UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST FOR CONSULTATIONS BY NORWAY
Document: REQUEST FOR CONSULTATIONS BY
Date: 19 June 2018
Document codes: WT/DS552/1; G/L/1247; G/SG/D57/1
Complainant: Norway
Respondent: U.S.
Third parties: Bahrain, Brazil, Canada, China, Colombia, Egypt, EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, UAE, Venezuela
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2, 5.1, 11.1(b), 12.1, 12.2  SafeguardsArt. I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1, XIX:2  GATT 1994

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST FOR CONSULTATIONS BY NORWAY
The following communication, dated 12 June 2018, from the delegation of Norway 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 Government of the United
States pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Article XXII:1 of the General Agreement on Tariffs and Trade 1994
(GATT 1994) and Article 14 of the Agreement on Safeguards, with respect to certa in measures
imposed by the United States to adjust imports of steel and aluminum into the United States,
including through imposing additional ad valorem rates of duty on imports of certain steel and
aluminium products and exempting certain selected WTO Members from the measures.

A. Claims regarding US measures at issue relating to steel and aluminium

The United States imposed 25 per cent and 10 per cent of additional import duty on certain steel
products and aluminium products respectively from all countri es except Canada, Mexico, Australia,
Argentina, Korea, Brazil and the European Union, which took effect from 23 March 2018. These
measures have restricted Norwegian exports of such steel and aluminium products to the United
States from 23 March 2018.

On 3 0 April 2018 a proclamation was issued by the President of the United States exempting
imports from South Korea, Argentina, Australia and Brazil from the additional import duties on
certain steel products. Furthermore, a Presidential Proclamation was issue d on 30 April exempting
imports of certain aluminium products from Argentina, Australia and Brazil from the additional
import duties, while such duties were introduced on imports of certain aluminium products from
Korea. The United States also extended th e exemptions from the additional import duties for
Canada, Mexico and the European Union until 31 May 2018. The exemptions expired on 31 May
resulting in the imposition of the additional import duties on these Members. On 1 June 2018, the
United States t hrough these measures introduced additional import duties of 10 per cent ad
valorem also on aluminium articles imported from Brazil. For Korea, the United States introduced
on 1 May 2018 quotas limiting the quantities of imported steel articles by weight per calendar year
starting from 2018. On 1 June 2018, the United States introduced quotas limiting the quantities of
imported steel articles by weight per calendar year starting from 2018 also for Argentina and
Brazil. For Argentina, the United States on 1 June 2018 introduced quotas limiting the quantities
of imported aluminium articles by weight per calendar year starting from 2018.

The measures at issue in this part of the request include, but are not limited to:

1. Adjusting Imports of Steel Into the U nited 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)1

1 83 FR 11625-11630, March 15, 2018.
WT/DS552/1 • G/L/1247 • G/SG/D57/1

2. Adjusting Imports of Aluminum 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)2

3. 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 9711,
issued on 22 March 2018)3

4. Adjusting Imports of Aluminum into the United States, including the Annex, To Modify
Chapter 99 of the Harmonized Tariff Schedule of the United States (Presidential
Proclamation 9710, issued on 22 March 2018)4

5. 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 9740,
issued on 30 April 2018)5

6. Adjusting Impor ts of Aluminum into the United States, including the Annex, To Modify
Chapter 99 of the Harmonized Tariff Schedule of the United States (Presidential
Proclamation 9739, issued on 30 April 2018)6

7. Adjusting Imports of Aluminum into the United States, includ ing any annexes (Presidential
Proclamation 9758, issued on 31 May 2018)7

8. Adjusting Imports of Steel into the United States, including any annexes (Presidential
Proclamation 9759, issued on 31 May 2018)8

9. The Effect of Imports of Steel On the National Secu rity, An Investigation Conducted Under
Section 232 of the Trade Expansion Act of 1962, As Amended ( US Department of
Commerce, 11 January 2018)9

10. 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 ( US Department of
Commerce, 17 January 2018)10

and any amendments, successor, replacement or implementing measures and any exemptions
applied.

Norway considers that these United States ' measures appear to be incons istent with the United
States' obligations under several provisions of the GATT 1994 and the Agreement on Safeguards,
in particular, but not necessarily exclusively, of:

a) 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 immunity granted by the United States to certain othe r countries
immediately and unconditionally to the like product originating in the territories of all other
Members;

b) Article II:1(a) and (b) of the GATT 1994, because the United States has imposed import
duties on certain steel and aluminum products in ex cess of the duties set forth and

