UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
Document: REQUEST FOR CONSULTATIONS BY
Date: 2 July 2018
Document codes: WT/DS554/1; G/SG/D58/1
Complainant: Russia
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, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, UAE, Venezuela
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1, XIX:2  GATT 1994Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 11.1(a), 11.1(b), 12.1, 12.2, 12.3  Safeguards

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
The following communication, dated 29 June 2018, from the delegation of the Russian Federation
to the delegation of the United States, 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 United States of America
(United States) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes , Article XXII:1 of the General Agreement on Tariffs and
Trade 1994 (GATT 1994) and Article 14 of the Agreement on Safeguards, concerning the measures
that the United States introduced to adjust imports of steel and aluminium into the United States,
including imposing additional ad valorem import duties on certain steel and aluminium products
and exempting certain WTO members from these measures. These measures adversely affect
exports of these products from the Russian Federation to the United States.
On 23 March 2018, the United States introduced additional ad valorem import duties of
25 per cent on steel and steel products imported from all countries except Canada, Mexico,
Australia, Argentina, Korea, Brazil and the European Union and defined at the US Harmonized
Tariff Schedule (HTS) 6 -digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10,
7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any su bsequent
revisions to these HTS classifications.
On 1 June 2018, the United States introduced additional ad valorem import duties of 25 per cent
also on these steel and steel products imported from Canada, Mexico and the European Union.
Thus, Australia, Argentina, Brazil and Korea remain exempt from these duties. On 1 May 2018, the
United States introduced quotas for Korea limiting the quantities of imported steel and steel
products by weight per calendar year starting from 2018. On 1 June 2018, the United States
introduced quotas also for Argentina and Brazil limiting the quantities of imported steel and steel
products by weight per calendar year starting from 2018.
On 23 March 2018, the United States introduced additional ad valorem import duties of
10 per cent on aluminium products imported from all countries except Canada, Mexico, Australia,
Argentina, Korea, Brazil and the European Union and defined in the US Harmonized Tariff Schedule
(HTS) as: (a) unwrought aluminium (HTS 7601); (b) aluminiu m bars, rods, and profiles
(HTS 7604); (c) aluminium wire (HTS 7605); (d) aluminium plate, sheet, strip, and foil (flat rolled
products) (HTS 7606 and 7607); (e) aluminium tubes and pipes and tube and pipe fitting
(HTS 7608 and 7609); and (f) aluminium castings and forging s (HTS 7616.99.51.60 and
7616.99.51.70), including any subsequent revisions to these HTS.
On 1 May 2018, the United States introduced additional ad valorem import duties of 10 per cent
also on these aluminium products imported from Korea. Thus, Argent ina, Australia, Brazil,
Canada, Mexico and the European Union remained exempt from these duties . On 1 June 2018,
the United States introduced additional ad valorem import duties of 10 per cent also on these
aluminium products imported from Brazil, Canada, Mexico and the European Union. Thus, Australia
and Argentina remain exempt from these duties. On 1 June 2018, the United States introduced
WT/DS554/1 • G/SG/D58/1

