This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
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(as cited in request for consultations)
|Request for Consultations received:|
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Summary of the dispute to date
The summary below was up-to-date at
On 18 May 2018, India 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.
India claimed 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), 11.1(b), 12.1, 12.2 and 12.3 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 31 May 2018, China and the Russian Federation requested to join the consultations. On 1 June 2018, the European Union and Thailand requested to join the consultations. On 4 June 2018, Hong Kong, China requested to join the consultations.
On 28 May 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States was willing to enter into consultations with India, 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. In its communication, the United States also referred to India's notification of 18 May 2018 that it intended to suspend concessions and other obligations, pursuant to Article 8.2 of the Agreement on Safeguards.
Panel and Appellate Body proceedings
On 8 November 2018, India requested the establishment of a panel. At its meeting on 21 November 2018, the DSB deferred the establishment of a panel.
At its meeting on 4 December 2018, the DSB established a panel. Bahrain, Brazil, Canada, China, Colombia, Egypt, the European Union, Guatemala, Hong Kong, China, Iceland, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, the Russian Federation, Saudi Arabia, Singapore, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine, the United Arab Emirates and Venezuela reserved their third-party rights.
On 7 January 2019, India requested the Director-General to compose the panel. On 25 January 2019, the Director-General composed the panel.
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