IMMEDIATE
NOTIFICATION UNDER ARTICLE 12.5 OF THE AGREEMENT
ON SAFEGUARDS TO THE COUNCIL FOR TRADE IN GOODS OF
PROPOSED SUSPENSION OF CONCESSIONS AND OTHER
OBLIGATIONS REFERRED TO IN PARAGRAPH 2
OF ARTICLE 8 OF THE AGREEMENT
ON SAFEGUARDS
United Kingdom
The
following communication, dated and received on 28 May 2025, is being circulated
at the request of the delegation of the United Kingdom.
_______________
Pursuant to Article 12.5 of the Agreement
on Safeguards, and in accordance with the agreed format for notifications,[1] the United Kingdom provides immediate notification to the Council
for Trade in Goods of the proposed suspension of concessions or other
obligations referred to in paragraph 2 of Article 8 of the Agreement on
Safeguards.
Notwithstanding the reservation of rights
in this notification, the United Kingdom remains committed to reaching a
positive outcome through an ongoing dialogue with the United States.
1. Which Member
is proposing suspension of concessions and other obligations referred to in
Article 8.2.
The United Kingdom.
2. Specify the
measure, the product subject to the measure, the WTO document that notified the
safeguard measure, and the Member imposing the measure in relation to which the
Member is proposing suspension of concessions and other obligations referred to
in Article 8.2.
The United Kingdom has established rights
to suspend concessions or other obligations in relation to existing safeguard
measures applied in 2018 and 2020 by the United States on certain steel and
aluminium products and steel and aluminium derivative products,[2] and on 8 May 2025 the United Kingdom provided a further
notification under Article 12.5 of the Agreement on Safeguards proposing to
suspend concessions or other obligations in relation to additional safeguard
measures applied on 12 March 2025 by the United States on other steel and aluminium
products and steel and aluminium derivative products.[3]
On 4 April 2025, the United States
introduced additional customs duties, at a rate of 25% ad valorem, on
imports of additional aluminium derivative products, namely beer and empty
aluminium cans.[4] These new safeguard measures apply with respect to the United
Kingdom from 4 April 2025 for an unlimited period.
Although the United States did not notify
the measures to the Committee on Safeguards under Article 12.1(c) of the
Agreement on Safeguards, the United Kingdom considers that the measures are
safeguard measures to which Article XIX of GATT 1994 and the Agreement on
Safeguards are applicable.
3. Describe the
proposed suspension of concessions and other obligations referred to in Article
8.2 of the Agreement on Safeguards, and the proposed date from which it will
come into effect.
The United Kingdom hereby reserves the
right to suspend the application of substantially equivalent concessions or
other obligations pursuant to Article 8 of the Agreement on Safeguards.
Without prejudice to the effective exercise
of its right to suspend substantially equivalent obligations referred to in
Article 8.2 of the Agreement on Safeguards, the United Kingdom hereby reserves
the right to apply the proposed suspension: (i) in relation to those measures
that have not been taken as a result of an absolute increase in imports, from
28 June 2025, accounting for the expiration of 30 days after this notification
is received by the Council for Trade in Goods, and (ii) in relation to those measures
that have been taken as a result of an absolute increase in imports, from 4 April 2028,
or from the fifth day following the date of the adoption by, or notification
to, the WTO Dispute Settlement Body of a ruling that the United States'
safeguard measures are inconsistent with the relevant provisions of the WTO
Agreement, if that is earlier.
The United Kingdom considers that the new
safeguard measures would result in up to around GBP 3.6 million in
theoretical additional duties collected on United States imports of relevant
affected products from the United Kingdom, based on the import values in 2024,
of which up to around GBP 2.2 million is with regard to products the
import of which into the United States from the world have not increased in
absolute terms.
The proposed suspension of substantially
equivalent concessions or other obligations would take the form of an increase
in customs duty on selected products originating in the United States. The
details of the suspension of concessions or other obligations will be provided
to the Council for Trade in Goods before any application of future measures.
The United Kingdom reserves the right to
withdraw, modify, supplement or replace this notification and/or make a further
notification or notifications, should it deem that appropriate, including in
light of any subsequent developments.
__________
[1] _G/SG/1,
1 July 1996; amended on 19 October 2009, _G/SG/1/Rev.1
- _G/SG/N/6/Rev.1
- _G/SG/89.
[2] _G/L/1237
- _G/SG/N/12/EU/1
of 18 May 2018, and _G/L/1356
- _G/SG/N/12/EU/2
of 7 April 2020.
[3] _G/L/1570
- _G/SG/N/12/GBR/1
of 9 May 2025.
[4] Implementation of Duties on Aluminum Derivatives Beer and Empty
Aluminum Cans Pursuant to Proclamation 10895 Adjusting Imports of Aluminum into
the United States, dated 4 April 2025 (90 FR 14786).