WT/DS547/8  
 
9 November 2018  
(18-7120) Page: 1/5 
  Original: English  
 
UNITED STATES – CERT AIN MEASURES ON STEE L AND ALUMINIUM PROD UCTS  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY INDIA  
The following communication, dated 8 November 2018 , from the delegation of India to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On 18 May 2018 India requested consultations with the United States of America (United States), 
pursuant to Articles 1 and 4 of the  Understanding on Rules and Procedures Governing the Settlement 
of Disputes  (the "DSU"), Article XXII:1 of the  General Agreement on Tariffs and Trade 1994  (the 
"GATT 1994 ") and Article 14 of the  Agreement on Safeguards  (the "AoS") with respect to certain 
measures by the United States to adjust imports of steel and aluminium into the United States, 
including but not limited to, imposing additional  ad valorem  rate of duty on imports of certain steel 
and aluminium products and exempting certain selected WTO Mem bers from the measures.  
Consultations were held on 20 July 2018. Unfortunately, the consultations were unsuccessful in 
resolving the dispute. Therefore, India requests that pursuant to Articles 4.7 and 6 of the DSU, 
Article  XXIII:2 of GATT 1994 and Articl e 14 of the Agreement on Safeguards, the Dispute Settlement 
Body ("DSB") establish a Panel to examine this matter, with the standard terms of reference, as set 
forth in Article 7.1 of the DSU.  
A. Measures at Issue  
The measures at issue relate to institution of additional import duties of 25% ad valorem and 10% 
ad valorem  on certain steel products and aluminium products respectively by the United States as 
briefly mentioned hereinbelow:  
On Steel products :  
On 23 Marc h 2018, the United States instituted additional duties of 25% ad valorem on imports of 
certain steel products imported from countries other than Canada, Mexico, Australia, Argentina, 
Korea, Brazil and the EU and defined at the United States Harmonized Tari ff Schedule (HTS) 6 -digit 
level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, 
and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications.  
On 1 May 2018, based on an agreement, the United States instituted quotas limiting the quantities 
of imported steel articles by weight per calendar year starting from 2018 for Korea.  
On 1 June 2018, additional duties of 25% ad valorem were instituted on import of the above -
mentioned steel product s from Canada, Mexico and the EU (only Australia, Argentina, Brazil and 
Korea remaining exempt).  
On 1 June 2018, also based on an agreement, the United States instituted quotas limiting the 
quantities of imported steel articles by weight per calendar year  starting from 2018 for Argentina 
and Brazil.  WT/DS547/8  
 
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  On Aluminium products : 
On 23 March 2018, the United States instituted additional import duties of 10 per cent ad valorem 
on aluminium articles imported from countries other than Canada, Mexico, Australia. Argentina, 
Korea, Brazil and the EU and defined in the United States Harmonized Tariff Schedule (HTS) as: (a) 
unwrought aluminium (HTS 7601); (b) aluminium bars, rods, and profiles (HTS 7604); (c) aluminium 
wire (HTS 7605); (d) aluminium plate, sheet, stri p, and foil (flat rolled products) (HTS 7606 and 
7607); (e) aluminium tubes and pipes and tube and pipe fitting (HTS 7608 and 7609); and (f) 
aluminium castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent 
revisions to these HTS classifications.  
On 1 May 2018, the United States instituted additional import duties of 10 per cent ad valorem also 
on these aluminium articles imported from Korea (Argentina, Australia, Brazil, Canada, Mexico and 
the EU remaining exempt).  
On 1 June  2018, the United States instituted additional import duties of 10 percent ad valorem also 
on these aluminium articles imported from Brazil, Canada, Mexico and the EU (Australia and 
Argentina remaining exempt).  
On 1 June 2018, based on an agreement, the U nited States instituted quotas limiting the quantities 
of imported aluminium articles by weight per calendar year starting from 2018 for Argentina.  
Accordingly, the measures at issue include but are not limited to the following:  
a) Adjusting Imports of Alumin ium 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)1; 
b) 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)2; 
c) Adjusting Imports of Aluminium into the United States  (Presidential Proclamation 9710,  issued 
on 22 March 2018)3; 
d) Adjusti ng Imports of Steel into the United States  (Presidential Proclamation 9711, issued on 
22 March 2018)4; 
e) Adjusting Imports of Aluminium into the United States  (Presidential Proclamation 9739, issued 
on 30 April 2018)5; 
f) Adjusting Imports of Steel into the Uni ted States  (Presidential Proclamation 9740, issued on 
30 April 2018)6; 
g) Adjusting Imports of Aluminium into the United States  (Presidential Proclamation 9758, issued 
on 31 May 2018)7; 
h) Adjusting Imports of Steel into the United States  (Presidential Proclamat ion 9759, issued on 
31 May 2018)8; 
i) Adjusting Imports of Steel into the United States (Presidential Proclamation 9772, issued on 
10 August 2018)9; 
j) Adjusting Imports of Steel into the United States (Presidential Proclamation 9776, issued on 
29 August 2018)10; 
                                                
