United States
– Certain measures on steel and aluminium products
Report of the Panel
TABLE OF
CONTENTS
1 Introduction.. 13
1.1
Complaint by Türkiye. 13
1.2
Panel establishment and composition. 13
1.3
Panel proceedings. 14
1.3.1
General 14
1.3.2
Request for the substantive meetings of the Panel to be open to the public. 14
1.3.3
Request for enhanced third-party rights. 15
1.3.4
Relationship with the other disputes where the same three persons act as
panelists. 15
1.3.5
Impact of the COVID-19 pandemic on the Panel proceedings. 17
1.3.5.1
Filing of written submissions. 17
1.3.5.2
Scheduling of the second substantive meeting of the Panel with the parties. 17
1.3.5.3
Use of a virtual meeting platform for the second substantive meeting of the
Panel
with the parties. 18
1.3.5.4
Impact on coordination with the other disputes where the same three persons act
as panelists. 19
2 Factual aspects. 20
2.1
Section 232 and the United States Department of Commerce reports on
steel and
aluminium.. 20
2.1.1 Section 232. 20
2.1.2 The Steel Report 21
2.1.2.1 Initiation and investigation process. 21
2.1.2.2 Product scope. 22
2.1.2.3 Findings and recommendations by the US
Secretary of Commerce. 23
2.1.3 The Aluminium Report 25
2.1.3.1 Initiation and investigation process. 25
2.1.3.2 Product scope. 25
2.1.3.3 Findings and recommendations by the US
Secretary of Commerce. 26
2.1.4
Presidential Proclamations. 28
2.2
Measures at issue. 29
2.2.1
Additional duty of 25% ad valorem on
steel products. 31
2.2.2
Additional duty of 50% ad valorem on
steel products from Türkiye. 32
2.2.3 Country-specific quantitative limitations on steel
goods. 32
2.2.4
Additional duty of 10% ad valorem on
aluminium articles. 32
2.2.5 Country-specific quantitative limitations on imports of
aluminium goods. 33
2.2.6
Various "unpublished voluntary export restraints, orderly marketing
arrangements and similar measures" 33
2.3 Measures amended, modified, or lapsed after
the establishment of the Panel 33
3 Parties' requests for findings and
recommendations. 34
4 Arguments of the parties. 36
5 Arguments of the third parties. 36
6 Interim Review.. 36
6.1
Article XIX of the GATT 1994 and the Agreement on Safeguards. 37
6.2
Article XXI(b) of the GATT 1994. 38
6.3
Appendices. 40
7 Findings. 40
7.1
Mandate under the DSU. 40
7.2
Order of analysis. 42
7.3
Terms of reference and measures at issue. 43
7.3.1
Introduction. 43
7.3.2
Additional duties on derivative steel and aluminium products and corresponding
country exemptions. 44
7.3.3
Country exemptions granted to Canada and Mexico. 46
7.3.4
Conclusion. 47
7.4
Article II:1 of the GATT 1994. 47
7.4.1
Introduction. 47
7.4.2
Additional duties on steel and aluminium products. 49
7.4.3
Additional duty on steel products from Türkiye. 53
7.4.4
Additional duties on derivative steel and aluminium products. 54
7.4.5
Conclusion. 55
7.5
Article I:1 of the GATT 1994. 55
7.5.1
Introduction. 55
7.5.2
Country exemptions for steel and aluminium products. 57
7.5.2.1
Australia, Argentina, Brazil, and the Republic of Korea. 57
7.5.2.2
Canada and Mexico. 58
7.5.3
Additional duty on steel products from Türkiye. 59
7.5.4
Conclusion. 59
7.6
Article XI:1 of the GATT 1994. 59
7.6.1
Introduction. 59
7.6.2
Import quotas for steel and aluminium products. 60
7.6.3
Conclusion. 61
7.7
Article X:3 of the GATT 1994. 61
7.8
Article XIX of the GATT 1994 and the Agreement on Safeguards. 61
7.8.1
Introduction. 61
7.8.2
Interpretation of Article XIX of the GATT 1994 and the Agreement on
Safeguards in accordance with Article 3.2 of the DSU. 62
7.8.3
Assessment of the measures at issue. 69
7.8.4
Conclusion. 73
7.9
Article XXI(b) of the GATT 1994. 74
7.9.1
Introduction. 74
7.9.2
Interpretation of Article XXI(b) of the GATT 1994 in accordance with
Article 3.2 of
the DSU. 74
7.9.3
Assessment of the measures at issue. 82
7.9.4
Conclusion. 88
8
Conclusions and recommendation.. 88