposed by the United States concern issues of national security not susceptible to review or capable of resolution by WTO dispute settlement and that the consultations provisions in the Agreement on Safeguards are not applicable. The United States also referred to the Russian Federation's notification of 18 May 2018 that it intended to suspend concessions and other obligations, based on Article 8.2 of the Agreement on Safeguards.

On 9 July 2018, Mexico requested to join the consultations. On 10 July 2018, Norway requested to join the consultations. On 11 July 2018, Canada and Thailand requested to join the consultations. On 12 July 2018, China, the European Union and India requested to join the consultations. On 29 August 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it rejected the requests to join consultations submitted by Canada, China, the European Union, India, Mexico, Norway and Thailand.

 

Panel and Appellate Body proceedings

On 18 October 2018, the Russian Federation requested the establishment of a panel. At its meeting on 29 October 2018, the DSB deferred the establishment of a panel.

At its meeting on 21 November 2018, the DSB established a panel. Bahrain, Brazil, Canada, China, Colombia, Egypt, the European Union, Guatemala, Hong Kong, China, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Saudi Arabia, Singapore, South Africa, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine, the United Arab Emirates and Venezuela reserved their third-party rights.

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

On 4 September 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties no earlier than autumn 2020. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 4 February 2021, the Chair of the panel informed the DSB that due to delays caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties no earlier than the second half of 2021. On 9 December 2021, the Chair of the panel informed the DSB that due to the complexity of the dispute and the delays caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties no earlier than the first half of 2022.  On 30 June 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute, the panel expected to issue its final report to the parties no earlier than the last quarter of 2022. On 24 January 2023, the Chair of the panel informed the DSB that the panel was in ongoing consultations with the parties regarding this dispute and did not expect to issue its final report to the parties before the third quarter of 2023.

On 23 June 2023, the Chair of the panel informed the DSB that it had granted the Russian Federation's request of 16 June 2023, to which the United States had objected on 20 June 2023, that the panel suspend its work pursuant to Article 12.12 of the DSU. The Chair indicated that the suspension of the panel's work was effective from 23 June 2023. The Chair noted that, pursuant to Article 12.12, if the work of the panel has been suspended for more than 12 months, the authority for establishment of the panel shall lapse.