1 83 FR 11619 -11624, March 15, 2018 . 
2 83 FR 11625 -11630, March 15, 2018 .  
3  83 FR 13355 -13359, March 28, 2018 . 
4 83 FR 13361 -13365, March 28, 2018 . 
5  83 FR 20677 -20682, May 7, 2018.   
6  83 FR 20683 -20705, May 7, 2018 . 
7  83 FR, 25849 -25855, June 5, 2018.   
8  83 FR 25857 -25877, June 5, 2018.   
9  83 FR 40429 -40432, August 15, 2018 . 
10 83 FR 45019 -45023, September 4, 2018 . WT/DS547/8  
 
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  k) Adjusting Imports of Steel into the United States (Presidential Proclamation 9777, issued on 
29 August 2018)11; 
l) Requirements for Submissions Requesting Exclusions from the Remedies Instituted in 
Presidential Proclamations Adjusting Imports of Steel into th e United States and Adjusting 
Imports of Aluminium into the United States; and the Filing of Objections to Submitted 
Exclusion Requests for Steel and Aluminium  (U.S. Department of Commerce)12; 
m) Interim final rule regarding submissions of exclusion requests a nd objections to submitted 
requests for Steel and Aluminium issued by Bureau of Industry and Security issued on 11 
September 201813; 
n) Section 232 Tariffs on Aluminium and Steel, Additional Duty on Imports of Steel and Aluminium 
Articles under Section 232 of the Trade Expansion Act of 1962  (U.S. Customs and Border 
Protection)14; 
o) 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;  
p) 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, 
11 January 2018)15; 
q) The Effect of Imports of Aluminium on the National Security,  An Investigation Conducted Under 
Section 232 of the Trade Expansion Act of 1962, As Amended  (U.S. Department of Commerce, 
17 January 2018)16. 
The request  also covers all the amendments, supplements, successor, replacement , extensions or 
implementing measures and any exemptions applied.  
B.  Legal Basis of the Complaint  
The measures  at issue, operating independently and/or together, appear to be inconsistent with the 
United States' obligations under the following provisions  of the GATT 1994 and the Agreement on 
Safeguards:  
1. Articles 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 quantit ies 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.  
2. 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 Members having 
a substantial interest as exporters of the products concerned an  opportunity to consult with it 
in respect of the proposed action.  
3. Article 2.1 of the AoS, because the United States applies safeguard measures to the products 
in question without first having determined, pursuant to the subsequent provisions of the AoS, 
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 dire ctly competitive products.  
                                                
11 83 FR 45025 -45030, September  4, 2018 . 
12  83 FR 12106 -12112, March 19, 2018 . 
13  83 FR 46026 -46065, September 11, 2018 . 
14  https://www.cbp.gov/trade/programs -adminis tration/entry -summary/232 -tariffs -aluminum -and-
steel  
15 
https://www.commerce.gov/sites/commerce.gov/fi les/the_effect_of_imports_of_steel_on_the_national_securit
y_-_with_redactions_ -_2018111.pdf   
16 
https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the _national_s
ecurity_ -_with_redactions_ -_20180117.pdf  WT/DS547/8  
 
