EUROPEAN UNION – ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES REQUEST FOR THE ESTABLISHMENT OF A PANEL BY THE UNITED STATES
Document: REQUEST FOR THE ESTABLISHMENT OF A PANEL
Date: 19 October 2018
Document codes: WT/DS559/2
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 THE ESTABLISHMENT OF A PANEL BY THE UNITED STATES
The following communication, dated 18 October 2018, from the delegation of the United States to
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

On July 16, 2018, the United States requested consultations with the European Union ( "EU")
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade 1994 ("GATT
1994"), with respect to the EU's imposition of additional duties on certain products originating in the
United States ("additional duties measure").1 The United States held consultations with the EU on
August 28, 2018. Unfortunately, these consultations did not resolve the dispute.
The additional duties measure applies only to products originating in the United States. The
additional duties measure does not apply to like products originating in the territory of any other
WTO Member, and thus appears inconsistent with the most -favored nation obligation in Article I of
the GATT 1994. Moreover, the additional duties measure results in rates of duty greater than the
rates of duty set out in the EU's schedule of concessions, and thus appears inconsistent with Article II
of the GATT 1994.
The legal instruments through which t he EU imposes the additional duties measure include the
following, operating separately or collectively:
1. 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;
2. 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 the EU's obligations under:
• 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 EU 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;
• Article II:1(a) of the GATT 1994 because it accords less favorable treatment to products
originating in the United States than that provided for in the EU's schedule; and

1 WT/DS559/1.

• Article II:1(b) of the GATT 1994 because it imposes duties or charges in excess of those
set forth in the EU's schedule.
The additional duties measure appears to nullify or impair the benefits accruing to the United States
directly or indirectly under the GATT 1994.
Accordingly, the United States respectfully requests pursuant to Article 6 of the DSU that the Dispute
Settlement Body establish a panel to examine this matter, with the standard terms of reference as
set out in Article 7.1 of the DSU.