WT/DS552/10  
 
19 October 2018  
(18-6666) Page: 1/5 
  Original: English  
 
UNITED STATES – CERTA IN MEASURES ON STEEL  AND ALUMINIUM PRODU CTS 
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY NORWAY  
The following communication, dated 18 October 2018 , from the delegation of Norway  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
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My authorities have instructed me to request the establishment of a panel with respect to certain 
measures imposed by the United States  to adjust imports of steel and aluminium into the United 
States, including through imposing additional ad valorem  rates of duty on imports of certain steel 
and aluminium products and exempting certain WTO Members from the measures.  
On 12 June 2018, Norwa y requested consultations with the Government of the United States 
pursuant to Articles 1 and 4 of the Understanding 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. Consultations were held on 19 July 2018, with a 
view to reaching a mutually satisfactory solution. Unfortunately, these consultations failed to resolve 
the dispute.  
Therefore, Norway submits this reque st pursuant to Articles 4.7 and 6 of the DSU, Article XXIII:2 of 
the GATT 1994, and Article 14 of the Agreement on Safeguards, and asks that the DSB establish a 
panel with standard terms of reference as set out in Article 7.1 of the DSU.  
In the paragraphs to follow, Norway identifies the measures at issue and provides a brief summary 
of the legal basis for its claims against those measures.  
A. Background  
Section 232 of the Trade Expansion Act of 1962 ( "Section 232 ")1 authorises the US Secretary of 
Commerce ( "Commerce Secretary ") to undertake an investigation to determine the effects of 
imports of a particular article of commerce on US national security.  At the conclusion of the 
investigation, the Commerce Secretary i s required to submit a report to the President, who is then 
authorised to negotiate agreements to limit imports or restrict imports, or to "take such actions as 
the President deems necessary to adjust the imports of such article so that such imports will n ot 
threaten or impair the national security ".2 
In April 2017, the Commerce Secretary initiated investigations into the effect of imported steel and 
aluminium on US national security, pursuant to Section 232.  On 11 January and 17 January 2018, 
the Departme nt of Commerce released two reports: (1) "The Effects of Imports of Steel on the 
National Security " recommending, among other measures, a 24 percent tariff on all steel imports;3 
                                                
1 Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862).  
2 Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C . 1862).  
3 DOC Report, "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 ", 11 January 2018, available at: 
https://www.commerce.gov/news/press -releases/2018/02/secretary -ross-releases -steel-and-aluminum -232-
reports -coordination .  WT/DS552/10  
 
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  and (2) "The Effects of Imports of Aluminum on the National Security ", recomm ending, among other 
measures, a 7.7 percent tariff on imports of aluminium.4   
On 8 March 2018, the President of the United States issued Presidential Proclamations 9704 and 
9705, under the authority conferred in Section 232.5 These instruments took action  pursuant to the 
Commerce Secretary’s recommendations by imposing additional import duties of 25 per cent and 10 
per cent, respectively, on certain imported steel products and aluminium products from all countries, 
with a temporary exemption for imports fr om Canada and Mexico.  
Subsequent to the adoption of Presidential Proclamations 9704 and 9705, the President of the United 
States issued additional Proclamations. In sum, these instruments increased the duty on steel 
imports from Turkey to 50 percent;6 removed the exemptions granted to Canada and Mexico;7 and 
granted various additional temporary and indefinite exemptions to certain other WTO Members.   
As of the date of this request, indefinite exemptions to the steel and aluminium tariffs at issue have 
been granted to Argentina, Australia, Brazil and South Korea, in exchange for "agree[ment] " with 
these countries "on a range of measures ".8 This "range of measures " includes, for Argentina, Brazil 
and South Korea, voluntary quantitative restrictions on exports  of steel and aluminium products.9  
Norway did not receive an exemption from either the steel tariffs or the aluminium tariffs.  Since 23 
March 2018, when the tariffs came into effect, they have restricted Norwegian imports of steel and 
aluminium products into the United States.  
Presidential Proclamations 9705 and 9704 provide for a product exclusion process.  Both 
Proclamations authorise the Commerce Secretary to provide relief from the additional duties for any 
steel article, or any aluminium article, de termined not to be produced in the United States in a 
sufficient and reasonably available amount or in a satisfactory quality, or based upon specific national 
security considerations.10  Presidential Proclamations 9776 and 9777 subsequently extended the 
product exclusions to steel and aluminium products imported from countries subject to quantitative 
limitations, in certain defined circumstances, including national security considerations.11  
B. Measures at issue  
The measures at issue include, but are not lim ited to:  
1.  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 8 March 2018);12 
2.  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 9705 , issued on 8 March 2018);13 
                                                
