UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST FOR CONSULTATIONS BY INDIA
Document: REQUEST FOR CONSULTATIONS BY
Date: 23 May 2018
Document codes: WT/DS547/1; G/L/1238; G/SG/D53/1
Complainant: India
Respondent: U.S.
Third parties: Bahrain, Brazil, Canada, China, Colombia, Egypt, EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, UAE, Venezuela
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XIX:1, XIX:2  GATT 1994Art. 2.1, 2.2, 3.1, 4.1, 5.1, 7, 9.1, 11.1(a)  SafeguardsArt. XIX, XI:1  GATT 1994Art. 12.1, 12.2, 12.3  SafeguardsArt. I:1, II:1(a), II:1(b), X:3  GATT 1994

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST FOR CONSULTATIONS BY INDIA
The following communication, dated 18 May 2018, from the delegation of India to the delegation
of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

Upon instructions from my authorities, I hereby wish to convey the request of the Government of
India for consultations with the Government of the United States of America ( "the United States")
pursuant to Article 1 and Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (the "DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade
1994 (the "GATT 1994"), and Article 14 of the Agreement on Safeguards with respect to certain
measures by the United States to adjust imports of steel and aluminum into the United States,
including but not limited to, imposing additional ad valorem rate of duty on imports of certain steel
and aluminum products and exempting certain selected WTO Members from the measures.
A. Measures at Issue
The United States imposed 25 percent and 10 percent of additional import duty on certain steel
products and aluminum products respectively from all countries except Canada, Mexico, Australia,
Argentina, South Korea1, Brazil and the European Union, which took effect from 23 March 2018.
The measures at issue in this request include, but are not limited to:
 Adjusting Imports of Steel into the United States , including the Annex, To Modify Chapter 99
of the Harmonized Tariff Schedule of the United States (Presidential Proclamation 9705,
issued on 8 March 2018)2
 Adjusting Imports of Aluminium into the United States , including the Annex, To Modify
Chapter 99 of the Harmonized Tariff Schedule of the United States (Presidential Proclamation
9704, issued on 8 March 2018)3
 Adjusting Imports of Steel into the United States (Presidential Proclamation 9711, issued on
22 March 2018)4
 Adjusting Imports of Steel into the United States (Presidential Proclamation 9740, issued on
30 April 2018)5
 Adjusting Imports of Aluminium into the United States (Presidential Proclamation 9710, issued
on 22 March 2018)6

1 Only imports of steel, and not those of aluminium, from South Korea have been exempted from the
measures at issue by the United States.
2 83 FR 11625-11630, March 15, 2018
3 83 FR 11619-11624, March 15, 2018
4 83 FR 13361-13365, March 28, 2018
5 83 FR 20683-20705, May 7, 2018
6 83 FR 13355-13359, March 28, 2018
WT/DS547/1 • G/L/1238 • G/SG/D53/1

 Adjusting Imports of Aluminium into the United States (Presidential Proclamation 9739, issued
on 30 April 2018)7
 Requirements for Submissions Requesting Exclusions fro m 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 Submitted
Exclusion Requests for Steel and Aluminium (U.S. Department of Commerce)8
 Section 232 Tariffs on Aluminium and Steel, Additional Duty on Imports of Steel and
Aluminium Articles under Section 232 of the Trade Expansion Act of 1962 (U.S. Customs and
Border Protection)9
 Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. §1862), cited in the
Presidential Proclamations above for vesting authorities in the President of the United States
to take the actions therein
 The Effect of Imports of Steel on the National Security, An Investigation Cond ucted Under
Section 232 of the Trade Expansion Act of 1962, As Amended (U.S. Department of Commerce,
11 January 2018)10
 The Effect of Imports of Aluminium on the National Security, An Investigation Conducted
Under Section 232 of the Trade Expansion Act of 1 962, As Amended (U.S. Department of
Commerce, 17 January 2018)11
as well as any amendments, or successor, replacement, or implementing measures.
B. Legal Basis of the Complaint
The measures at issue, operating independently and/or together, appear to be inconsistent with
the United States' obligations under:
 Articles XIX:1(a), XIX:2 of the GATT 1994 and Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 9.1,
11.1(a), 12.1, 12.2 and 12.3 of the Agreement on Safeguards because the measures at issue
are, in effect an d in substance, safeguard measures and the United States has adopted and
implemented the measures at issue inconsistently with its obligations, both substantive and
procedural, as set out under the said provisions of the GATT 1994 and the Agreement on
Safeguards.
 Article 11.1(b) of the Agreement on safeguards and Article XI:1 of the GATT 1994 to the
extent that the United States seeks, through the adoption of the measures at issue, any
voluntary export restraints, orderly marketing arrangements or any other similar measures on
the export or the import side.
 Article II:1(a) and (b) of the GATT 1994, because the United States has imposed import
duties on certain steel and aluminium products in excess of the duties set forth and provided
in Part -I of the Unite d States' Schedule of Concessions and Commitments annexed to the
GATT 1994.
 Article I:1 of the GATT 1994, because the measures at issue do not apply uniformly to all
imports of certain steel and aluminium products into the United States irrespective of the ir
origin and thereby the measures at issue discriminate against imports of the said steel and
aluminium products originating from India, with respect to the advantage, favour, privilege or
immunity extended by the United States to certain selected WTO Members.
 Article XI:1 of the GATT 1994, because the measures implicitly introduce restrictions in the
form of quotas, as the said measures reduce the imports of steel and aluminium products
from the trade levels as existed prior to these measures.

7 83 FR 20677-20682, May 7, 2018.
8 83 FR 12106-12112, March 19, 2018
9 https://www.cbp.gov/trade/programs-administration/entry-summary/232-tariffs-aluminum-and-steel
10https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_nationa
l_security_-_with_redactions_-_20180111.pdf
11https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_na
tional_security_-_with_redactions_-_20180117.pdf
WT/DS547/1 • G/L/1238 • G/SG/D53/1

 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.
These inconsistencies appear to nullify or impair th e benefits accruing to India under the WTO
provisions cited above. In addition to, and independently of, the multiple violations of the WTO
obligations identified above, India considers that benefits accruing to India directly and indirectly
under the GATT 1994 are being nullified and impaired as a result of the application of the
measures identified above within the meaning of Article XXIII: 1(b) of the GATT 1994.
India reserves the right to raise additional factual and legal claims and matters regarding t he
above-mentioned measures during the course of the consultations and in any future request for
the establishment of a panel in these proceedings.
We look forward to receiving your reply to the present request and to agreeing to a mutually
convenient date and venue for consultations.