DISPUTE SETTLEMENT

DS: European Union — Additional Duties on Certain Products from the United States

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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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 United States (See also DS557, DS558, DS560, DS561, DS566 and DS585)

On 16 July 2018, the United States requested consultations with the European Union concerning the imposition by the European Union of additional duties with respect to certain products originating in the United States.

The United States claimed that the measures appear to be inconsistent with:

  • Articles I:1, II:1(a), and II:1(b) of the GATT 1994.

 

Panel and Appellate Body proceedings

On 18 October 2018, the United States 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. Brazil, Canada, China, Egypt, Guatemala, India, Indonesia, Japan, Kazakhstan, Mexico, New Zealand, Norway, the Russian Federation, Singapore, South Africa, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine and Venezuela reserved their third-party rights.

On 7 January 2019, the United States 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 by the second half of 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 15 December 2020, the Chair of the panel informed the DSB that due to the delays caused by the global COVID-19 pandemic, the panel now expected to issue its final report to the parties by the second half of 2021.

On 5 November 2021, the Chair of the panel informed the DSB that the panel had granted the United States' request of 4 November 2021, to which the European Union agreed on the same day, that the panel suspend its work pursuant to Article 12.12 of the DSU until 17 December 2021.

 

Withdrawal/Termination

On 17 January 2021, the United States and the European Union notified the DSB that they were terminating this dispute before the panel pursuant to the DSU in light of the agreed procedures for arbitration under Article 25 of the DSU, notified to the DSB in a separate communication. On 20 January 2022, the Chair of the panel informed the DSB that it was in receipt of a communication from the United States, dated 17 January 2022, notifying the withdrawal of the complaint, and had accordingly ceased all work in these proceedings.

 

Arbitration under Article 25

On 17 January 2022, the United States and the European Union notified the DSB that they had agreed, pursuant to Article 25.2 of the DSU, to resort to arbitration on the matter pending before the panel in this dispute, in the terms described in the agreed procedures annexed to that communication. The parties also apprised the DSB that upon composition of the arbitrator, the arbitration shall be immediately and indefinitely suspended.

Pursuant to the request of the parties, the arbitrator was composed on 20 January 2022 with the same persons who served as members of the panel. As provided in the parties' communication of 17 January 2022, the arbitration was suspended.

 

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