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  4. Article 2.2 of the AoS, because the United States does not apply the safeguard measures to 
imported products irrespective of their sources.   
5. Article 3.1 of the AoS , because the United States applies the measures in question without 
conducting an investigation in accordance with the provisions of Article 3.1 and without 
publishing a report setting for its findings and reasoned conclusions reached on all pertinent 
issues of facts and law.  
6. Article 4.1 of the AoS, because the United States has not properly determined serious injury 
or threat of serious injury to a domestic industry in the United States.  
7. Article 4.2 of the AoS, because the United States has failed to pro perly 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 threat thereof, 
including by not attributing injury cau sed by factors other than increased imports; and has 
failed to publish a detailed analysis and demonstration of its conclusions.  
8. Article 5.1 of the AoS, because the United States is applying safeguard measures beyond the 
extent necessary to prevent or reme dy serious injury and to facilitate adjustment.  
9. Article 7 of the AoS, because the United States is applying safeguard measures without making 
provision for their application only for the period necessary to prevent or remedy serious injury 
and to facilita te adjustment, without limitation to four years, and without making provision for 
progressive liberalization at regular intervals.  
10. Article 9.1 of the AoS, because the United States is applying safeguard measures against 
products originating in developing c ountry members whose share of imports of the products 
concerned in the United States does not exceed 3 per cent, without developing country 
Members with less than 3 per cent import share collectively accounting for more than 9 per 
cent of total imports of the products concerned.  
11. Article 11.1(a) of the AoS, because the United States has taken emergency action 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 app lied in accordance with the AoS.  
12. Article 11.1(b) of the AoS  and Article XI:1 of GATT 1994 because the United States has sought, 
taken or maintained voluntary export restraints, orderly marketing arrangements or any other 
similar measures on the export or import side.  
13. Articles 12.1, 12.2 and 12.3 of the AoS, becau se the United States has failed to comply with 
any of the notification and consultation obligations set out in the said provisions.  
14. Article I:1 of the GATT 1994, because with respect to customs duties and charges of any kind 
imposed on or in connection wit h importation, and with respect to all rules and formalities in 
connection with importation, the United States fails to accord any advantage, favour, privilege 
or immunities granted by the United States to products originating in the territories of certain  
other countries, immediately and unconditionally to the like product originating in the 
territories of all other Members.  
15. Article II:1(a) and (b) of the GATT 1994, because the United States does not accord to the 
commerce of most other Members, including  India, treatment no less favourable than that 
provided for in the appropriate part of the United States' Schedule. The United States has not 
exempted the products at issue imported from most other Members, including India, from 
ordinary customs duties and  all other duties or charges of any kind imposed on or in connection 
with importation in excess of those provided for in the United States Schedule and the GATT 
1994.  
16. Article XI:1 of the GATT 1994, because the United States has instituted restrictions oth er than 
duties, taxes or other charges, made effective through quotas, on the importation of steel and 
aluminium products from other Members. The United States instituted quotas limiting the 
quantities of imported steel articles by weight per calendar year  starting from 2018 for Korea, 
Argentina and Brazil. The United States instituted quotas limiting the quantities of imported 
aluminium articles by weight per calendar year starting from 2018 for Argentina.  
17. Article X:3(a) of the GATT 1994, because the Unit ed 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.  WT/DS547/8  
 
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  The measures in question appear to nullify or impair the benefits accruing to India directly  or 
indirectly under the covered agreements.  
 
India hereby requests that this request for the establishment of a Panel be placed on the agenda of 
the DSB meeting to be held on 21 November 2018 and that the DSB establish a panel with standard 
terms of refe rence as set out in Article 7.1 of the DSU.  
 
 
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