United States — Certain Measures on Steel and Aluminium Products

 

Short title:	US — Steel and Aluminium Products (Switzerland)
Complainant:	Switzerland
Respondent:	United States
Third Parties (original proceedings):	Bahrain, Kingdom of; Brazil; Canada; China; Colombia; Egypt; European Union; Guatemala; Hong Kong, China; Iceland; India; Indonesia; Japan; Kazakhstan; Malaysia; Mexico; New Zealand; Norway; Qatar; Russian Federation; Saudi Arabia, Kingdom of; Singapore; South Africa; Chinese Taipei; Thailand; Turkey; Ukraine; United Arab Emirates; Venezuela, Bolivarian Republic of
Agreements cited: (as cited in request for consultations)	Art. I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX, XIX:1, XIX:2  GATT 1994 Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 11.1(a), 12.1, 12.2, 12.3  Safeguards Art. XVI:4  Agreement Establishing the World Trade Organization
Agreements cited: (as cited in panel request)	Art. I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1  GATT 1994 Art. 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 11.1(a)  Safeguards Art. XIX  GATT 1994 Art. 12.1, 12.2, 12.3  Safeguards Art. XIX:2  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization
Consultations requested:	9 July 2018
Panel requested:	8 November 2018
Panel established:	4 December 2018
Panel composed:	25 January 2019
Panel report circulated:	9 December 2022

 

Summary of the dispute to date

 

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

 

Consultations

 

Complaint by Switzerland (See also DS544, DS547, DS548, DS550, DS551, DS552, DS554 and DS564)

 

On 9 July 2018, Switzerland 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.

 

Switzerland claimed that the measures appear to be inconsistent with:

 

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

 

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

 

- Article XVI:4 of the WTO Agreement.

 

On 13 July 2018, Thailand requested to join the consultations. On 18 July 2018, Canada requested to join the consultations. On 19 July 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted Switzerland'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.

 

On 20 July 2018, China, Mexico and the Russian Federation requested to join the consultations. On 23 July 2018, the European Union requested to join the consultations. On 29 August 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it rejected the requests to join the consultations submitted by Canada, China, the European Union, Mexico, the Russian Federation and Thailand.

 

Panel and Appellate Body proceedings

 

On 8 November 2018, Switzerland requested the establishment of a panel. At its meeting on 21 November 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 4 December 2018, the DSB established a panel. Bahrain, Brazil, Canada, China, Colombia, Egypt, the European Union, Guatemala, Hong Kong, China, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, the Russian Federation, Saudi Arabia, Singapore, South Africa, Chinese Taipei, Thailand, Turkey, Ukraine, the United Arab Emirates and Venezuela reserved their third-party rights.

 

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

 

On 4 September 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties no earlier than autumn 2020. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 4 February 2021, the Chair of the panel informed the DSB that due to delays caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties no earlier than the second half of 2021. On 9 December 2021, the Chair of the panel informed the DSB that due to the complexity of the dispute and the delays caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties no earlier than the first half of 2022. On 30 June 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute, the panel now expected to issue its final report to the parties no earlier than the last quarter of 2022.

 

On 9 December 2022, the panel report was circulated to Members.

 

On 26 January 2023, the United States notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.