WT/DS552/1  
G/L/1247  
G/SG/D57/1  
 
19 June 2018  
(18-3801) Page: 1/4 
  Original: English  
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTATIONS BY NORWAY  
The following communication, dated 12 June 2018, from the delegation of Norway  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 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, with respect to certa in measures 
imposed by the United States to adjust imports of steel and aluminum into the United States, 
including through imposing additional ad valorem  rates of duty on imports of certain steel and 
aluminium products and exempting certain selected WTO Me mbers from the measures.  
 
A. Claims regarding U S measures at issue relating to steel and aluminium  
 
The United States imposed 25 per  cent and 10 per  cent of additional import duty on certain steel 
products and aluminium products respectively from all countri es except Canada, Mexico, Australia,  
Argentina, Korea, Brazil and the European Union, which took effect from 23 March 2018. These 
measures have restricted Norwegian exports of such steel and aluminium products to the United 
States from 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 on 
certain steel products. Furthermore, a Presidential Proclamation was issue d on 30 April exempting 
imports of certain aluminium products from Argentina, Australia and Brazil from the additional 
import duties, while such duties were introduced on imports of certain aluminium products from 
Korea.  The United States also extended th e exemptions from the additional import duties for 
Canada, Mexico and the European Union until 31 May 2018.  The exemptions expired on 31 May 
resulting in the imposition of the additional import duties on these Members.  On 1 June 2018, the 
United States t hrough these measures introduced additional import duties of 10 per cent ad 
valorem also on aluminium articles imported from Brazil.  For Korea, the United States introduced 
on 1 May 2018 quotas limiting the quantities of imported steel articles by weight per calendar year 
starting from 2018.  On 1 June 2018, the United States introduced quotas limiting the quantities of 
imported steel articles by weight per calendar year starting from 2018 also for Argentina and 
Brazil.  For Argentina, the United States on  1 June 2018 introduced quotas limiting the quantities 
of imported aluminium articles by weight per calendar year starting from 2018.  
 
The measures at issue in this part of the request include, but are not limited to:  
 
1. Adjusting Imports of Steel Into the U nited 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)1 
 
                                                
1 83 FR 11625 -11630, March 15, 2018 . WT/DS552/1 • G/L/1247 • G/SG/D57/1  
 
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  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 8 March 2018)2 
 
3. Adjusting Imports of Steel into the United States, including the Annex, To Modify Chapter 
99 of the Harmonized Tariff Schedule of th e United States (Presidential Proclamation 9711, 
issued on 22 March 2018)3 
 
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 22 March 2018)4 
 
5. 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 April 2018)5 
 
6. Adjusting Impor ts 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)6 
 
7. Adjusting Imports of Aluminum into the United States, includ ing any annexes (Presidential 
Proclamation 9758, issued on 31 May 2018)7 
 
8. Adjusting Imports of Steel into the United States, including any annexes (Presidential 
Proclamation 9759, issued on 31 May 2018)8 
 
9. The Effect of Imports of Steel On the National Secu rity, An Investigation Conducted Under 
Section 232 of the Trade Expansion Act of 1962, As Amended ( US Department of 
Commerce, 11 January 2018)9 
 
10. 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 ( US Department of 
Commerce, 17 January 2018)10 
 
and any amendments, successor, replacement or implementing measures and any exemptions 
applied.  
 
Norway considers that these United States ' measures appear to be incons istent with the United 
States ' obligations under several provisions of the GATT 1994 and the Agreement on Safeguards, 
in particular, but not necessarily exclusively, of:  
 
a) 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 othe r countries 
immediately and unconditionally to the like product originating in the territories of all other 
Members;  
 
b) 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 ex cess of the duties set forth and 
                                                
2 83 FR 11619 -11624, March 15, 2018 . 
3 83 FR 13361 -13365, March 28, 2018 . 
4 83 FR 13355 -13359, March 28, 2018 . 
5 83 FR 20683 -20705, May 7, 2018 . 
6 83 FR 20677 -20682, May 7, 2018 . 
7 83 FR 25849 -25855, June 5, 2018 . 
8 83 FR 25857 -25877, June 5 2018 . 
9 
https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_ste el_on_the_national_securit
y_-_with_redactions_ -_20180111.pdf . 
10 
https://www.commerce.gov/sites/com merce.gov/files/the_effect_of_imports_of_aluminum_on_the_national_s
ecurity_ -_with_redactions_ -_20180117.pdf . WT/DS552/1 • G/L/1247 • G/SG/D57/1  
 
