WT/DS556/1  
G/L/1251  
G/SG/D59/1  
 
12 July 2018  
(18-4371) Page: 1/4 
  Original: English  
 
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS  
REQUEST FOR CONSULTA TIONS BY SWITZERLAND  
The following communication, dated 9 July 2018 , from the delegation of Switzerland  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 Understandi ng 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 certain measures  
imposed  by the United States  to adjust imports of steel and aluminium into 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.  These 
measures adve rsely affect exports of such products from Switzerland to the United States.  
A. Claims with respect to measures relating to steel and aluminium  
On 8 March 2018, t he United States imposed an additional import duty of 25% on certain steel 
products and an add itional import duty of 10% on certain aluminium products from all countries 
except, Mexico, Australia, Argentina, Brazil , Canada , the European Union  and Korea , taking effect 
on 23 March 2018. On 30 April 2018, the President of the United States issued presidential 
proclamations exempting imports from Argentina , Australia, Brazil, and Korea from the additional 
duties on certain steel products, and exempting imports from Argentina, Australia and Brazil from 
the additional duties on certain aluminium produ cts. The United States also extended the 
exemption from the additional import duties for Canada, the Eur opean Union and Mexico until 
31 May 2018. As of 1 June 2018, the additional duties on certain steel products apply to all 
countries of origin, except Ar gentina, Australia, Brazil and Korea, and the additional duties on 
certain aluminium products apply to all countries of origin except Argentina and Australia. Quotas 
have been introduced concerning steel imports from Argentina, Brazil and Korea, and alumin ium 
imports from Argentina.  
The measures at issue are the import adjustments on certain steel products and certain aluminium 
products. They consist of and are evidenced by the following documents considered alone and in 
any combination:  
1. Presidential Procla mation 9705 of 8 March 2018 on Adjusting Imports of Steel Into the 
United States, including the Annex, To Modify C hapter 99 of the Harmonized Tar iff 
Schedule of the United States1 
2. Presidential Proclamation 9704 of 8 March 2018 on Adjusting Imports of Alumi num Into 
the United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff 
Schedule of the United States2 
                                                
1 Federal Register Volume 83, Issue 51 (March 15, 2018), pp. 11625 -11630.  
2 Federal Register Volume 83, Issue 51 (March 15, 2018), pp. 11619 -11624.  WT/DS556/1 • G/L/1251 • G/SG/D59/1  
 
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  3. Presidential Proclamation 9711 of 22 March 2018 on Adjusting Imports of Steel into the 
United States, including the Annex, To Modi fy Chapter 99 of the Harmonized Tariff 
Schedule of the United States3 
4. Presidential Proclamation 9710 of 22 March 2018 on Adjusting Imports of Aluminum into 
the United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff 
Schedule of th e United States4 
5. Presidential Proclamation 9740 of 30 April 2018 on Adjusting Imports of Steel into the 
United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff 
Schedule of the United States5 
6. Presidential Proclamation 9739 of 30 Ap ril 2018 on Adjusting Imports of Aluminum into the 
United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff 
Schedule of the United States6 
7. Presidential Proclamation 9759 of 31 May 2018 on Adjusting Imports of Steel into the 
United States, including the Annex7 
8. Presidential Proclamation 9758 of 31 May 2018 on Adjusting Imports of Aluminum into the 
United States, including the Annex8 
9. The Effect of Imports of Steel On the National Security, An Investigation Conducted Under 
Section 232 o f the Trade Expansion Act of 1962, as Amended (U.S. Department of 
Commerce, January 11, 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 (U.S. Dep artment of 
Commerce, January 17, 2018)10 
This request also covers any additional measures amending, superseding, supplementing, 
updating, extending, replacing or implementing the measures referred to above as well as any 
exemption or exclusion applied.  
The measures at issue appear to be inconsistent with the United States ' obligations under several 
provisions of the GATT 1994 and the Agreement on Safeguards, in particular, but not necessarily 
exclusively:  
 Article I:1 of the GATT 1994, because , by applying se lectively the additional import duties 
on certain steel and aluminium products originating in different Members, including by 
providing exemptions or applying alternative means  to certain countries,  the United States  
fails, with respect to customs duties a nd charges of any kind imposed on or in connection 
with importation and with respect to all rules and formalities in connection with 
importation,  to accord immediately and unconditionally any advantage, favour, privilege or 
immunity granted to products ori ginating in other countries to like products originating in 
Switzerland;  
 Article II:1(a) and (b) of the GATT 1994, because , through the measures at issue,  the 
United States  fails to  accord to the commerce of most other WTO Members, including 
Switzerland, treatment no less favourable than that provided  for in the appropriate part of 
the United States' Schedule of Concessions , and fail s to exempt products of most 
                                                
