UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS COMMUNICATION FROM TÜRKİYE
Document: report of the panel
Date: 24 February 2023
Document codes: WT/DS564/22
Complainant: Turkey
Respondent: U.S.
Third parties: Bahrain, Brazil, Canada, China, Colombia, Egypt, EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, New Zealand, Norway, Malaysia, Mexico, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Ukraine, UAE, Venezuela
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), X:3(a), XI:1, XIII:1, XIX:1  GATT 1994Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 9.1, 11.1(a), 11.1(b), 12.1, 12.2, 12.3  SafeguardsArt. XIX:2  GATT 1994

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
COMMUNICATION FROM TÜRKİYE
The following communication, dated 20 February 2023, was received from the delegation of Türkiye
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 26 January 2023, the United States notified the Dispute Settlement Body (DSB) of its decision
to appeal the report of the panel in the dispute "United State s Certain Measures on Steel and
Aluminium Products (WT/DS564)". The United States did so by filing a "Notification of Appeal" within
the meaning of Article 16 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU). This "Notification of Appeal" has been circulated as document
Although the Appellate Body remains non -operational, the DSU and the Appellate Body's Working
Procedures for Appellate Review (Working Procedures) referred to in Article 17.9 of the DSU remain
in force and govern any appeal within the meaning of the DSU. Pursuant to Rule 20(1) of the
Working Procedures, an appeal shall be initiated by filing a Notice of Appeal that must satisfy the
criteria in Rule 20(2), including a "brief statement of the nature of the appeal", which in turn includes
"an indicative list of the paragraphs of the panel report containing the alleged errors".
The United States' "Notification of Appeal" of 26 January 2023 does not satisfy these requirements,
because it does n ot contain any reference to the paragraphs of the panel report that contain the
alleged errors.
In addition, under Rule 21(1) of the Working Procedures, the United States was required to file,
simultaneously with the Notice of Appeal, an appellant's submis sion that satisfies the substantive
criteria set out in Rule 21(2). The United States has not filed an appellant's submission.
As a result, in Türkiye's view, the United States' appeal was not filed in a legally valid manner. When
the Appellate Body resumes its functions, Türkiye reserves its right to raise the procedural flaws of
the United States' appeal and to request the Appellate Body to dispose of the United States' appeal
accordingly.
Leaving aside the procedural flaws in the United States' appeal, Türkiye considers that all subsequent
procedural deadlines set out in the Working Procedures are properly to be considered as suspended.
When the Appellate Body resumes its functions – and if it were to take the view that the United
States' appeal was validly filed despite the above -mentioned inconsistencies with the Working
Procedures – the Appellate Body should set the schedule for this appeal. In that event, Türkiye
intends to file its appellee's submission in this appeal within the deadline set out in that schedule.
Türkiye also intends to participate and make oral statements at the hearing to be convened by the
Appellate Body.
Türkiye disagrees with the United States' statements concerning the alleged errors in the Panel's
Report, as mentioned in the United States' "Notification of Appeal".
Türkiye is providing a copy of this communication directly to the United States and the third parties
to this dispute.