United States — Certain Measures on Steel and Aluminium Products

 

Short title:	US — Steel and Aluminium Products (Mexico)
Complainant:	Mexico
Respondent:	United States
Third Parties (original proceedings):	Bahrain, Kingdom of; Brazil; Canada; China; Colombia; Egypt; European Union; Guatemala; Honduras; Hong Kong, China; Iceland; India; Indonesia; Japan; Kazakhstan; Malaysia; New Zealand; Norway; Qatar; Russian Federation; Saudi Arabia, Kingdom of; Singapore; South Africa; Switzerland; Chinese Taipei; Thailand; Turkey; Ukraine; Venezuela, Bolivarian Republic of
Agreements cited: (as cited in request for consultations)	Art. I:1, II:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1, XIX:2, XXIII:1(b)  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 9, 11.1(a), 11.1(b), 12.1, 12.2, 12.3, 12.5  Safeguards
Agreements cited: (as cited in panel request)	Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7.1, 7.4, 8.1, 9.1, 11.1(a), 11.1(b), 12.1, 12.2, 12.3, 12.5  Safeguards Art. I:1, II:1(a), II:1(b), XI:1, XIX:1, XIX:2  GATT 1994
Consultations requested:	5 June 2018
Panel requested:	18 October 2018
Panel established:	21 November 2018
Panel composed:	25 January 2019
Panel report circulated:	11 July 2019
Mutually Agreed Solution notified:	28 May 2019

 

Summary of the dispute to date

 

The summary below was up-to-date at 17 February 2023 

 

Consultations

 

Complaint by Mexico (See also DS544, DS547, DS548, DS550, DS552, DS554, DS556 and DS564)

 

On 5 June 2018, Mexico requested consultations with the United States concerning certain measures imposed by the United States to allegedly adjust imports of steel and aluminium into the United States.

 

Mexico claimed that the measures appear to be inconsistent with:

 

- Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 9, 11.1(a), 11.1(b), 12.1, 12.2, 12.3 and 12.5 of the Agreement on Safeguards;

 

- Articles I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1 and XIX:2 of the GATT 1994; and

 

- Article XVI:4 of the WTO Agreement.

 

On 8 June 2018, Japan requested to join the consultations. On 13 Jun 2018, China requested to join the consultations. On 14 June 2018, Thailand requested to join the consultations. On 15 June 2018, Canada, the European Union, India, Norway and the Russian Federation requested to join the consultations.

 

On 15 June 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted Mexico's request to enter into consultations, without prejudice to the US view that the measures imposed by the United States concern issues of national security not susceptible to review or capable of resolution by WTO dispute settlement and that the consultations provisions in the Agreement on Safeguards are not applicable. The United States also referred to Mexico's Decree of 5 June 2018, in which Mexico raised duties on certain imports from the United States.

 

Panel and Appellate Body proceedings

 

On 18 October 2018, Mexico requested the establishment of a panel. At its meeting on 29 October 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 21 November 2018, the DSB established a panel. Bahrain, Brazil, Canada, China, Colombia, Egypt, the European Union, Guatemala, Honduras, Hong Kong, China, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, New Zealand, Norway, Qatar, the Russian Federation, Saudi Arabia, Singapore, South Africa, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine and Venezuela reserved their third-party rights.

 

On 7 January 2019, Mexico requested the Director-General to compose the panel. On 25 January 2019, the Director-General composed the panel.

 

Mutually Agreed Solution

 

On 28 May 2019, Mexico and the United States notified the DSB that they had reached a mutually agreed solution, which consisted of the United States' elimination of certain duties on steel and aluminium products from Mexico. On 28 May 2019, the parties jointly wrote to the Panel advising it of their mutually agreed solution.

 

On 11 July 2019, the Panel circulated its report to the Members. In accordance with Article 12.7 of the DSU, the Panel Report was confined to a brief description of the case and to reporting that a solution has been reached.