G/SG/168  
 
5 April 2018 
(18-2100) Page: 1/2 
Committee on Safeguards  Original: English  
 
COMMUNICATION FROM T HE UNITED STATES* 
The following communication, dated 4 April 2018 , is being circulated at t he re quest of the 
Delegation of the United States . 
_______________  
The United States has received China 's requests 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 Chi na's requests 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 the national security of the United States.2 These actions are not safe guard 
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 pursuant 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 notifications with respect to solar products and washers,4 the United States i s 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 apply or extend a 
safeguard measure shall provide adequate opportunity f or 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 measure " with respect to steel or aluminum, and 
therefore Article 12.3 does not apply.  Accordingly, China 's requests for consultations pursuant to 
Article 12.3 have no basis in the Agreement on Safeguards . 
 
The United States has taken note of China 's notification of 29 March 2018, in which China stated 
its intent to suspend conces sions and other obligations, purportedly under Article 8.2 of the 
Agreement on Safeguards.  We note further that China put these m easures into effect on 
2 April 2018.  Because the actions under the Steel and Aluminum Proclamations are not safeguard 
measures,  the United States considers that Article 8.2 of the Agreement on Safeguards does not 
                                                
* This document corresponds to China's  notifications G/SG/161 (alumin um) and G/SG/162 (steel).  
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 Novemb er 1982.  See also  GATT Council, Decision 
Concerning Article XXI of the General Agreement – Decision of 30 No vember 1982, L/5426 
(2 December  1982).  
3 See G/SG/N/1/USA/1 ( 6 Apr. 1995) and G/SG/N/1/USA/1/Suppl.1 ( 20 July 2015).  
4 See e.g. G/SG/N/8/USA/9 (date d 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 201 7), and 
G/SG/N/ 8/USA/10/Suppl.3 –G/SG/N/10/USA/8 –G/SG/N/11/USA/7 (dated 26 January 2018).  G/SG/168  
 
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  justify China 's suspension of concessions or other obligations.  China has asserted no other 
justification for its measures, and the United States is aware of none.  Therefore, it appears that 
China 's actions have no basis under WTO rules.  
 
Should China still have questions related to U.S. actions under Section 232 of the Trade Expansion 
Act of 1962, we nevertheless stand ready to fix a mutually convenient date with Ch ina to engage 
in bilateral discussions.  Such discussions would not be held pursuant to the Agreement on 
Safeguards  and would be without prejudice to our view that the Proclamations are not safeguard 
measures.  
 
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