UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST FOR CONSULTATIONS BY SWITZERLAND
Document: REQUEST FOR CONSULTATIONS BY
Date: 12 July 2018
Document codes: WT/DS556/1; G/L/1251; G/SG/D59/1
Complainant: Switzerland
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, 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  GATT 1994Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 11.1(a)  SafeguardsArt. XIX  GATT 1994Art. 12.1, 12.2, 12.3  SafeguardsArt. XIX:2  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST FOR CONSULTATIONS BY SWITZERLAND
The following communication, dated 9 July 2018 , from the delegation of Switzerland 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 Understandi ng 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 certain measures
imposed by the United States to adjust imports of steel and aluminium into the United States,
including imposing additional ad valorem rates of duty on imports of the certain steel and
aluminum products and exempting certain selected WTO members from the measures. These
measures adversely affect exports of such products from Switzerland to the United States.
A. Claims with respect to measures relating to steel and aluminium
On 8 March 2018, t he United States imposed an additional import duty of 25% on certain steel
products and an add itional import duty of 10% on certain aluminium products from all countries
except, Mexico, Australia, Argentina, Brazil , Canada, the European Union and Korea, taking effect
on 23 March 2018. On 30 April 2018, the President of the United States issued presidential
proclamations exempting imports from Argentina , Australia, Brazil, and Korea from the additional
duties on certain steel products, and exempting imports from Argentina, Australia and Brazil from
the additional duties on certain aluminium produ cts. The United States also extended the
exemption from the additional import duties for Canada, the Eur opean Union and Mexico until
31 May 2018. As of 1 June 2018, the additional duties on certain steel products apply to all
countries of origin, except Ar gentina, Australia, Brazil and Korea, and the additional duties on
certain aluminium products apply to all countries of origin except Argentina and Australia. Quotas
have been introduced concerning steel imports from Argentina, Brazil and Korea, and alumin ium
imports from Argentina.
The measures at issue are the import adjustments on certain steel products and certain aluminium
products. They consist of and are evidenced by the following documents considered alone and in
any combination:
1. Presidential Procla mation 9705 of 8 March 2018 on Adjusting Imports of Steel Into the
United States, including the Annex, To Modify C hapter 99 of the Harmonized Tar iff
Schedule of the United States1
2. Presidential Proclamation 9704 of 8 March 2018 on Adjusting Imports of Alumi num Into
the United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff
Schedule of the United States2

1 Federal Register Volume 83, Issue 51 (March 15, 2018), pp. 11625-11630.
2 Federal Register Volume 83, Issue 51 (March 15, 2018), pp. 11619-11624.
WT/DS556/1 • G/L/1251 • G/SG/D59/1

3. Presidential Proclamation 9711 of 22 March 2018 on Adjusting Imports of Steel into the
United States, including the Annex, To Modi fy Chapter 99 of the Harmonized Tariff
Schedule of the United States3
4. Presidential Proclamation 9710 of 22 March 2018 on Adjusting Imports of Aluminum into
the United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff
Schedule of the United States4
5. Presidential Proclamation 9740 of 30 April 2018 on Adjusting Imports of Steel into the
United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff
Schedule of the United States5
6. Presidential Proclamation 9739 of 30 April 2018 on Adjusting Imports of Aluminum into the
United States, including the Annex, To Modify Chapter 99 of the Harmonized Tariff
Schedule of the United States6
7. Presidential Proclamation 9759 of 31 May 2018 on Adjusting Imports of Steel into the
United States, including the Annex7
8. Presidential Proclamation 9758 of 31 May 2018 on Adjusting Imports of Aluminum into the
United States, including the Annex8
9. The Effect of Imports of Steel On the National Security, An Investigation Conducted Under
Section 232 o f the Trade Expansion Act of 1962, as Amended (U.S. Department of
Commerce, January 11, 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 (U.S. Dep artment of
Commerce, January 17, 2018)10
This request also covers any additional measures amending, superseding, supplementing,
updating, extending, replacing or implementing the measures referred to above as well as any
exemption or exclusion applied.
The measures at issue appear to be inconsistent with the United States ' obligations under several
provisions of the GATT 1994 and the Agreement on Safeguards, in particular, but not necessarily
exclusively:
 Article I:1 of the GATT 1994, because , by applying selectively the additional import duties
on certain steel and aluminium products originating in different Members, including by
providing exemptions or applying alternative means to certain countries, the United States
fails, with respect to customs duties a nd charges of any kind imposed on or in connection
with importation and with respect to all rules and formalities in connection with
importation, to accord immediately and unconditionally any advantage, favour, privilege or
immunity granted to products ori ginating in other countries to like products originating in
Switzerland;
 Article II:1(a) and (b) of the GATT 1994, because , through the measures at issue, the
United States fails to accord to the commerce of most other WTO Members, including
Switzerland, treatment no less favourable than that provided for in the appropriate part of
the United States' Schedule of Concessions , and fail s to exempt products of most

