G/SG/184  
 
23 April 2018 
(18-2537) Page: 1/1 
Committee on Safeguards  Original: English  
 
COMMUNICATION FROM T HE UNITED STATES  IN RESPONSE TO  
TURKEY 'S REQUEST CIRCULATED O N 20 APRIL 2018 * 
The following communication, dated 20 April 2018 , is being circulated at t he re quest of the 
Delegation of the United States . 
_______________  
The United States has received Turkey’s request for consultations under Article 12.3 of the 
Agreement on Safeguards  with respect to the Proclamations issued with respect to steel and 
aluminum on  8 March  2018.1 
 The United States notes that the premise for Turkey’s request for consultations under 
Article  12.3 of the Agreement on Safeguards  is that the Steel and Aluminum Proclamations are 
safeguard measures for purposes of that Agreement.  The President issued the Steel and Aluminum 
Proclamations pursuant to Section 232 of the Trade Expansion Act of 1962, under which the 
President determined that tariffs are necessary to adjust imports of steel and aluminum articles 
that threaten to impair t he national security of the United States.2 These actions are not safeguard 
measures, and therefore, there is no basis to conduct consultations under the Agreement on 
Safeguards  with respect to these measures.   
 The United States did not take action pursua nt Section 201 of the Trade Act of 1974, which 
is the law under which the United States imposes safeguard measures.3 It did not submit 
notifications with respect to these measures because they are not safeguard measures.  
As evidenced by our recent notifica tions with respect to solar products and washers,4 the United 
States is well aware of its notification obligations for safeguards measures under the Agreement on 
Safeguards . 
 Article 12.3 of the Agreement on Safeguards  states that a "Member proposing to ap ply or 
extend a safeguard measure shall provide adequate opportunity for prior consultations " with 
Members having a substantial interest in exports of the product concerned.  However, the United 
States is not proposing "to apply or extend a safeguard measur e" with respect to steel or 
aluminum, and therefore Article 12.3 does not apply.  Accordingly, Turkey’s request for 
consultations pursuant to Article 12.3 has no basis in the Agreement on Safeguards . 
Nonetheless, we are open to discuss this or any other iss ue with Turkey.  Any discussions regarding 
the Proclamations would not be under the Agreement on Safeguards  and would be without 
prejudice to our view that the Proclamations are not safeguard measures.  
__________  
                                                
* This document corresponds to Turkey 's notification G/SG/18 3. 
1 See Proclamation No. 9705 of 8 March  2018, 83 Fed. Reg. 11625 ( 15 March  2018) (Steel); and 
Proclamation No. 9704 of 8 March  2018, 83 Fed. Reg. 11619 ( 15 March 2018) (Aluminum).  
2 At the Committee on Trade in Goods meeting held on 23 March  2018, the United States provided 
information in relation to these proclamations, consistent with the Decision Concerning Article XXI of the 
General Agreement taken by the GATT Council on 30 November 1982.  See also  GATT Council, Decision 
Concerning Article XXI of the  General Agreement – Decision of 30 November 1982, L/5426 
(2 December  1982).  
3 See G/SG/N/1/USA/1 (6 April  1995) and G/SG/N/1/USA/1/Suppl.1 ( 20 July 2015).  
4 See e.g. G/SG/N/8/USA/9 (dated 4 October 2017), G/SG/N/8/USA/9/Suppl.3 (dated 8 January 20 18), 
and G/SG/N/8/USA/9/Suppl.4 –G/SG/N/10/USA/7 –G/SG/N/11/USA/6 (dated 26 January 2018); and 
G/SG/N/8/USA/10 (dated 13 October 2017), G/SG/N/8/USA/10/Suppl.2 (dated 11 December 2017), an d 
G/SG/N/8/USA/10/Suppl.3 –G/SG/N/10/USA/8 –G/SG/N/11/USA/7 (dated 26 January 20 18).