WT/DS548/1  
G/L/1243  
G/SG/D 54/1  
 
6 June 2018  
(18-3466) Page: 1/4 
  Original: English  
 
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTA TIONS BY THE EUROPEAN UNION  
The following communication, dated 1 June 2018 , from the delegation of the European Union  to 
the delegation of the United States , is circulated to the Dispute Settlement Body in accordance 
with Article  4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the United States of America 
(United States) pursuant to Articles 1 and 4 of the Un derstanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU), Article XXII:1 of the General Agreement on Tariffs 
and Trade 1994 (GATT 1994) and Article 14 of the Agreement on Safeguards , concerning the 
import adjustments that the United S tates recently introduced on certain steel and aluminium 
products  in the form of additional import duties.  These measures adversely affect exports of these 
goods from the European Union to the United States.  
With respect to certain steel products, the mea sures at issue are the import adjustments on 
certain steel products in the form of additional import duties.  They consist of and are evidenced 
by the following documents considered alone and in any combination:  
- Presidential Proclamation 9705 of 8 March 20 18, Adjusting Imports of Steel into the United 
States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff Schedule of 
the United States;1  
- Presidential Proclamation 9711 of 22 March 2018, Adjusting Imports of Steel into the 
United States, a mending Proclamation 9705 of 8 March 2018;2 
- Presidential Proclamation 9740 of 30 April 2018, Adjusting Imports of Steel into the United 
States, amending Proclamation 9705 of 8 March 2018, as amended by Proclamation 9711 
of 22 March 2018;3 
- Presidential Proc lamation of 31 May 2018, Adjusting Imports of Steel into the United 
States , amending Proclamation 9705 of 8 March 2018, as amended by Proclamation 9711 
of 22 March 2018 and Proclamation 9740 of 30 April 2018 ;4 
- The Effect of Imports of Steel On the National  Security, An Investigation Conducted Under 
Section 232 of the Trade Expansion Act of 1962, as Amended (19 U.S.C. 1862), U.S. 
Department of Commerce, Bureau of Industry and Security, Office of Technology 
Evaluation, 11 January 2018.5 
                                                
1 Federal Register Vol. 83, No. 51, pp. 11625 -11630, 15 March 2018.  
2 Federal Register Vol. 83, No. 60, pp. 13361 -13365, 28 March 2018.  
3 Federal Register Vol. 83, No. 88, pp. 20683 -20705, 7 May 2018.  
4 https://www.whitehouse.gov/presidential -actions/presidential -proclamation -adjusting -imports -steel-
united -states -4/. 
5https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national
_securi ty_-_with_redactions_ -_20180111.pdf . WT/DS548/1 • G/L/1243 • G/SG/D 54/1 
 