quotas for Argentina limiting the quantities of imported aluminium products by weight per calendar
year starting from 2018.
The measures at issue include, but are not limited to:
- Presidential Proclamation 9705 of 8 March 2018, Adjusting Imports of Steel into the United
States (including the Annex), To Modify Chapter 99 of the Harmonized Tariff Schedule of
the United States1;
- Presidential Proclamation 9704 of 8 March 2018, Adjusting Imports of Aluminum into the
United States (including the Annex), To Modify Chapter 99 of the Harmonized Tariff
Schedule of the United States2;
- Presidential Proclamation 9711 of 22 March 2018, A djusting Imports of Steel into the
United States (including the Annex), amending Proclamation 9705 of 8 March 20183;
- Presidential Proclamation 9710 of 22 March 2018, Adjusting Imports of Aluminum into the
United States (including the Annex), amending Proclamation 9704 of 8 March 20184;
- Presidential Proclamation 9740 of 30 April 2018, Adjusting Imports of Steel into the United
States (including the Annex, To Modify Certain Provisions of Chapter 99 of the Harmonized
Tariff Schedule of the United States), amen ding Proclamation 9705 of 8 March 2018, as
amended by Proclamation 9711 of 22 March 20185;
- Presidential Proclamation 9739 of 30 April 2018, Adjusti ng Imports of Aluminum into
the United States (including the Annex, To Modify Certain Provisions of Chap ter 9 9 of
the Harmonized Tariff Schedule of the United States), amending Proclamation 9704 of
8 March 2018, as amended by Proclamation 9710 of 22 March 20186;
- Presidential Proclamation 9759 of 31 May 2018, Adjusting Imports of Steel into the United
States (including the Annex), amending Proclamation 9705 of 8 March 2018, as amended
by Proclamation 9711 of 22 March 2018 and Proclamation 9740 of 30 April 20187;
- Presidential Proclamation 9758 of 31 May 2018, Adjusting Imports of Aluminum into the
United States (inc luding the Annex, To Modify Certain Provisions of Chapter 99 of
the Harmonized Tariff Schedule of the United States), amending Proclamation 9704 of
8 March 2018, as amended by Proclamation 9710 of 22 March 2018 and Proclamation
9739 of 30 April 20188;
- Requirements for Submissions Requesting Exclusions From the Remedies Instituted in
Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting
Imports of Aluminium Into the United States; and the Filing of Objections to Submi tted
Exclusion Requests for Steel and Aluminium (U.S. Department of Commerce)9;
- The Effect of Imports of Steel On the National Security, An Investigation Conducted
Under Section 232 of the Trade Expansion Act of 1962, as Amended, U.S. Department
of Commerce, Bureau of Industry and Security, Offi ce of Technology Evaluation,
11 January 201810;

1 Federal Register Vol. 83, No. 51, 11625-11630, March 15, 2018.
2 Federal Register Vol. 83, No. 51, 11619-11624, March 15, 2018.
3 Federal Register Vol. 83, No. 60, 13361-13365, March 28, 2018.
4 Federal Register Vol. 83, No. 60, 13355-13359, March 28, 2018.
5 Federal Register Vol. 83, No. 88, 20683-20705, May 7, 2018.
6 Federal Register Vol. 83, No. 88, 20677-20682, May 7, 2018.
7 Federal Register Vol. 83, No. 108, 25857-25877, June 5, 2018.
8 Federal Register Vol. 83, No. 108, 25849-25855, June 5, 2018.
9 Federal Register Vol. 83, No. 53, 12106-12112, March 19, 2018.
10 http://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national
_security_-_with_redactions_-_20180111.pdf.
WT/DS554/1 • G/SG/D58/1

- The Effect of Imports of Aluminum On the National Security, An Investigation Conducted
Under Section 232 of the Trade Expansion Act of 1962, as Amended, U.S. Depa rtment
of Commerce, Bureau of Industry and Security, Office of Technology Evaluation,
17 January 201811;
- Section 232 of the Trade Expansion Act of 1962, as amended (Title 19 United States Code
§1862);
- Code of Federal Regulations, Title 15, Section 705, Effe ct of Imported Articles on the
National Security.
For each of these measures referred to above, this request also covers any further amendments,
supplements, replacements, extensions, implementing measures, renewal measures or other
related measures, including any adjustments of tariffs, tariff quotas or quotas.
The measures at issue, separately or together, appear to be inconsistent with the obligations of
the United States under the covered agreements, in particular:
- Article I:1 of the GATT 1994, because, with respect to customs duties and charges of any
kind imposed on or in connection with importation, and with respect to all rules and
formalities in connection with importation, the United States fails to accord any advantage,
favour, privilege or immuni ty granted by the United States to certain other countries
immediately and unconditionally to the like product originating in the territories of all other
Members;
- Article II:1(a) and (b) of the GATT 1994, because the measures do not accord to the
commerce of most other WTO Members, including the Russian Federation, treatment no
less favourable than that provided for in the appropriate part of the United States'
Schedule of Concessions and Commitments annexed to the GATT 1994. They do not
exempt the product s at issue imported from most other Members, including the
Russian Federation, from ordinary customs duties and all other duties or charges of any
kind imposed on or in connection with importation in excess of those provided for in the
United States' Schedule of Concessions and Commitments annexed to the GATT 1994;
- Article X:3(a) of the GATT 1994, because the United States has failed to administer its
laws, regulations, decisions and rulings in relation to the measures at issue in a uniform,
impartial and reasonable manner;
- Article XI:1 of the GATT 1994, because the United States has introduced restrictions other
than duties, taxes or other charges, made effective through quotas, on the importation of
products of the territory of other Members;
- Article XIX:1(a) of the GATT 1994, because the United States has suspended tariff
concessions without the products at issue being imported i nto the territory of the
United States in such increased quantities and under such conditions as to cause or to
threaten ser ious injury to domestic producers in the United States of like or directly
competitive products, as a result of unforeseen developments and of the effect of the
obligations incurred under the GATT 1994;
- Article XIX:2 of the GATT 1994, because the United St ates has failed to give notice in
writing to the WTO as far in advance as may be practicable and has failed to afford the
WTO and WTO Members having a substantial interest as exporters of the products
concerned an opportunity to consult with it in respect of the proposed action;
- Article 2.1 of the Agreement on Safeguards, because the United States applies safeguard
measures to the products in question without first having determined, pursuant to the
subsequent provisions of the Agreement on Safeguards, that such products are being
imported into its territory in such increased quantities, absolute or relative to domestic

