   
  
WT/DS547/R  
 
8 August  2023 
(23-5361) Page: 1/6 
  Original: English  
 
  
UNITED STATES – CERTAIN MEASURES ON STEEL  
AND ALUMINIUM PRODUCTS  
REPORT OF THE PANEL  
 
 WT/DS547/R  
 
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  TABLE OF CONTENTS  
 
1   COMPLAINT BY INDIA  ................................ ................................ ................................ . 3 
2   PANEL ESTABLISHMENT AND COMPOSITION  ................................ ..............................  3 
3   PANEL PROCEEDINGS  ................................ ................................ ................................ .. 5 
4   NOTIFICATION OF A MUTUALLY AGREED SOLUTION  ................................ ...................  6 
 
 
  WT/DS547/R  
 
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  1  COMPLAINT BY INDIA  
1.1.  On 18 May 2018 , India requested consultations with the United States  pursuant to 
Articles  1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes  (DSU) , Article XXII:1 of the General Agreement on Tariffs and Trade (GATT 1994),  and 
Article 14 of the Agreement on Safeguards  with respect to certain measures by the United States to 
adjust imports of steel and alumin ium into the United States .1  
1.2.  India alleged that the measures at issue were, in effect and in substance, safeguard measures 
that the United States had adopted and implemented inconsistently with its substantive and 
procedural  obligations  under the GATT 1994 and the Agreement on Safeg uards. India also claimed 
that, to the extent that the United States sought any voluntary export restraints, orderly marketing 
arrangements , or any other similar measures on the export or the import side, the measures at 
issue appeared to be inconsistent w ith the United States' obligations under Article 11.1(b) of the 
Agreement on Safeguards and Article XI:1 of the GATT 1994. In addition, India claimed that the 
measures were inconsistent  with Articles I:1, II:1(a), II:1(b) , and X:3(a) of the GATT  1994.  
1.3.  Consultations were held on 20 July 2018  but failed to  resolve the dispute . 
2  PANEL ESTABLISHMENT AND COMPOSITION  
2.1.  On 8 November 2018 , India requested the establishment of a panel pursuant to Article s 4.7 
and 6 of the DSU , Article XXIII:2 of the GATT 1994, and Art icle 14 of the Agreement on Safeguards  
with standard terms of reference.2  
2.2.  In its panel request , India stated that the measures at issue relate d to the imposition  by the 
United States  of additional import duties of 25% ad valorem  and 10% ad valorem , respectively,  on 
certain steel and aluminium products .  
2.3.  With respect to steel products, India noted that on 23 March 2018, the United States imposed  
additional duties of 25% ad valorem  on certain steel products  imported from countries other than 
Argentina,  Australia, Brazil, Canada, the European Union, the Republic of Korea, and Mexico . India 
observed that, on 1 June 2018, such additional duties were also imposed on imports from Canada, 
the European Union, and Mexico, with only Argentina, Australia, Brazil , and the Republic of Korea 
remaining exempt. In addition, India referred to quotas imposed by the United States on Argentina, 
Brazil , and the Republic of  Korea , based on an agreement , limiting the quantities of imported steel 
articles by weight per calendar year.  
2.4.  With respect to aluminium products, India noted that on 23 March 2018, the United States  
imposed additional duties of 10% ad valorem  on certain aluminium products  imported fro m countries 
other than Argentina, Australia, Brazil, Canada, the European Union, the Republic of Korea , and 
Mexico . India observed that, on 1 May 2018 and 1 June 2018, such additional duties were also 
imposed on imports from Brazil, Canada, the European Un ion, the Republic of Korea, and Mexico, 
with Argentina and Australia remaining exempt. In addition, India referred to quotas imposed by the 
United States on Argentina , based on an agreement, limiting the quantities of imported aluminium 
articles by weight per calendar year.  
2.5.  India identified the measures at issue as including but not limited to the following:  
a. Adjusting Imports of Aluminium into the United States, including the Annex, To Modify 
Chapter 99 of the Harmonized Tariff Schedule of the United States  (Presidential 
Proclamation 9704, issued on 8 March 2018);  
b. Adjusting Imports of Steel into the United States, including the Annex, To Modify 
Chapter  99 of the Harmonized Tariff Schedule of the United States (Presidential 
Proclamation 9705, issued on 8 Marc h 2018);  
 
