DISPUTE SETTLEMENT

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

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.

  

See also:

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Current status

 

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Key facts

Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:
Panel Report circulated: 11 July 2019

  

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Canada (See also DS544, DS547, DS548, DS551, DS552, DS554, DS556 and DS564)

On 1 June 2018, Canada 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.

Canada 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;
     
  • Articles I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1 and XIX:2 of the GATT 1994; and
     
  • Article XVI:4 of the WTO Agreement.

On 8 June 2018, Japan requested to join the consultations. On 13 Jun 2018, China requested to join the consultations. On 14 June 2018, Thailand requested to join the consultations. On 15 June 2018, the European Union, India, Mexico, Norway and the Russian Federation requested to join the consultations.

On 11 June 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 Canada, 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 Canada's notice of intent to impose countermeasures of 31 May 2018.

 

Panel and Appellate Body proceedings

On 18 October 2018, Canada 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, China, Colombia, Egypt, the European Union, Guatemala, Hong Kong, China, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, the Russian Federation, Saudi Arabia, Singapore, South Africa, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine and Venezuela reserved their third-party rights.

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

 

Mutually Agreed Solution

On 23 May 2019, Canada and the United States notified the DSB that they had reached a mutually agreed solution, which consisted of the United States' elimination of certain duties on steel and aluminium products from Canada. On 27 May 2019, the parties jointly wrote to the Panel advising it of their mutually agreed solution.

On 11 July 2019, the Panel circulated its report to the Members. In accordance with Article 12.7 of the DSU, the Panel Report was confined to a brief description of the case and to reporting that a solution has been reached.


 

 

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