11 https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_n
ational_security_-_with_redactions_-_20180117.pdf.
WT/DS554/1 • G/SG/D58/1

production, and under such conditions as to cause or threaten to cause serious injury to
the domestic industry that produces like or directly competitive products;
- Article 2.2 of the Agreement on Safeguards, because the United States does not apply the
safeguard measures to imported products irrespective of their source;
- Article 3.1 of the Agreement on Safeguards, because the United States app lies safeguard
measures to the products in question without first properly conducting an investigation and
publishing a report that sets forth their findings and reasoned conclusions on all pertinent
issues of fact and law;
- Article 4.1 of the Agreement on Safeguards, because the United States has not properly
determined that there is serious injury, or threat thereof, to a domestic industry;
- Article 4.2 of the Agreement on Safeguards, because the United States has failed to
properly evaluate all relevant fa ctors having a bearing on the situation of the domestic
industry; has failed to demonstrate the existence of a causal link between increased
imports and serious injury or the threat thereof, including by not attributing injury caused
by factors other than increased imports; and has failed to publish a detailed analysis and
demonstration of its conclusions;
- Article 5.1 of the Agreement on Safeguards, because the United States is applying
safeguard measures beyond the extent necessary to prevent or remedy ser ious injury and
to facilitate adjustment;
- Article 7 of the Agreement on Safeguards, because the United States is applying safeguard
measures without making provision for their application only for the period necessary to
prevent or remedy serious injury an d to facilitate adjustment, without limitation to four
years, and without making provision for progressive liberalisation at regular intervals;
- Article 8.1 of the Agreement on Safeguards, because the United States has not
endeavoured to maintain a substant ially equivalent level of concessions and other
obligations to that existing under GATT 1994 between them and the exporting members;
- Article 11.1(a) of the Agreement on Safeguards, because the United States has taken
emergency action on imports of particul ar products as set forth in Article XIX of the
GATT 1994, without such action conforming with the provisions of that Article applied in
accordance with the Agreement on Safeguards;
- Article 11.1(b) of the Agreement on Safeguards, because the United State s through the
application of the measures at issue, seeks any voluntary export restraints, orderly
marketing arrangements or any other similar measures on the export side or the import
side;
- Articles 12.1, 12.2 and 12.3 of the Agreement on Safeguards, beca use the United States
has failed to comply with any of the notification and consultation obligations set out in
these provisions; and
- Articles I:1, II:1(a) and (b), X:3(a) and XI:1 of the GATT 1994, as a consequence of each
of the above inconsistencies wit h the provisions of Article XIX of the GATT 1994 and the
Agreement on Safeguards.
These measures of the United States described above nullify or impair the benefits accruing to the
Russian Federation directly or indirectly under the cited agreements.
The Russian Federation reserves the right to address additional measures and claims under other
provisions of the covered agreements regarding the above matters in the course of the
consultations and in any future request for panel proceedings.
The Russian Federation looks forward to receiving the reply of the United States to this request for
consultations in due course and to fixing a mutually acceptable date for consultations.