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.


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Complaint by Norway (See also DS544, DS547, DS548, DS550, DS551, DS554, DS556 and DS564)

On 13 June 2018, Norway 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.

Norway claimed that the measures appear to be inconsistent with:

  • Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 11.1(a), 11.1(b), 12.1, 12.2 and 12.3 of the Agreement on Safeguards;
  • Articles I:1, II:1(a), II:1(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 19 June 2018, the European Union requested to join the consultations. On 20 June 2018, Canada, Mexico and Thailand requested to join the consultations. On 26 June 2018, the Russian Federation requested to join the consultations. On 27 June 2018, India requested to join the consultations. On 28 June 2018, China requested to join the consultations.

On 22 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 Norway, 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.


Panel and Appellate Body proceedings

On 18 October 2018, Norway 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, Qatar, the Russian Federation, 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, Norway 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. In its communication, 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.



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