WT/DS564/22  
 
24 February  2023 
(23-1300) Page: 1/1 
  Original: English  
 
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
COMMUNICATION FROM TÜRKİYE  
The following communication, dated 20 February  2023, was received from the delegation of Türkiye  
with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
_______________  
 
 
On 26 January 2023, the United States notified the Dispute Settlement Body (DSB) of its decision 
to appeal the report of the panel in the dispute "United State s Certain Measures on Steel and 
Aluminium Products (WT/DS564)". The United States did so by filing a "Notification of Appeal" within 
the meaning of Article 16 of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes (DSU). This "No tification of Appeal" has been circulated as document WT/DS564/21.  
Although the Appellate Body remains non -operational, the DSU and the Appellate Body's Working 
Procedures for Appellate Review (Working Procedures) referred to in Article 17.9 of the DSU rem ain 
in force and govern any appeal within the meaning of the DSU.  Pursuant to Rule 20(1) of the 
Working Procedures, an appeal shall be initiated by filing a Notice of Appeal that must satisfy the 
criteria in Rule 20(2), including a "brief statement of the  nature of the appeal", which in turn includes 
"an indicative list of the paragraphs of the panel report containing the alleged errors".   
The United States' "Notification of Appeal" of 26 January 2023 does not satisfy these requirements, 
because it does n ot contain any reference to the paragraphs of the panel report that contain the 
alleged errors.  
In addition, under Rule 21(1) of the Working Procedures, the United States was required to file, 
simultaneously with the Notice of Appeal, an appellant's submis sion that satisfies the substantive 
criteria set out in Rule 21(2).  The United States has not filed an appellant's submission.    
As a result, in Türkiye's view, the United States' appeal was not filed in a legally valid manner.  When 
the Appellate Body r esumes its functions, Türkiye reserves its right to raise the procedural flaws of 
the United States' appeal and to request the Appellate Body to dispose of the United States' appeal 
accordingly.  
Leaving aside the procedural flaws in the United States' appe al, Türkiye considers that all subsequent 
procedural deadlines set out in the Working Procedures are properly to be considered as suspended. 
When the Appellate Body resumes its functions – and if it were to take the view that the United 
States' appeal was validly filed despite the above -mentioned inconsistencies with the Working 
Procedures – the Appellate Body should set the schedule for this appeal. In that event, Türkiye 
intends to file its appellee's submission in this appeal within the deadline set out in that schedule. 
Türkiye also intends to participate and make oral statements at the hearing to be convened by the 
Appellate Body.   
Türkiye disagrees with the United States' statements concerning the alleged errors in the Panel's 
Report, as mentioned in the United States' "Notification of Appeal".  
Türkiye is providing a copy of this communication directly to the United States and the third parties 
to this dispute.  
__________