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  On 23 March 2018, the United States through these measures introduced additional import duties 
of 25 per cent ad valorem on steel articles imported from countries other than Canada, Mexico, 
Australia, Argentina, Korea, Brazil and the European Union and defined at the US Harmoni zed 
Tariff Schedule (HTS) 6 -digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 
7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent 
revisions to these HTS classifications.  On 1 June 2018, the United States  through these measures 
introduced additional import duties of 25 per cent ad valorem also on these steel articles imported 
from Canada, Mexico and the European Union (Australia, Argentina, Brazil and Korea remaining 
exempt).  For Korea, the United States on 1 May 2018 introduced quotas limiting the quantities of 
imported steel articles by weight per calendar year starting from 2018.  On 1 June 2018, the 
United States introduced quotas limiting the quantities of imported steel articles by weight per 
calenda r year starting from 2018 also for Argentina and Brazil.  
With respect to certain aluminium products, the measures at issue are the import adjustments on 
certain aluminium products in the form of additional import duties.  They consist of and are 
evidenced  by the following documents considered alone and in any combination:  
- Presidential Proclamation 9704 of 8 March 2018, Adjusting Imports of Aluminum into the 
United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff 
Schedule of the Un ited States;6  
- Presidential Proclamation 9710 of 22 March 2018, Adjusting Imports of Aluminum into the 
United States, amending Proclamation 9704 of 8 March 2018;7 
- Presidential Proclamation 9739 of 30 April 2018, Adjusting Imports of Aluminum into the 
Unite d States, amending Proclamation 9704 of 8 March 2018, as amended by Proclamation 
9710 of 22 March 2018;8 
- Presidential Proclamation of 31 May 2018, Adjusting Imports of Aluminum into the United 
States, amending Proclamation 9704 of 8 March 2018, as amended by Proclamation 9710 
of 22 March 2018 and Proclamation 9739 of 30 April 2018;9 
- 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 
Comme rce, Bureau of Industry and Security, Office of Technology Evaluation, 18 January 
2018.10 
On 23 March 2018, the United States through these measures introduced additional import duties 
of 10 per cent ad valorem on aluminium articles imported from countries other than Canada, 
Mexico, Australia, Argentina, Korea, Brazil and the European Union and defined in the US 
Harmonized Tariff Schedule (HTS) as:  (a) unwrought aluminium (HTS 7601); (b) aluminium bars, 
rods, and profiles (HTS 7604); (c) aluminium wire (HTS 7605); (d) aluminium plate, sheet, strip, 
and foil (flat rolled products) (HTS 7606 and 7607); (e) aluminium tubes and pipes and tube and 
pipe fitting (HTS 7608 and 7609); and (f) aluminium castings and forgings (HTS 7616.99.51.60 
and 7616.99.51.70), including any subsequent revisions to these HTS.  On 1 May 2018, the United 
States through these measures introduced additional import duties of 10 per cent ad valorem also 
on these aluminium articles imported from Korea (Argentina, Australia, Brazil, Canada, M exico and 
the European Union remaining exempt).  On 1 June 2018, the United States through these 
measures introduced additional import duties of 10 per cent ad valorem also on these aluminium 
articles imported from Brazil, Canada, Mexico and the European U nion (Australia and Argentina 
remaining exempt).  For Argentina, the United States on 1 June 2018 introduced quotas limiting 
the quantities of imported aluminium articles by weight per calendar year starting from 2018.   
For each of these measures referred to above, this request also covers any further amendments, 
supplements, replacements, extensions, implementing measures or other related measures, 
including any adjustments as between tariffs, tariff quotas or quotas.   
                                                
6 Federal Register Vol. 83, No. 51, pp. 11619 -11624, 15 March 2018.  
7 Federal Register Vol. 83, No. 60, pp. 13355 -13359, 28 March 2018.  
8 Federal Register Vol. 83, No. 88, pp. 20677 -20682, 7 May 2018.  
9 https://www.whitehouse.gov/presidential -actions/presidential -proclamation -adjusting -imports -
aluminum -united -states -4/. 
10https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminium_on_the_n
ational_security_ -_with_redactions_ -_20180117.pdf . WT/DS548/1 • G/L/1243 • G/SG/D 54/1 
 
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  These measures appear to be inconsistent with the United States' obligations under the covered 
agreements and, in particular:  
- Article I:1 of the GATT 1994, because, with respect to customs duties and charges of any 
kind imposed on or in connection with importation, and with respect to all rules and 
formalities in connection with importation, the United States fails to accord any advantage, 
favour, privilege or immunity granted by the United States to certain other countries 
immediately and unconditionally to the like product originating in the territories of all other 
Members;  
- Article II:1(a) and (b) of the GATT 1994, because the  measures do not accord to the 
commerce of most other Members, including the European Union, treatment no less 
favourable than that provided for in the appropriate part of the United States' Schedule.  
They do not exempt the products at issue imported from  most other Members, including 
the European Union, from ordinary customs duties and all other duties or charges of any 
kind imposed on or in connection with importation in excess of those provided for in the 
United States' Schedule and the GATT 1994;  
- 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;  
- Article XI:1 of the GATT 1994, because the Uni ted States has instituted restrictions other 
than duties, taxes or other charges, made effective through quotas, on the importation of 
products of the territory of other Members ; 
- Article XIX:1(a) of the GATT 1994, because the United States has suspended ta riff 
concessions without the products at issue being imported into the territory of the United 
States in such increased quantities and under such conditions as to cause or to threaten 
serious injury to domestic producers in the United States of like or dir ectly competitive 
products, as a result of unforeseen developments and of the effect of the obligations 
incurred under the GATT 1994;  
- Article XIX:2 of the GATT 1994, because the United States has failed to give notice in 
writing to the WTO as far in advanc e as may be practicable and has failed to afford the 
WTO and WTO Members having a substantial interest as exporters of the products 
concerned an opportunity to consult with it in respect of the proposed action;  
- Article 2.1 of the Agreement on Safeguards, because the United States applies safeguard 
measures to the products in question without first having determined, pursuant to the 
subsequent provisions of the Agreement on Safeguards, that such products are being 
imported into its territory in such increas ed quantities, absolute or relative to domestic 
production, and under such conditions as to cause or threaten to cause serious injury to 
the domestic industry that produces like or directly competitive products;  
- Article 2.2  of the Agreement on Safeguards , because the United States does not apply the 
safeguard measures to imported products irrespective of their source;  
- Article 3.1 of the Agreement on Safeguards , because the United States applies safeguard 
measures to the products in question without  first pr operly conducting an investigation and 
publishing a report that sets forth e findings and reasoned conclusions on all pertinent 
issues of fact and law;  
- Article 4.1 of the Agreement on Safeguards , because the United States has not properly 
determined that t here is serious injury, or threat thereof, to a domestic industry;  
- Article 4.2 of the Agreement on Safeguards , because the United States has failed to 
properly evaluate all relevant factors having a bearing on the situation of the domestic 
industry; has f ailed to demonstrate the existence of a causal link between increased 
imports and serious injury or the threat thereof, including by not attributing injury caused WT/DS548/1 • G/L/1243 • G/SG/D 54/1 
 
