G/L/1249  
 
4 July 2018  
(18-4171) Page: 1/4 
  Original: English  
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTA TIONS BY THE RUSSIAN FEDERATI ON 
The following communication, dated 29 June 2018 , from the delegation of the Russian Federation  
to the delegation of the United States , and to the Chairperson of the Council for Trade in Goods  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 Americ a 
(United States) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes , Article XXII:1 of the General Agreement on Tariffs and 
Trade  1994 (GATT 1994) and Article 14 of the Agreement on Safeguards , concerning the measures 
that the United States introduced to adjust imports of steel and aluminium into the United States, 
including imposing additional ad valorem import duties on certain steel and aluminium products 
and exempting certain WTO members from these measures. These measures adversely affect 
exports of these products from the Russian Federation to the United States.  
On 23 March 2018, the United States introduced additional ad valorem import duties of 
25 per cent on steel and steel products import ed from all countries except Canada, Mexico, 
Australia, Argentina, Korea, Brazil and the European Union and defined at the US Harmonized 
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 su bsequent 
revisions to these HTS  classifications.  
On 1 June 2018, the United States introduced additional ad valorem import duties of 25 per cent 
also on these steel and steel products imported from Canada, Mexico and the European Union. 
Thus, Australia, Argentina, Brazil and Korea remain exempt from these duties. On 1 May 2018, the 
United States introduced quotas for Korea limiting the quantities of imported steel and steel 
products by weight per calendar ye ar starting from 2018. On 1 June 2018, the United States 
introduced quotas also for Argentina and Brazil limiting the quantities of imported steel and steel 
products by weight per calendar year starting from 2018.  
On 23 March 2018, the United States introd uced additional ad valorem import duties of 
10 per cent on aluminium products imported from all countries except Canada, Mexico, Australia, 
Argentina, Korea, Brazil and the European Union and defined in the US Harmonized Tariff Schedule 
(HTS) as: (a) unwro ught aluminium (HTS 7601); (b) aluminiu m 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 subsequ ent revisions to these HTS.  
On 1 May 2018, the United States introduced additional ad valorem import duties of 10 per cent 
also on these a luminium products imported from Korea. Thus, Argent ina, Australia, Brazil, 
Canada,  Mexico and the European Union remained exempt from these duties . On 1 June 2018, 
the United States introduced additional ad valorem import duties of 10 per cent also on thes e 
aluminium products imported from Brazil, Canada, Mexico and the European Union. Thus, Australia 
and Argentina remain exempt from these duties. On 1 June 2018, the United States introduced G/L/1249  
 
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  quotas for Argentina limiting the quantities of imported aluminium  products by weight per calendar 
year starting from  2018.  
The measures at issue include, but are not limited to:  
- Presidential Proclamation 9705 of 8 March 2018, Adjusting Imports of Steel into the United 
States (including the Annex), To Modify Chapter 99 of the  Harmonized Tariff Schedule of 
the United  States1; 
- 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 United  States2; 
- Presidential Proclamation 9711 of 22 March 2018, Adjusting Imports of Steel into the 
United States (including the Annex), amending Proclamation 9705 of 8 March  20183; 
- Presidential Proclamation 9710 of 22 March 2018, Adjusting Imports of Aluminum into th e 
United States (including the Annex), amending Proclamation 9704 of 8 March  20184; 
- Presidential Proclamation 9740 of 30 April 2018, Adjusting Imports of Steel into the United 
States (including the Annex, To Modify Certain Provisions of Chapter 99 of the H armonized 
Tariff Schedule of the United States), amending Proclamation 9705 of 8 March 2018, as 
amended by Proclamation 9711 of 22 March  20185; 
- Presidential Proclamation 9739 of 30 April 2018, Adjusti ng Imports of Aluminum into 
the United States (including  the Annex, To Modify Certain Provisions of Chap ter 99 of 
the Harmonized Tariff Schedule of the United States), amending Proclamation 9704 of 
8 March 2018, as amended by Proclamation 9710 of 22 March  20186; 
- Presidential Proclamation 9759 of 31 May 2018, Ad justing Imports of Steel into the United 
States (including the Annex), amending Proclamation 9705 of 8 March 2018, as amended 
by Proclamation 9711 of 22 March 2018 and Proclamation 9740 of 30 April  20187; 
- Presidential Proclamation 9758 of 31 May 2018, Adju sting Imports of Aluminum into the 
United States (including the Annex, To Modify Certain Provisions of Chapter 99 of 
the Harmonized Tariff Schedule of the United States), amending Proclamation 9704 of 
8 March 2018, as amended by Proclamation 9710 of 22 Mar ch 2018 and Proclamation 
9739 of 30 April  20188; 
- Requirements for Submissions Requesting Exclusions From the Remedies Instituted in 
Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting 
Imports of Aluminium Into the United States; and the Filing of Objections to Submitted 
Exclusion Requests for Steel and Aluminium (U.S. Department of Commerce)9; 
- 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, U.S. Department 
of Commerce, Bureau of Industry and Security, Offi ce of Technology Evaluation, 
11 January  201810; 
                                                