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  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 s et forth and provided in the United 
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 mandatorily required to be impos ed thereafter by legislation in force in the 
United States on that date.;  
 
c) 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;  
 
d) Article XI:1 of the GATT 1994, because the United States has instituted restrictions other 
than duties, taxes or other charges, made effective through quotas, on the importation of 
products of the territory of other Members ; 
 
e) 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 threaten 
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;  
 
f) 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 WTO Members having a substantial interest as exporters of the products 
concerned an opportunity to consult with i t in respect of the proposed action;  
 
g) 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 the 
subsequent provisions of the Agreement on Sa feguards, 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 l ike or directly competitive products;  
 
h) 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;  
 
i) Article 3.1 of the Agreement on Safeguards, because the U nited States applies safeguard 
measures to the products in question without first properly conducting an investigation and 
publishing a report that sets forth findings and reasoned conclusions on all pertinent issues 
of fact and law;  
 
j) Article 4.1 of the Ag reement on Safeguards, because the United States has not properly 
determined that there is serious injury, or threat thereof, to a domestic industry;  
 
k) 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 increased  
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;  
 
l) 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;  
 
m) 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 ser ious injury and to facilitate adjustment, without limitation to four 
years, and without making provision for progressive liberalisation at regular intervals;  
 WT/DS552/1 • G/L/1247 • G/SG/D57/1  
 
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  n) Article 11.1(a) of the Agreement on Safeguards, because the United States has taken 
emergency ac tion 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 applied in 
accordance with the Agreement on Safeguards;  
 
o) Article 11.1(b) of the Agreement on Safeguards to the extent that the United States seeks 
or has sought any voluntary export restraints, orderly marketing arrangements, or any 
other similar measures on the export or the import side through the measures at issue.   
 
p) Articles 12.1, 12.2 and 12.3 of the A greement on Safeguards, because the United States 
has failed to comply with any of the notification and consultation obligations set out in 
these provisions; and  
 
q) 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.  
 
B. Claims regarding US  measures at issue to protect US  industry from import 
competition  
 
Norway also considers that Section 232 of the Trade Expansion Act of 1962, as amended 
(19 U.S.C. §1862), as repeatedly interpreted by the United States' administrative and judicial 
authorities in the above and other measures,11 is inconsistent with the United States' obligations 
and rights set out in the WTO  Agreement.  Section 232, so interpreted, provides for the United 
States' Secretary of Commerce and President to determine, ostensibly because of an alleged 
threat to the national security interests of the United States, that a US domestic industry (or par t 
thereof) producing identified products (e.g., automotive vehicles, automotive parts, steel or 
aluminum) is to be protected from import competition, to ensure the industry 's continuing 
economic viability in the United States, through the imposition of add itional import duties, quotas, 
or similar restrictions, applied to products from some or all sources, because those products are 
imported in quantities and/or at  prices that cause or threaten to cause economic injury to the 
domestic industry, in particula r its US commercial production facilities.  Section 232, so 
interpreted, is inconsistent with the obligations set out in the covered agreements, particularly 
those set out in the previous section above, and fails to ensure the conformity of United States 
laws, reg ulations and administrative procedures with the United States' obligations under the WTO 
Agreement in a manner that is also inconsistent with Article XVI:4 of the WTO Agreement.   
 
In the alternative, Norway considers that a measure that is not merely an i ndividual instance of 
application, and that is attributable to the United States, with the content described in the previous 
paragraph, has been taken, continues on an ongoing basis, and is likely to apply in the future.  
This measure is inconsistent with the obligations in the covered agreements set out above.    
 
The United States ' measures described in both sections above nullify or impair benefits accruing to 
Norway directly or indirectly under the cited agreements.  
 
The Government of Norway reserves i ts right to raise further factual claims and legal issues during 
the course of consultations and in any future request for panel proceedings.  
 
The Government of Norway also reserves all its rights regarding the pursuit of rights and remedies 
provided for u nder the WTO Agreements.  
 
We look forward to receiving your reply to this request and to fixing a mutually acceptable date for 
consultations. We suggest that these consultations, if practicable, be conducted jointly with 
consultations requested by other WT O Members having requested consultations regarding the 
same measures imposed by the United States under Article 4 of the DSU.  
 
 
__________  
                                                
11 Including Section 705 Code of Federal Regulations, Effect of Imported Articles on the National 
Security (15 CFR 705) 47 FR 14693 .