3 Federal Register Volume 83, Issue 60 (March 28, 2018), pp. 13361 -13365.  
4 Federal Register Volume 83, Issue 60 (March 28, 2018), pp. 13355 -13359.  
5 Federal Register Volume 83, Issu e 88 (May 7, 2018), pp. 20683 -20705.  
6 Federal Register Volume 83, Issue 88 (May 7, 2018), pp. 20677 -20682.  
7 Federal Register Volume 83, Issue 108 (June 5, 2018), pp. 25857 -25877.  
8 Federal Register Volume 83, Issue 108 (June 5, 2018), pp. 25849 -25855.  
9https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national
_secu rity_-_with_redactions_ -_20180111.pdf   
10https://www.commerce.gov/sites/commerce.gov/files/the_effe ct_of_imports_of_aluminum_on_the_na
tional_security_ -_with_redactions_ -_20180117.pdf   WT/DS556/1 • G/L/1251 • G/SG/D59/1  
 
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  WTO Members including S witzerland  from ordinary customs duties  in excess of those set 
forth and provided in the United States ' Schedule of Concessions and from all other duties 
or charges in excess of those imposed on the date of the GATT 1994 or those directly and 
mandatorily r equired to be imposed thereafter by legislation in force in the United States 
on that date;  
 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 ; 
 Article XI:1 of the GATT 1994, because, through the measures at issue, 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;  
 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 obligation s 
incurred under the GATT 1994;  
 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 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 directly competitive prod ucts; 
 Article 2.2 of the Agreement on Safeguards, because the United States does not apply the 
safeguard measures to imported product s irrespective of their source;  
 Article 3.1 of the Agreement on Safeguards, because the United States applies safeguard 
measures t o the products in question without first properly conducting an investigation and 
publishing a report that sets forth findings and reasoned conclusions on all pe rtinent issues 
of fact and law;  
 Article 4.1 of the Agreement on Safeguards, because the United States has not properly 
determined that there is serious injury, or threat thereof, to a domestic industry as 
provided for in that provision ; 
 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; has failed to ensure that the injury caused 
by factors other t han increased imports was not  attributed to increased imports; and has 
failed to publish a detailed analysis and demonstration of its conclusions;  
 Article 5.1 of the Agreement on Safeguards, because the United States is applying 
safeguard measures beyond t he extent necessary to prevent or remedy serious injury  and 
to facilitate adjustment;  
 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 nece ssary to 
prevent or remedy serious injury and to facilitate adjustment, without limitation to four 
years, and without making provision for progressive liberalisation at regular intervals;  
 Article 11.1(a) of the Agreement on Safeguards, because the United S tates has taken 
emergency action on imports of particular products as set f orth in Article XIX of the 
GATT  1994, without such action conforming with the provisions of Article XIX applied in 
accordance wit h the Agreement on Safeguards;  WT/DS556/1 • G/L/1251 • G/SG/D59/1  
 
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   Articles 12.1, 12.2 a nd 12.3 of the Agreement on Safeguard s and Article XIX:2 of the 
GATT  1994, because the United States has failed to comply with any of the notification and 
consultation obligatio ns set out in these provisions.  
B. Claims with respect to measures to protect U S domestic industry from import 
competition  
In addition, Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. §1862), as 
interpreted by the United States ' authorities , including in the context of the above  and other 
measures11, appears to be inconsistent with the provisions set forth in the covered agreements, in 
particular those set out in Section A above, in a manner that is also inconsistent with Article XVI:4 
of the WTO Agreement.  
Section 232, as interpreted by the United States ' author ities, provides for the imposition of 
measures (such as additional import duties or quotas) that restrict imports from other 
WTO Members to shield the domestic production in the United States from the competition with 
foreign products on the grounds of an alleged threat to the national security in a  manner 
inconsistent with  the disciplines set out in the GATT 1994 and the Agreement on Safeguards.  
In the alternative, Switzerland argues that the ongoing use of Section 232 by the United States ' 
authorities so as to afford protection to the domestic production by restricting imports from other 
WTO Members on the grounds of the alleged threat to national security is inconsistent with the 
United States ' obligations under the covered agreements, in particular t hose listed in Section A 
above.  
The above -mentioned measures appear to nullify or impair the benefits accruing to Switzerland 
directly or indirectl y under the covered agreements.  
In addition to, and independently of, the multiple violations of the WTO obligati ons identified 
above, Switzerland considers that, as a result of the application of the measures at issue, the 
benefits accruing to Switzerland under the GATT 1994 are being nullified and impaired and that 
the attainment of the objectives of the GATT 1994 is being impede d within the meaning of 
Article  XXIII:1(b) of the GATT 1994.  
Switzerland reserves the right to raise additional factual claims and legal issues under other 
provisions of the covered agreements regarding the above matters during the course of  the 
consultations and in any future request for the establishment o f a panel in these proceedings.  
Switzerland looks forward to receiving a reply from the United States  to this request  and to setting 
a mutually convenient date for consultations.  
 
__________  
                                                
11 Including Section 705 Code of Federal Regulations, Effect of Imported Articles on the National 
Security (15 CFR 705) 47 FR 14693.