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  by factors other than increased imports; and has failed to publish a detailed analysis and 
demonstration of its conclusions;  
- Article 5.1 of the Agreement on Safeguards, because the United States is applying 
safeguard measures beyond the extent necessary to prevent or remedy serious injury and 
to facilitate adjustment;  
- Article 7 of the Agreement on Safeguards, because the United States is applying safeguard 
measures without making provision for their application only for the period necessary to 
prevent or remedy serious injury and to facilitate adjustment, without limitation to four 
years, and wit hout making provision for progressive liberalisation at regular intervals;  
- Article 9 of the Agreement on Safeguards, because the United States is applying safeguard 
measures against products originating in developing country Members whose share of 
imports of the products concerned in the United States does not exceed 3 per cent, 
without developing country Members with less than 3 per cent import share collectively 
accounting for more than 9 per cent of total imports of the products concerned;  
- Article 11.1( a) of the Agreement on Safeguards, because the United States has taken 
emergency action on imports of particular products as set forth in Article XIX of the 
GATT  1994, without such action conforming with the provisions of that Article applied in 
accordance  with the Agreement on Safeguards;  
- Articles 12.1, 12.2 and 12.3 of the Agreement on Safeguards, because the United States 
has failed to comply with any of the notification and consultation obligations set out in 
these provisions; and  
- Articles I:1, II:1(a)  and (b), X:3(a) and XI:1 of the GATT 1994, as a consequence of each 
of the above inconsistencies with the provisions of Article XIX of the GATT 1994 and the 
Agreement on Safeguards.  
In addition, the European Union considers that Section 232 of the Trade E xpansion Act of 1962, as 
amended (19 U.S.C. §1862), as repeatedly interpreted by the United States' administrative and 
judicial authorities in the above and other measures, is "as such" inconsistent with the United 
States' obligations and rights set out in  the WTO Agreement. Section 232, so interpreted, provides 
for the United States' Secretary of Commerce and President to determine, ostensibly because of an 
alleged threat to the national security of the United States, that additional import duties or simil ar 
measures be imposed because imports of certain products (such as steel or aluminium), in 
particular quantities and/or at particular prices, cause or threaten injury to domestic commercial 
production facilities, which are therefore to be protected agains t competition from imports in order 
to ensure that they are economically viable. As such, Section 232, so interpreted, is inconsistent 
with the balance of obligations and rights set out in the WTO Agreement, particularly those set out 
above, and fails to e nsure the conformity of United States laws, regulations and administrative 
procedures with the United States' obligations under the WTO Agreement, in a manner that is also 
inconsistent with Article XVI:4 of the WTO Agreement.  
These measures appear to nulli fy or impair the benefits accruing to the European Union directly or 
indirectly under the covered agreements.  
The European Union reserves the right to address additional measures and claims under other 
provisions of the covered agreements regarding the abo ve matters during the course of the 
consultations.  
 
__________