1 Request for consultations by India, WT/DS547/1 -G/L/1238 -G/SG/D53/1, p. 1.  
2 Request for the establishment of a panel by India, WT/DS547/ 8 (India's panel request) , p. 1. WT/DS547/R  
 
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  c. Adjusting Imports of Aluminium into the United States (Presidential Proclamation 9710, 
issued on 22 March 2018);  
d. Adjusting Imports of Steel into the United States (Presidential Proclamation 9711, issued 
on 22 March 2018);  
e. Adjusting Imports of Alum inium into the United States (Presidential Proclamation 9739, 
issued on 30 April 2018);  
f. Adjusting Imports of Steel into the United States (Presidential Proclamation 9740, issued 
on 30 April 2018);  
g. Adjusting Imports of Aluminium into the United States (Pres idential Proclamation 9758, 
issued on 31 May 2018);  
h. Adjusting Imports of Steel into the United States (Presidential Proclamation 9759, issued 
on 31 May 2018);  
i. Adjusting Imports of Steel into the United States (Presidential Proclamation 9772, issued 
on 10 A ugust 2018);  
j. Adjusting Imports of Steel into the United States (Presidential Proclamation 9776, issued 
on 29 August 2018);  
k. Adjusting Imports of Steel into the United States (Presidential Proclamation 9777, issued 
on 29 August 2018);  
l. Requirements for Submis sions Requesting Exclusions from the Remedies Instituted in 
Presidential Proclamations Adjusting Imports of Steel into the United States and Adjusting 
Imports of Aluminium into the United States; and the Filing of Objections to Submitted 
Exclusion Requests  for Steel and Aluminium (U.S. Department of Commerce);  
m. Interim final rule regarding submissions of exclusion requests and objections to submitted 
requests for Steel and Aluminium issued by Bureau of Industry and Security issued on 
11 September 2018;  
n. Section 232 Tariffs on Aluminium and Steel, Additional Duty on Imports of Steel and 
Aluminium Articles under Section 232 of the Trade Expansion Act of 1962 (U.S. Customs 
and Border Protection);  
o. Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. §1862), cited in 
the Presidential Proclamations above for vesting authorities in the President of the United 
States to take the actions therein;  
p. The Effect of Imports of Steel on the National Security, An Investigation Conducted Under 
Section 232 of  the Trade Expansion Act of 1962, As Amended (U.S. Department of 
Commerce, 11 January 2018);  
q. The Effect of Imports of Aluminium on the National Security, An Investigation Conducted 
Under Section 232 of the Trade Expansion Act of 1962, As Amended (U.S. Dep artment of 
Commerce, 17 January 2018) ; 
as well as "all the amendments, supplements, successor, replacement, extensions or implementing 
measures and any exemptions applied" .3 
2.6.  India claimed that the measures at issue, operating independently and/or together , appeared 
to be inconsistent with the United States' obligations under  Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 
9.1, 11.1(a), 11.1(b), 12.1, 12.2, and 12.3 of the Agreement on Safeguards, as well as Articles I:1, 
II:1(a), II:1(b), X:3(a), XI:1, XIX:1(a),  and XIX:2 of the GATT 1994. India also alleged that the 
 