1 Federal Register Vol. 83, No.  51, 11625 -11630, March 15, 2018.  
2 Federal Register Vol. 83, No.  51, 11619 -11624, March 15, 2018.  
3 Federal Register Vol. 83, No.  60, 13361 -13365, March 28, 2018.  
4 Federal Register Vol. 83, No.  60, 13355 -13359, March 28, 2018.  
5 Federal Register Vol. 83, No.  88, 20683 -20705, May 7, 2018.  
6 Federal Register Vol. 83, No.  88, 20677 -20682, May 7, 2018.  
7 Federal Register Vol. 83, No. 108, 25857 -25877, June 5, 2018.  
8 Federal Register Vol. 83, No. 108, 25849 -25855, June 5, 2018.  
9 Federal Register Vol. 83, No. 53, 12106 -12112, March 19, 2018.  
10 http://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national
_security_ -_with_redactions_ -_20180111.pdf . G/L/1249  
 
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  - 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. Depa rtment 
of Commerce, Bureau of Industry and Security, Office of Technology Evaluation, 
17 January 201811; 
- Section 232 of the Trad e Expansion Act of 1962, as amended (Title 19 United States Code 
§1862);  
- Code of Federal Regulations, Title 15, Section 705, Effect of Imported Articles on the 
National Security.  
For each of these measures referred to above, this request also covers any fu rther amendments, 
supplements, replacements, extensions, implementing measures, renewal measures or other 
related measures, including any adjustments of tariffs, tariff quotas or quotas.  
The measures at issue, separately or together, appear to be inconsist ent with the obligations of 
the United States under the covered agreements, 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 r ules 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 t he 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 WTO Members, including the Russian Federation, treatment no 
less favourable than that provided for in the approp riate part of the United States' 
Schedule of Concessions and Commitments annexed to the GATT 1994. They do not 
exempt the products at issue imported from most other Members, including the 
Russian  Federation, from ordinary customs duties and all other dutie s or charges of any 
kind imposed on or in connection with importation in excess of those provided for in the 
United States' Schedule of Concessions and Commitments annexed to the GATT  1994;  
- Article X:3(a) of the GATT 1994, because the United States has fai led 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 United States has introduced 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 tariff 
concessions without the products at issue being imported i nto 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 directly 
competitive products, as a result of unforeseen developme nts 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 advance as may be practicable and has failed to afford the 
WTO and WT O 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 prod ucts 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 increased quantities, absolute or relative to domestic 
                                                
11 https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_n
ational_security_ -_with_redactions_ -_20180117.p df. 
 
 G/L/1249  
 
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  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 properly conducting an investigation and 
publishing a report that sets forth their 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 there 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 failed to demonstrate the existence of a causal link between i ncreased 
imports  and serious  injury  or the threat  thereof,  including  by not attributing  injury  caused 
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 without making provision for progressive liberalisation at regular  intervals;  
- Article 8.1 of the Agreement on Safeguards, because the United States has not 
endeavoured to maintain a substantially equivalent level of concessions and other 
obligations to that existing under GATT 1994 between them and the exporting members;  
- 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 appl ied in 
accordance with the Agreement on  Safeguards;  
- Article 11.1(b) of the Agreement on Safeguards, because the United States through the 
application of the measures at issue, seeks any voluntary export restraints, orderly 
marketing arrangements or any oth er similar measures on the export side or the import 
side; 
- 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.  
These measures of the United States described abov e nullify or impair the benefits accruing to the 
Russian Federation directly or indirectly under the cited agreements.  
The Russian Federation reserves the right to address additional measures and claims under other 
provisions of the covered agreements rega rding the above matters in the course of the 
consultations and in any future request for panel proceedings.  
The Russian Federation looks forward to receiving the reply of the United States to this request for 
consultations in due course and to fixing a mut ually acceptable date for consultations.  
__________