G/SG/178  
 
19 April 2018 
(18-2435) Page: 1/1 
Committee on Safeguards  Original: English  
 
COMMUNICATION FROM T HE UNITED STATES  IN RESPONSE TO THE  
EUROPEAN UNION'S REQ UESTS CIRCULATED ON 16 APRIL 2018* 
The following communication, dated 18 April 2018 , is being circulated at t he re quest of the 
Delegation of the United States . 
_______________  
The United States has received the European Union 's request for consultations under Article 12.3 
of the Agreement on Safeguards  with respect to the Proclamations issued with respect to stee l and 
aluminum on 8 March 2018.1   
 
The United States notes that the premise for the European Union 's request for consultations under 
Article 12.3 of the Agreement on Safeguards  is that the Steel and Aluminum  Proclamations are 
safeguard measures for purposes of that Agreement.  The President issued the Steel and Aluminum 
Proclamations pursuant to Section 232 of the Trade Expansion Act of 1962, under which the 
President determined that tariffs are necessary to a djust imports of steel and aluminum articles 
that threaten to impair the national security of the United States.2 These actions are not safeguard 
measures, and therefore, there is no basis to conduct consultations under the Agreement on 
Safeguards  with res pect to these measures.   
 
The United States did not take action pursuant Section 201 of the Trade Act of 1974, which is the 
law under which the United States imposes safeguard measures.3 It did not submit notifications 
with respect to these measures becaus e they are not safeguard measures.  As evidenced by our 
recent notifications with respect to solar products and washers,4 the United States is well aware of 
its notification obligations for safeguards measures under the Agreement on Safeguards . 
 
Article 12. 3 of the Agreement on Safeguards  states that a "Member proposing to apply or extend a 
safeguard measure shall provide adequate opportunity for prior consultations " with Members 
having a substantial interest in exports of the product concerned.  However, the  United States is 
not proposing "to apply or extend a safeguard measure " with respect to steel or aluminum, and 
therefore Article 12.3 does not apply.  Accordingly, the European Union 's request for consultations 
pursuant to Article 12.3 has no basis in the Agreement on Safeguards . 
 
Nonetheless, we are open to discuss this or any other issue with the European Union.  Any 
discussions regarding the Proclamations would not be under the Agreement on Safeguards  and 
would be without prejudice to our view that the Pr oclamations are not safeguard measures.  
 
__________  
                                                
* This document corresponds t o the notification from the European Union contained in G/SG/173 . 
1 See Proclamation No. 9705 of 8 March 2018, 83 Fed. Reg. 11625 ( 15 March 2018) (Steel); and 
Proclamation No. 9704 of 8 March 2018, 83 Fed. Reg. 11619 ( 15 March 2018) (Aluminum).  
2 At the Committee on Trade in Goods meeting held on 23 March 2018, the United States provided 
information in relation to these proclamations, consistent with the Decision Concerning Article XXI of the 
General Agreement taken by the GATT Council on 30 November 1982.  See also  GATT Council, Decision 
Concerning Article XXI of the General Agreement – Decision of 30 No vember 1982, L/5426 
(2 December  1982).  
3 See G/SG/N/1/USA/1 ( 6 Apr. 1995) and G/SG/N/1/USA/1/ Suppl.1 ( 20 July 2015).  
4 See e.g. G/SG/N/8/USA/9 (dated 4 October 2017), G/SG/N/8/USA/9/Suppl.3 (dated 8 January 20 18), 
and G/SG/N/8/USA/9/Suppl.4 –G/SG/N/10/USA/7 –G/SG/N/11/USA/6 (dated 26 January 2018); and 
G/SG/N/8/USA/10 (dated 13 October 2017), G/SG/N /8/USA/10/Suppl.2 (dated 11 December 201 7), and 
G/SG/N/8/USA/10/Suppl.3 –G/SG/N/10/USA/8 –G/SG/N/11/USA/7 (dated 26 January 2018).