WT/DS561/2  
 
21 December 2018  
(18-8093) Page: 1/2 
  Original: English  
 
 
TURKEY  – ADDITIONAL DUTIES  ON CERTAIN PRODUCTS  FROM THE UNITED STA TES 
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY THE UNITED STATE S 
The following communication, dated 20 December 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 Turkey pursuant to Article 4 of the 
Understanding on Rules and Procedu res Governing the Settlement of Disputes  ("DSU") and 
Article  XXIII of the General Agreement on Tariffs and Trade 1994  ("GATT 1994 ") with respect to 
Turkey 's imposition of additional duties with respect to certain products originating in the United 
States ( "additional duties measure ").1  The United States held consultations with Turkey on 
29 August  2018.   Following the request for consultations referenced above, Turkey amended the 
additional duties measure to increase the rates of duty  for 21 out of the 22 tariff lines affected by 
the additional duties measure ( "amended additional duties measure ").  On  18 October  2018, the 
United States requested supplemental consultations with Turkey regarding the amended additional 
duties measure.2  The United States held supplemental consultations with Turkey on 
14 November  2018.  Unfortunately, consultations have not resolved the dispute.  
Turkey does not impose the amended additional duties measure on like products originating in the 
territory of any  other WTO Member.  Turkey also appears to b e applying rates of duty to US  imports 
greater than the rates of duty set out in Turkey 's schedule of concessions.  
 
 The legal instruments through which Turkey imposes the amended additional duties measure 
include the following:  
 
• Decision on Implementation of Additional Financial Obligations for the Import of Certain 
Products Originating in the United States of America , Council of Ministers Decision No. 
11973/2018, Official Gazette No. 30459, June 25, 2018;  
 
• Decision to Amend the Decision to Impose Additional Financial Liabilities on the Import of 
Some Products Originating From the United States of America , Presidential Decree No. 21, 
Official Gazette No. 30510, August 15, 2018;  
as well as any amendments, replacem ents, related measures or implementing measures.  
 
The amended additional duties measure appears to be inconsistent with:  
 
• Article I:1 of the GATT 1994, because Turkey fails to extend to products of the United 
States an advantage, favor, privilege, or immun ity granted by Turkey with respect to 
customs duties and charges of any kind imposed on or in connection with the importation 
of products originating in the territory of other Members;  
                                                
1 WT/DS561/1.  
2 WT/DS561/1/Add.1.  This request supplemented and did not replace the US  request for consultations 
with Turkey dated July 16, 2018.  For clarity, references in this panel request to the “amended additional 
duties measure” include the additional dutie s measure identified in the US  consultation request of 
16 July 2018.  WT/DS561/2  
 
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• Article II:1(a) of the GATT 1994, because Turkey accords less favorab le treatment to 
products originating in the United States than that provided for in Turkey 's schedule of 
concessions; and  
 
• Article II:1(b) of the GATT 1994 because Turkey imposes duties or charges in excess of 
those set forth in Turkey 's schedule.     
The amended additional duties measure appears to nullify or impair the benefits accruing to the 
United States directly or indirectly under the 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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