2 83 FR 11619-11624, March 15, 2018.
3 83 FR 13361-13365, March 28, 2018.
4 83 FR 13355-13359, March 28, 2018.
5 83 FR 20683-20705, May 7, 2018.
6 83 FR 20677-20682, May 7, 2018.
7 83 FR 25849-25855, June 5, 2018.
8 83 FR 25857-25877, June 5 2018.
9
https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national_securit
y_-_with_redactions_-_20180111.pdf.
10
https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_national_s
ecurity_-_with_redactions_-_20180117.pdf.
WT/DS552/1 • G/L/1247 • G/SG/D57/1

provided in the United States' Schedule of Concessions and Commitments annexed to the
GATT 1994, and has failed to exempt products of Norway subject to the measures at issue
from ordinary customs duties in excess of those s et forth and provided in the United
States' Schedule of Concessions and Commitments annexed to the GATT 1994 and from all
other duties or charges in excess of those imposed on the date of the GATT 1994 or those
directly and mandatorily required to be impos ed thereafter by legislation in force in the
United States on that date.;

c) 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;

d) Article XI:1 of the GATT 1994, because the United States has instituted restrictions other
than duties, taxes or other charges, made effective through quotas, on the importation of
products of the territory of other Members;

e) Article XIX:1(a) of the GATT 1994, because the United States has suspended tariff
concessions without the products at issue being imported into the territory of the United
States in such increased quantities and under such conditions as to cause or to threaten
serious 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;

f) Article XIX:2 of the GATT 1994, because the United States 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;

g) 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 Sa feguards, that such products are being
imported into its territory in such increased quantities, absolute or relative to domestic
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;

h) 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;

i) Article 3.1 of the Agreement on Safeguards, because the U nited States applies safeguard
measures to the products in question without first properly conducting an investigation and
publishing a report that sets forth findings and reasoned conclusions on all pertinent issues
of fact and law;

j) Article 4.1 of the Ag reement on Safeguards, because the United States has not properly
determined that there is serious injury, or threat thereof, to a domestic industry;

k) Article 4.2 of the Agreement on Safeguards, because the United States has failed to
properly evaluate all relevant factors 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;

l) Article 5.1 of the Agreement on Safeguards, because the United States is applying
safeguard measures beyond the extent necessary to prevent or remedy serious injury and
to facilitate adjustment;

m) 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 ser ious injury and to facilitate adjustment, without limitation to four
years, and without making provision for progressive liberalisation at regular intervals;
WT/DS552/1 • G/L/1247 • G/SG/D57/1

n) Article 11.1(a) of the Agreement on Safeguards, because the United States has taken
emergency action on imports of particular 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;

o) Article 11.1(b) of the Agreement on Safeguards to the extent that the United States seeks
or has sought any voluntary export restraints, orderly marketing arrangements, or any
other similar measures on the export or the import side through the measures at issue.

p) Articles 12.1, 12.2 and 12.3 of the A greement on Safeguards, because the United States
has failed to comply with any of the notification and consultation obligations set out in
these provisions; and

q) 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 with the provisions of Article XIX of the GATT 1994 and the
Agreement on Safeguards.

B. Claims regarding US measures at issue to protect US industry from import
competition

Norway also considers that Section 232 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. §1862), as repeatedly interpreted by the United States' administrative and judicial
authorities in the above and other measures, 11 is inconsistent with the United States' obligations
and rights set out in the WTO Agreement. Section 232, so interpreted, provides for the United
States' Secretary of Commerce and President to determine, ostensibly because of an alleged
threat to the national security interests of the United States, that a US domestic industry (or par t
thereof) producing identified products (e.g., automotive vehicles, automotive parts, steel or
aluminum) is to be protected from import competition, to ensure the industry 's continuing
economic viability in the United States, through the imposition of add itional import duties, quotas,
or similar restrictions, applied to products from some or all sources, because those products are
imported in quantities and/or at prices that cause or threaten to cause economic injury to the
domestic industry, in particula r its US commercial production facilities. Section 232, so
interpreted, is inconsistent with the obligations set out in the covered agreements, particularly
those set out in the previous section above, and fails to ensure the conformity of United States
laws, regulations and administrative procedures with the United States' obligations under the WTO
Agreement in a manner that is also inconsistent with Article XVI:4 of the WTO Agreement.

In the alternative, Norway considers that a measure that is not merely an i ndividual instance of
application, and that is attributable to the United States, with the content described in the previous
paragraph, has been taken, continues on an ongoing basis, and is likely to apply in the future.
This measure is inconsistent with the obligations in the covered agreements set out above.

The United States' measures described in both sections above nullify or impair benefits accruing to
Norway directly or indirectly under the cited agreements.

The Government of Norway reserves its right to raise further factual claims and legal issues during
the course of consultations and in any future request for panel proceedings.

The Government of Norway also reserves all its rights regarding the pursuit of rights and remedies
provided for under the WTO Agreements.

We look forward to receiving your reply to this request and to fixing a mutually acceptable date for
consultations. We suggest that these consultations, if practicable, be conducted jointly with
consultations requested by other WT O Members having requested consultations regarding the
same measures imposed by the United States under Article 4 of the DSU.

Security (15 CFR 705) 47 FR 14693.