UNITED STATES – CERTAIN MEASURES ON STEEL AND
ALUMINIUM PRODUCTS
NOTIFICATION OF AN APPEAL by the United States UNDER
ARTICLE 16
OF THE UNDERSTANDING ON RULES AND PROCEDURES
GOVERNING THE SETTLEMENT OF DISPUTES (DSU)
The following communication,
dated 26 January 2023, addressed to the Chairperson of the Dispute Settlement
Body is being circulated to Members at the request of the delegation of the
United States.
_______________
Pursuant to Article 16 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU), the United States hereby
notifies the Dispute Settlement Body of its decision to appeal issues of law
covered in the report of the Panel in United
States – Certain Measures on Steel and Aluminum Products from Türkiye (WT/DS564/R,
WT/DS564/R/Suppl.1, & WT/DS564/R/Add.1) and legal interpretations
developed by the Panel.
Issues of national security are political matters not susceptible to
review or capable of resolution by WTO dispute settlement. Every Member of the WTO retains the authority
to determine for itself those measures that it considers necessary to the
protection of its essential security interests, as is reflected in the text of
Article XXI of the General Agreement on
Tariffs and Trade 1994, Article XIV bis
of the General Agreement on Trade in Services,
and Article 73 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights. Bringing issues of national security into the
WTO is not only incompatible with the purpose of the WTO, a trade organization,
but will not advance WTO Members' shared interests in the WTO as a forum for
discussion and negotiation.