3 Federal Register Volume 83, Issue 60 (March 28, 2018), pp. 13361-13365.
4 Federal Register Volume 83, Issue 60 (March 28, 2018), pp. 13355-13359.
5 Federal Register Volume 83, Issue 88 (May 7, 2018), pp. 20683-20705.
6 Federal Register Volume 83, Issue 88 (May 7, 2018), pp. 20677-20682.
7 Federal Register Volume 83, Issue 108 (June 5, 2018), pp. 25857-25877.
8 Federal Register Volume 83, Issue 108 (June 5, 2018), pp. 25849-25855.
9https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national
_security_-_with_redactions_-_20180111.pdf
10https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_na
tional_security_-_with_redactions_-_20180117.pdf
WT/DS556/1 • G/L/1251 • G/SG/D59/1

WTO Members including S witzerland from ordinary customs duties in excess of those set
forth and provided in the United States ' Schedule of Concessions 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 imposed thereafter by legislation in force in the United States
on that date;
 Article X:3(a) of the GATT 1994 as 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, through the measures at issue, 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;
 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 obligation s
incurred under the GATT 1994;
 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
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 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;
 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 as
provided for in that provision;
 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; has failed to ensure that the injury caused
by factors other t han increased imports was not attributed to 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 serious 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 nece ssary to
prevent or remedy serious injury and to facilitate adjustment, without limitation to four
years, and without making provision for progressive liberalisation at regular intervals;
 Article 11.1(a) of the Agreement on Safeguards, because the United S tates has taken
emergency action on imports of particular products as set f orth in Article XIX of the
GATT 1994, without such action conforming with the provisions of Article XIX applied in
accordance with the Agreement on Safeguards;
WT/DS556/1 • G/L/1251 • G/SG/D59/1

 Articles 12.1, 12.2 a nd 12.3 of the Agreement on Safeguard s and Article XIX:2 of the
GATT 1994, because the United States has failed to comply with any of the notification and
consultation obligations set out in these provisions.
B. Claims with respect to measures to protect U S domestic industry from import
competition
In addition, Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. §1862), as
interpreted by the United States ' authorities, including in the context of the above and other
measures11, appears to be inconsistent with the provisions set forth in the covered agreements, in
particular those set out in Section A above, in a manner that is also inconsistent with Article XVI:4
of the WTO Agreement.
Section 232, as interpreted by the United States ' authorities, provides for the imposition of
measures (such as additional import duties or quotas) that restrict imports from other
WTO Members to shield the domestic production in the United States from the competition with
foreign products on the grounds of an alleged threat to the national security in a manner
inconsistent with the disciplines set out in the GATT 1994 and the Agreement on Safeguards.
In the alternative, Switzerland argues that the ongoing use of Section 232 by the United States '
authorities so as to afford protection to the domestic production by restricting imports from other
WTO Members on the grounds of the alleged threat to national security is inconsistent with the
United States ' obligations under the covered agreements, in particular t hose listed in Section A
above.
The above-mentioned measures appear to nullify or impair the benefits accruing to Switzerland
directly or indirectly under the covered agreements.
In addition to, and independently of, the multiple violations of the WTO obligati ons identified
above, Switzerland considers that, as a result of the application of the measures at issue, the
benefits accruing to Switzerland under the GATT 1994 are being nullified and impaired and that
the attainment of the objectives of the GATT 1994 is being impede d within the meaning of
Article XXIII:1(b) of the GATT 1994.
Switzerland reserves the right to raise additional factual claims and legal issues under other
provisions of the covered agreements regarding the above matters during the course of the
consultations and in any future request for the establishment of a panel in these proceedings.
Switzerland looks forward to receiving a reply from the United States to this request and to setting
a mutually convenient date for consultations.

Security (15 CFR 705) 47 FR 14693.