WT/DS550/1  
G/L/1245  
G/SG/D55/1  
 
6 June 2018  
(18-3468) Page: 1/4 
  Original: English  
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTA TIONS BY CANADA  
The following communication, dated 1 June 2018 , from the delegation of Canada  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 Government of the United 
States pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Gove rning 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  with respect to certain measures by 
the United States to adjust imports of steel and aluminium int o the United States, including 
imposing additional ad valorem rates of duty on imports of the certain steel and aluminum 
products and exempting certain selected WTO members from the measures.  
 
A. "As applied" measures  
On 8 March 2018, the United States impose d a 25 per  cent additional import duty on certain steel 
products and a 10 per  cent additional import duty on certain aluminum products from all countries 
exempting Canada, Mexico, Australia, Argentina, South Korea, Brazil and the European Union, 
which took  effect on 23 March 2018.  On 30 April 2018 a proclamation was issued by the President 
of the United States exempting imports from South Korea, Argentina, Australia and Brazil from the 
additional import duties. The United States also extended the exemption  from the additional 
import duties for Canada, Mexico and the European Union until 31 May 2018. The exemption 
expired on 31 May resulting in the imposition of the additional import duties on these Members 
including Canada.  The measures also indicated poss ible further adjustments to the measure, in 
the form of additional import duties or implementation of a quota.  
The measures at issue in this request include:  
1. Adjusting Imports of Steel Into the United States, including the Annex, To Modify 
Chapter  99 of t he Harmonized Tar -iff Schedule of the United States (Presidential 
Proclamation 9705, issued on March 8, 2018)1 
2. 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 March 8, 2018)2 
3. 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 9711, 
issued on  March 22, 2018)3 
 
                                                
1 83 FR 11625 -11630, March 15, 2018  
2 83 FR 11619 -11624, March 15, 2018  
3 83 FR 13361 -13365, March 28, 2018  WT/DS550/1 • G/L/1245 • G/SG/D55/1  
 
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  4. 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 9710, issued on March 22, 2018)4 
 
5. Requirements for Submissi ons Requesting Exclusions 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 
Exclusion Requests fo r Steel and Aluminum (U.S. Department of Commerce)5 
 
6. Section 232 of the Trade Expansion 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  
 
7. 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, January 11, 2018)6 
 
8. 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, January 17, 2018)7 
9. Section 705 Code of Federal Regulations, Effect of Imported Articles on the National 
Security ( 15 CFR 705)8 
 
10. 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 9740, 
issued on April 30, 2018)9 
 
11. Adjusting Imports of Aluminum int o the United States, including the Annex, To Modify 
Chapter 99 of the Harmonized Tariff Schedule of the United States (Presidential 
Proclamation 9739, issued on April 30, 2018)10 
 
12. Adjusting Imports of Steel into the United States, including any annexes (Pre sidential 
Proclamation, issued on May 31, 2018)11 
 
13. Adjusting Imports of Aluminum into the United States, including any annexes (Presidential 
Proclamation, issued on May 31, 2018)12 
and any amendments, successor, replacement or implementing measures and any e xemptions 
applied.  
The measures at issue, operating separately or together, appear to be inconsistent with the United 
States ' obligations under:  
 
1. 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 Canada subject to the measures at issue 
from ordinary customs  duties in excess of those set forth and provided in the United 
                                                
4 83 FR 13355 -13359, March 28, 2018  
5 83 FR 12106 -12112, March 19, 2018  
6 
https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national_securi t
y_-_with_redactions_ -_20180111.pdf  
7 
https://www.commerce.gov/sites/commerce.gov/files/the_effect _of_imports_of_aluminum_on_the_national_s
ecurity_ -_with_redactions_ -_20180117.pdf  
8 47 FR 14693  
9 83 FR 20683 -20705, May 7, 2018  
10 83 FR 20677 -20682, May 7, 2018  
11 https://www.whitehouse.gov/presidential -actions/presidential -proclamation -adjusting -imports -steel-
united -states -4/ 
12 https://www.whitehouse.gov/presidential -actions/presidential -proclamation -adjusting -imports -
aluminum -united -states -4/ WT/DS550/1 • G/L/1245 • G/SG/D55/1  
 
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  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 mand atorily required to be imposed thereafter by legislation in force in the 
United States on that date.  
2. Articles XIX:1 and XIX:2 of the GATT 1994 and Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 
11.1(a), 12.1, 12.2, 12.3, and 12.5 of the Agreement on Safegu ards because the 
measures at issue appear to constitute or amount to emergency actions or safeguard 
measures adopted and implemented in a manner inconsistent with the substantive and 
procedural obligations of the Agreement on Safeguards and the GATT 1994.  
3. Article 11.1(b) of the Agreement on Safeguards to the extent that the United States seeks 
any voluntary export restraints, orderly marketing arrangements, or any other similar 
measures on the export or the import side through the measures at issue.   
4. 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 exemptions to certain countries or applying alterna tive 
means, has failed to extend immediately and unconditionally to Canada any "advantage, 
favor, privilege or immunity" granted by the United States "[w]ith respect to customs 
duties and charges of any kind imposed on or in connection with" the importatio n 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".  
5. Article XI:1 of the GATT 1994, because the measures oper ate as a quantitative restriction 
on imports of steel and aluminum products into the United States by exempting certain 
Members from the additional import duties on the basis of alternative measures, such as 
quotas, that restrict the quantity of imports of  steel and aluminum products into the United 
States.  
6. Article X:3(a) of the GATT 1994 as 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.  
B. "As such" and ongoing conduct measures  
In addition, Section 232 of the Trade Expansion Act of 1962 and its associated regulations13 
appear to be "as such" inconsistent with Articles I:1 and II:1 of the GATT 1994 and does not 
appear to be justifiable  under Article XXI:(b) of the GATT 1994 because they require the United 
States to account for economic welfare and other factors that are not necessary for the protection 
of its essential security interests, in a manner that is inconsistent with Article XV I:4 of the WTO 
Agreement.  
In the alternative, the United States has applied Section 232 of the Trade Expansion Act of 1962 
and its associated regulations for reasons related to economic welfare and other factors that are 
not necessary for the protection o f its essential security interests. This measure is inconsistent 
with Articles I:1 and II:1 of the GATT 1994 and does not appear to be justifiable under 
Article  XXI:(b) of the GATT 1994. This measure is evidenced, inter alia , by the measures at issue 
identified in Section A above, and by prior Section 232 investigations done on the basis of 
economic considerations, including the recently initiated investigation on the effect of imports of 
automobiles, including SUVs, vans and light trucks, and automotive pa rts on the national security.  
This measure is attributable to the United States, consists of the content identified and described 
above and in Section A, and is presently occurring and likely to be continued in the future in a 
manner inconsistent with Art icles I:1 and II:1 of the GATT 1994 and not justifiable under 
Article  XXI:(b) of the GATT 1994. Alternatively, it constitutes ongoing conduct or a rule or norm of 
general and prospective application that are inconsistent with the United States' WTO obligat ions. 
********  
                                                
13 Including Se ction 705 Code of Federal Regulations, Effect of Imported Articles on the National 
Security (15 CFR 705) 47 FR 14693.  WT/DS550/1 • G/L/1245 • G/SG/D55/1  
 
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  The United States' measures described above nullify or impair benefits accruing to Canada directly 
or indirectly under the cited agreements.  
Canada reserves the right to address additional measures, factual and legal claims in the course of  
consultations and in any future request for panel proceedings.  
Canada looks forward to receiving the United States' reply to this request and to determining a 
mutually convenient date for consultations.  
 
 
__________