4 DOC Report, "The Effects of Imports of Aluminum on the National Security: An Investigation 
Conducted Under Section 232 of the Trade Expansion Act of 1962, As Amended ", 17 January 2018, available 
at: https://www.commerce.gov/news/press -releases/2018/02/secretary -ross-releases -steel-and-aluminum -
232-reports -coordination .  
5 Proclamation No. 9704, 83 Fed. Reg. 11,619 (pub lished on 15 March 2018); Proclamation No. 9705, 
83 Fed. Reg. 11,625 (published on 15 March 2018).  
6 Proclamation No. 9772, 83 Fed. Reg. 40,429 (published on 15 August 2018).  
7 Proclamation No. 9758, 83 Fed. Reg. 25,849 ( published on 5 June 2018); Proclama tion No. 9759, 83 
Fed. Reg. 25,857 (published on 5 June 2018).  
8 Proclamation No. 9740, 83 Fed. Reg. 20,683 (published on 7 May 2018); Proclamation No. 9758, 83 Fed. Reg. 
25,849 (published on 5 June 2018); Proclamation No. 9759, 83 Fed. Reg. 25,857 (publis hed on 5 June, 2018).  
9 Proclamation No. 9740, 83 Fed. Reg. 20,683 (published on 7 May 2018); Proclamation No. 9758, 83 
Fed. Reg. 25,849 (published on 5 June 2018); Proclamation No. 9759, 83 Fed. Reg. 25,857 (published on 5 
June 2018).  
10 Proclamation No. 9 704, 83 Fed. Reg. 11,619 (published on 15 March 2018); Proclamation No. 9705, 
83 Fed. Reg. 11,625 (published on 15 March 2018).  
11 Proclamation No. 9776, 83 Fed. Reg. 45,019 (published on 4 September 2018); Proclamation No. 
9777, 83 Fed. Reg. 45,025 (publis hed on 4 September 2018).  
12 Proclamation No. 9704, 83 Fed. Reg. 11,619 (published on 15 March 2018).  
13 Proclamation No. 9705, 83 Fed. Reg. 11,625 (published on 15 March 2018).  WT/DS552/10  
 
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  3.  Adjusting Imports of Aluminum into the United States, including the Anne x, To Modify 
Chapter 99 of the Harmonized Tariff Schedule of the United States ( Presidential 
Proclamation 9710 , issued on 22 March 2018);14 
4.  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 22 March 2018);15 
5.  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 9739 , issued on 30 April 2018);16 
6.  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 30 Ap ril 2018);17 
7.  Adjusting Imports of Aluminum into the United States, including any annexes 
(Presidential Proclamation 9758 , issued on 31 May 2018);18 
8.  Adjusting Imports of Steel into the United States, including any annexes ( Presidential 
Proclamation 97 59, issued on 31 May 2018);19 
9.  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 9772 , issued on 10 August 2018);20 
10.  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 9776 , issued on 29 August 2018);21 
11.  Adjusting Imports of Steel into the United State s, including the Annex, To Modify 
Chapter 99 of the Harmonized Tariff Schedule of the United States ( Presidential 
Proclamation 9777 , issued on 29 August 2018);22 
12.  Interim Final Rule regarding the Requirements for Submissions Requesting Exclusions 
From t he 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 for Steel and Aluminum, 
published on 19 March 2018;23 
14.  Interim Final Rule regarding Submissions of Exclusion Requests and Objections to 
Submitted Requests for Steel and Aluminum, published on 11 September 2018;24 
15. The Effect of Imports of Steel on the National Security, An Investigati on Conducted 
Under Section 232 of the Trade Expansion Act of 1962, as Amended (19 U.S.C. 1862), 
US Department of Commerce, Bureau of industry and Security, Office of Technology 
Evaluation, 11 January 2018;25 and 
                                                
