EUROPEAN UNION – ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES REQUEST FOR CONSULTATIONS BY THE UNITED STATES
Document: REQUEST FOR CONSULTATIONS BY
Date: 19 July 2018
Document codes: WT/DS559/1; G/L/1254
Complainant: U.S.
Respondent: EU
Third parties: Brazil, Canada, China, Egypt, Guatemala, India, Indonesia, Japan, Kazakhstan, Mexico, New Zealand, Norway, Russia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, Venezuela
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994

EUROPEAN UNION – ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM
THE UNITED STATES
REQUEST FOR CONSULTATIONS BY THE UNITED STATES
The following communication, dated 16 July 2018, from the delegation of the United States to the
delegation of the European Union, 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 European Union pursuant to
Article 4 of the Understanding on Rules and Procedur es Governing the Settlement of Disputes
("DSU") and Article XXIII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") with
respect to the European Union 's imposition of additional duties with respect to certain products
originating in the United States ("additional duties measure").

The additional duties measure does not impose the additional duties on like products originating in
the territory of any other WTO Member, and thus appears inconsistent with the most -favored-
nation obligation in Ar ticle I of the GATT 1994. The additional duties measure results in rates of
duty greater than rates of duty set out in the European Union 's schedule of concessions, and thus
appears inconsistent with Article II of the GATT 1994.

The legal instruments t hrough which the European Union imposes the additional duties measure
include the following, operating separately or collectively:

 Commission Implementing Regulation (EU) 2018/886 of 20 June 2018 on certain
commercial policy measures concerning certain products originating in the United States of
America and amending Implementing Regulation (EU) 2018/724, Official Journal of the
European Union, June 21, 2018;

 Commission Implementing Regulation (EU) 2018/724 of 16 May 2018 on certain
commercial policy measures concerning certain products 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:

 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 European Union 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; and

 Article II:1(a) and (b) of the GATT 1994 because it accords less favorable treatment to
products originating in the United States than that provided for in the European Union's
schedule of concessions.
The additional duties measure appears to nullify or impair the benefits accruing to the United
States directly or indirectly under the GATT 1994.
WT/DS559/1 • G/L/1254

We look forward to receiving your reply to the present request and to fixing a mutually convenient
date to hold consultations.