WT/DS559/2  
 
19 October 2018  
(18-6595) Page: 1/2 
  Original: English  
 
 
EUROPEAN UNION  – ADDITIONAL DUTIES  ON CERTAIN PRODUCTS  FROM  
THE UNITED STATES  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY THE UNITED STATE S 
The following communication, dated 18 October 2018 , from the delegation of the United States  to 
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On July 16, 2018, the United States requested consultations with the European Union ( "EU") 
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes  ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade 1994 ("GATT 
1994"), with respect to the EU 's imposition of additional duties on certain products originating in the 
United States ( "additional duties measure ").1  The United States held consultations with the EU on 
August 28, 2018.  Unfortunately, these consultations did not resolve the dispute.  
The additional duties measure applies only to products originating in the United States.  The 
additional duties measure does not apply to like products originating in the territory of any other 
WTO Member, and thus appears inconsistent with the most -favored nation obligation in Article I of 
the GATT 1994.  Moreover, the additional duties measure results in rates of duty greater than the 
rates of duty set out in the EU 's schedule of concessions, and thus appears inconsistent with Article  II 
of the GATT 1994.  
The legal instruments through which t he EU imposes the additional duties measure include the 
following, operating separately or collectively:  
1. Commission Implementing Regulation (EU) 2018/886 of 20 June 2018 on certain 
commercial policy measures concerning certain products originating in the U nited 
States of America and amending Implementing Regulation (EU) 2018/724 , Official 
Journal of the European Union, June 21, 2018;   
2. Commission Implementing Regulation (EU) 2018/724 of 16 May 2018 on certain 
commercial policy measures concerning certain pr oducts originating in the United 
States of America , Official Journal of the European Union, May 17, 2018;  
as well as any amendments, replacements, related measures or implementing measures.   
The additional duties measure appears to be inconsistent with th e EU's obligations under:  
• Article I:1 of the GATT 1994 because it fails to extend to products of the United States an 
advantage, favor, privilege or immunity granted by the EU with respect to customs duties 
and charges of any kind imposed on or in connecti on with the importation of products 
originating in the territory of other Members;  
• Article II:1(a) of the GATT 1994 because it accords less favorable treatment to products 
originating in the United States than that provided for in the EU 's schedule; and  
                                                
1 WT/DS559/1.  WT/DS559/2  
 
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  • Article II:1(b) of the GATT 1994 because it imposes duties or charges in excess of those 
set forth in the EU 's schedule.     
The additional duties measure appears to nullify or impair the benefits accruing to the United States 
directly or indirectly under t he GATT 1994.  
Accordingly, the United States respectfully requests pursuant to Article 6 of the DSU that the Dispute 
Settlement Body establish a panel to examine this matter, with the standard terms of reference as 
set out in Article 7.1 of the DSU.  
 
 
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