14 Proclamation No. 9710, 83 Fed. Reg. 13,355 (published on 28 March 2018).  
15 Proclamation No. 9711, 83 Fed. Reg. 13,361 (published on 28 March 2018).  
16 Proclamation No. 9739, 83 Fed. Reg. 20,677 (published on 7 May 2018).  
17 Proclamation No. 9740, 83 Fed. Reg. 20,683 (published on 7 May 2018).  
18 Proclamation No. 9758, 83 Fed. Reg. 2 5,849 (published on 5 June 2018).  
19 Proclamation No. 9759, 83 Fed. Reg. 25,857 (published on 5 June 2018).  
20 Proclamation No. 9772, 83 Fed. Reg. 40,429 (published on 15 August 2018).  
21 Proclamation No. 9776, 83 Fed. Reg. 45,019 (published on 4 September 20 18). 
22 Proclamation No. 9777, 83 Fed. Reg. 45,025 (published on 4 September 2018).  
23 Department of Commerce, Interim final rule, 83. Fed. Reg. 12,106 (published on 19 March 2018).  
24 Department of Commerce, Interim final rule, 83. Fed. Reg. 46,026 (publishe d on 
11 September  2018).  
25 Available at: https://www.commerce.gov/news/press -releases/2018/02/secretary -ross-releases -
steel-and-aluminum -232-reports -coordination .  WT/DS552/10  
 
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  16. The Effect of Imports of Aluminum on the National Security, An Investigation Conducted 
Under Section 232 of the Trade Expansion Act of 1972, as amended, US Department of 
Commerce, Bureau of Industry and Security, Office of Technology Evaluation, 17 
January 201826   
and any amendments, successor, r eplacement or implementing measures and any exemptions 
applied.  
C. Legal basis for the complaint  
The US measures listed in the previous section of this request are inconsistent with the United States’ 
obligations under the following provisions of the GATT  1994 and the Agreement on Safeguards:  
a) 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 other 
provisions of the Agreement on Safeguards , that such products are being imported into its 
territory in such increased 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 d irectly competitive products;  
b) 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;  
c) Article 5.1 of the Agreement on Safeguards, because the United Stat es is applying safeguard 
measures beyond the extent necessary to prevent or remedy serious injury and to facilitate 
adjustment;  
d) Article 11.1(b) of the Agreement on Safeguards to the extent that the United States seeks 
or has sought any voluntary export res traints, orderly marketing arrangements, or any other 
similar measures on the export or the import side;  
e) Articles 12.1 and 12.2 of the Agreement on Safeguards, because the United States has failed 
to comply with any of the notification and consultation obl igations set out in these provisions;  
f) 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;  
g) Article II:1(a) and (b) of the GATT 1994, because the United States has imposed import 
duties on certain steel and aluminium 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 Norway subject to the measures at issue from ordinary 
customs duties in excess of those set forth and provided in the United States' Schedule of 
Concessions and Commitments annexed to the GATT 1994 and from all other dutie s or 
charges in excess of those imposed on the date of the GATT 1994 or those directly and 
mandatorily required to be imposed thereafter by legislation in force in the United States on 
that date.;  
h) 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;  
                                                
26 Available at: https://www.commerce.gov/news/press -releases/2018/02/secre tary-ross-releases -
steel-and-aluminum -232-reports -coordination  
 WT/DS552/10  
 
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  i) Article XI:1 of the GATT 1994, because the United States has instituted restrictions other 
than dutie s, taxes or other charges, made effective through quotas, on the importation of 
products of the territory of other Members;  
j) Article XIX:1(a) of the GATT 1994, because the United States has suspended tariff 
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 thre aten 
serious injury to domestic producers in the United States of like or directly competitive 
products, as a result of unforeseen developments and of the effect of the obligations 
incurred under the GATT 1994; and  
k) Article XIX:2 of the GATT 1994, because t he 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 WTO Members having a substantial interest as exporters of the products 
concerned an opportunity to consult with it  in respect of the proposed action.  
Norway asks that this request for the establishment of a panel be placed on the agenda for the next 
meeting of the Dispute Settlement Body, which is scheduled for 29 October, and that the Dispute 
Settlement Body establish a panel with standard terms of ref erence as set out in Article 7.1 of the 
DSU.  
 
 
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