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On January 25, 2019, the Director-General composed the panel.
On June 1, 2018, Canada 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.
Canada claimed that the measures appear to be inconsistent with:
- Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 11.1(a), 11.1(b), 12.1, 12.2, 12.3 and 12.5 of the Agreement on Safeguards;
- Articles I:1, II:1(a), II:1(b), X:3(a), XI:1, XIX:1 and XIX:2 of the GATT 1994; and
- Article XVI:4 of the WTO Agreement.
On June 8, 2018, Japan requested to join the consultations. On June 13, 2018, China requested to join the consultations. On June 14, 2018, Thailand requested to join the consultations. On June 15, 2018, the European Union, India, Mexico, Norway and the Russian Federation requested to join the consultations.
For the full list of documents filed with the WTO, click here.
On June 11, 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States was willing to enter into consultations with Canada, 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.
In its communication, the United States also referred to Canada’s notice of intent to impose countermeasures of May 31, 2018.
On October 18, 2018, Canada requested the establishment of a panel. At its meeting on October 29, 2018, the DSB deferred the establishment of a panel.
At its meeting on November, 21 2018, the DSB established a panel. Bahrain, Brazil, 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, Switzerland, Chinese Taipei, Thailand, Turkey, Ukraine and Venezuela reserved their third-party rights.
On January 7, 2019, Canada requested the Director-General to compose the panel.
We will provide updates on this blog as the dispute develops.
John Reiterowski, DS Lawyers Canada, LLP
DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.