WT/DS544/1  
G/L/1222  
G/SG/D50/1  
 
9 April 2018  
(18-2149) Page: 1/3 
  Original: English  
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTA TIONS BY CHINA  
The following communication, dated 5 April 2018 , from the delegation of China  to the delegation of 
the United States  and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the United 
States pursuant to Article 4 of  the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 
(GATT 1994), and Article 14 of the Agreement on Safeguards with respect to certain measures by 
the United  States to adjust imports of steel into the United States and to adjust imports of 
aluminum into the United States, including but not limited to, imposing additional ad valorem rate 
of duty on imports of certain steel and aluminum products and exempting ce rtain selected WTO 
Members from the measures.  
 
A. Measures at Issue  
 
The United States imposed 25 percent and 10 percent of additional import duty respectively on 
certain steel products and aluminum products, from all countries except Canada, Mexico, Australi a, 
Argentina, South Korea, Brazil and the European Union, which took effect from 23 March 2018. It 
is indicated that the president of the United States would consider further adjustments to the 
additional import duties, alternative means, or implementation  of quota.  
 
The measures at issue in this request  include, but not limited to:  
 
 Adjusting Imports of Steel Into the United States , including the Annex, To Modify Chapter 
99 of the Harmonized Tariff Schedule of the United States  (Presidential Proclamation 
9705, issued on 8 March 2018)1 
 
 Adjusting Imports of Aluminum Into the United States , including the Annex, To Modify 
Chapter 99 of the Harmonized Tariff Schedule of the United States  (Presidential 
Proclamation 9704, issued on 8 March 2018)2 
 
 Adjusting Imports of Steel into the United States  (Presidential Proclamation 9711, issued 
on 22 March 2018)3 
 
 Adjusting Imports of Aluminum into the United States  (Presidential Proclamation 
9710,  issued on 22 March 2018)4 
 
 Requirements for Submissions Requesting Exc lusions From the Remedies Instituted in 
Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting 
Imports of Aluminum Into the United States; and the Filing of Objections to Submitted 
                                                
1 83 FR 11625 -11630, March 15, 2018  
2 83 FR 11619 -11624, March 15, 2018  
3 83 FR 13361 -13365 , March 28, 2018  
4 83 FR 13355 -13359, March 28, 2018  WT/DS544/1 • G/L/1222 • G/SG/D50/1  
 
- 2 - 
 
  Exclusion Requests for Steel and Alumin um (U.S. Department of Commerce)5 
 
 Section 232 Tariffs on Aluminum and Steel, Additional Duty on Imports of Steel and 
Aluminum Articles under Section 232 of the Trade Expansion Act of 1962  (U.S. Customs 
and Border Protection)6  
 
 Section 232 of the Trade Ex pansion Act of 1962 , as amended (19 U.S.C.  §1862), cited in 
the Presidential Proclamations above for vesting authorities in the President of the United 
States to take the actions therein  
 
 The Effect of Imports of Steel On the National Security, An Investig ation Conducted Under 
Section 232 of the  Trade Expansion Act of 1962, As Amended (U.S. Department of 
Commerce, 11 January 2018)  
 
 The Effect of Imports of Aluminum On the National Security,  An Investigation Conducted 
Under Section 232 of the Trade Expansion  Act of 1962, As Amended (U.S. Department of 
Commerce, 17 January 2018)  
 
as well as any amendments, or successor, replacement, or implementing measures.  
 
B. Legal Basis of the Complaint  
 
The measures at issue, operating separately or together, appear to be in consistent with the United 
States' obligations under:  
 
 Articles XIX:1(a), XIX:2 of the GATT 1994 and Articles 2.1, 2.2, 4.1, 4.2, 5.1, 7, 11.1(a), 
12.1, 12.2 and 12.3 of the Agreement on Safeguards, because with regard to the 
measures at issue which consti tute safeguard measures in substance, the United States 
has failed to make proper determination and to provide reasoned and adequate 
explanation of "unforeseen developments", imports "in such increased quantities" and 
"under such conditions", and "cause or  threaten to cause serious injury to domestic 
producers", and the United States has also failed to follow proper procedural requirements 
including, for example, notification and consultation procedures, and has failed to apply 
the measures in a proper mann er, for example, application irrespective of source of 
supply and only for necessary period of time.  
 
 Article II:1(a) and (b) of the GATT 1994, because the United States has imposed import 
duties on certain steel and aluminum  products in excess of the duties set forth and 
provided in the United States' Schedule of Concessions and Commitments annexed to the 
GATT 1994, and has failed to exempt products of China subject to the measures at issue 
from ordinary customs duties in exc ess of those set forth and provided in the United 
States' Schedule of Concessions and Commitments annexed to the GATT 1994 and from 
all other duties or charges in excess of those imposed on the date of the GATT 1994 or 
those directly and mandatorily requir ed to be imposed thereafter by legislation in force in 
the United States on that date.  
 
 Article I:1 of the GATT 1994, because the selective application by the United States of the 
additional import duties on certain steel and aluminum products originating in different 
Members, including providing exemption or applying alternative means, has failed to 
extend immediately and unconditionally to China any "advantage, favor, privilege or 
immunity" granted by the United States "[w]ith respect to customs duties an d charges of 
any kind imposed on or in connection with" the importation of products originating in the 
territory of other Members, as well as with respect to "the method of levying such duties 
and charges" and the "rules and formalities in connection with importation" . 
 
 Article X:3(a) of the GATT 1994, because the United States has failed to administer its 
laws, regulations, decisions and rulings in relation to the measures at issue in a uniform, 
impartial and reasonable manner.  
 
                                                
5 83 FR 12106 -12112, March 19, 2018  
6 https://www.cbp.gov/trade/programs -administration/entry -summary/232 -tariffs -aluminum -and-steel   WT/DS544/1 • G/L/1222 • G/SG/D50/1  
 
- 3 - 
 
  As a result of the foregoing, the measures at issue appear to nullify or impair benefits accruing to 
China directly or indirectly under the cited agreements.  
 
China reserves the right to raise additional factual and legal claims and matters regarding the 
above mentioned meas ures during the course of the consultations and in any future  request for 
panel proceedings.  
 
China looks forward to receiving the reply of the United States to the present request and to 
setting a mutually convenient date and venue for cons ultations.  
 
__________