3 India's panel request, pp. 2 -3. WT/DS547/R  
 
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  measures in question appeared to be nullifying or impairing the benefits accruing to India directly 
or indirectly under the covered agreements.4 
2.7.  At its meeting on 4 December 2018 , the Dispute Settle ment Body (DSB) established a panel 
pursuant to the request of India in document WT/DS 547/8 , in accordance with Article  6 of the DSU.5 
2.8.  The Panel's terms of reference are the following:  
To examine, in the light of the relevant provisions of the covered agreements cited by 
the parties to the dispute, the matter referred to the DSB by India in document 
WT/DS 547/8  and to make such findings as will assist the DSB in making the 
recommendations  or in giving the rulings provided for in those agreements.6 
2.9.  On 7 January 2019 , India requested the Director -General to determine the composition of the 
panel, pursuant to Article 8.7 of the DSU . On 25 January 2019 , the Director -General accordingly 
compos ed the Panel as follows:  
Chairperson:  Mr Elbio Rosselli  
Members:   Mr Esteban B. Conejos, Jr  
   Mr Rodrigo Valenzuela  
2.10.  The Kingdom of Bahrain; Brazil; Canada; China; Colombia; Egypt; the European Union; 
Guatemala7; Hong Kong, China; Iceland; Indonesia; Japa n; Kazakhstan; Malaysia; Mexico; 
New Zealand; Norway; Qatar; the Russian Federation; the Kingdom of Saudi Arabia; Singapore; 
South Africa8; Switzerland; Chinese Taipei; Thailand; Türkiye9; Ukraine; the United Arab Emirates; 
and the Bolivarian Republic of  Venezuela  notified their interest in participating in the Panel 
proceedings as third parties.  
3  PANEL PROCEEDINGS  
3.1.  The Panel held an organizational meeting with the parties on 13 March 2019.  
3.2.  Following  consultation s with the parties, the Panel adopted its Wor king Procedures10 and 
Timetable11 on 5 April 2019 . 
3.3.  The Panel held a first substantive meeting with the parties on 31 October 2019 . A session with 
the third parties took place on 18 November 2019 . 
3.4.  According to the revised Timetable adopted on 20 February  2020, the Panel's second meeting 
with the parties was scheduled for 9 -10 July 2020. However, due to the impact of the COVID -19 
pandemic on in -person meetings, and in consultation  with the parties,  the Panel postponed the  
second  meeting to a later date on multiple  occasions . Subsequently, the  Panel continued to consult  
with the parties on the feasibility  of in-person meetings and possible alternative arrangements . Both 
parties identified numerous potential obstacles to holding in -person meetings, in cluding evolving 
travel and quarantine restrictions due to the pandemic, and maintained their opposition to the 
adoption of any alternative arrangement as a substitute for in -person meetings . 
3.5.  On 12 January 2023, the Panel invited the parties'  views on the way forward in these 
proceedings , in response to which  both parties indicated that they were engaging in discussions to 
 
4 India's panel request, pp. 3 -5. 
5 DSB, Minutes of  the meeting held on 4 December 2018,  WT/DSB/M/ 422, para. 1.5 . 
6 Constitution note of the Panel, WT/DS547/9. 
7 On 14 March 2019, Guatemala notified the Panel of its interest to participate as a third party. See 
WT/DS54 7/9/Rev. 1. 
8 On 16 July 2019, South Africa notified the DSB and the Panel of its interest to participate as a third 
party. See WT/DS54 7/9/Rev. 2. 
9 Formerly "Turkey" . See WT/INF/43/Rev.23.  
10 The Panel's Working Procedures were revised on 19 July 2019 and 20 February 2020.  
11 In consultation with the parties, the Panel also revised its timetable on 19 July 2019, 
13 December  2019, and 20 February 2020.  WT/DS547/R  
 
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  reach  a positive resolution in this dispute and requested additional time to provide comments to the 
Panel on this matter.  
4  NOTIFICATION OF A MUTUALLY AGREED SOLUTION  
4.1.  By a joint communication  dated 13 July 2023, pursuant to Article 3.6 of the DSU, the parties 
notified the DSB  that they had reached a mutually agreed solution to the matter raised in this 
dispute.12 On the same date, the parti es also informed  the Panel of their mutually agreed solution.  
4.2.  The Panel takes note of  the mutually agreed solution between the parties to the dispute and  
recalls  Article 3.7 of the DSU, which provides that "[t]he aim of the dispute settlement mechanism 
is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute 
and consistent with the covered agreements is clearly to be preferred ." 
4.3.  The Panel also takes note of Article 12.7 of the DSU, which provides  that "[w]here a settlement 
of the matter among the parties to the dispute has been found, the report of the panel shall be 
confined to a brief description of the case and to reporting that a solution has been reached."  
4.4.  Accordingly, the Panel concludes it s work by reporting that a mutually agreed solution to this 
dispute has been reached between the parties.  
 
__________  
 
 
 
12 This was circulated as document WT/DS 547/15 on 18 July 2023.  