Staalbeleid VS: Persbericht EU, Japan, Korea, China, Zwitserland, Noorwegen, Nieuw-Zeeland en Brazilië (en)

maandag 10 november 2003, 1:52

The EC, Japan, Korea, China, Switzerland, Norway, New-Zealand and Brazil welcome the confirmation by the Appellate Body that each of the US safeguard measures imposed on 10 steel product groupings was in violation of WTO rules. The Co-complainants welcome the Appellate Body Report released today which upheld the Panel's findings and leaves the United States with no other choice but to terminate its WTO incompatible safeguard measures without delay. It should be noted that Members affected by the US measures will be entitled to apply re-balancing measures and take any other appropriate action in accordance with WTO rules, following the adoption of the Appellate Body report by the WTO Dispute Settlement Body, unless the safeguard measures are withdrawn.

Background

The US Presidential Proclamation of 5 March 2002 imposed safeguard measures on 10 steel product groupings in the form of additional tariffs up to 30%. Immediately thereafter, the EC, followed by Japan, Korea, China, Switzerland, Norway, New Zealand and Brazil, engaged WTO dispute settlement procedures against the US steel safeguard measures.

The Co-complainants closely co-operated at each stage of the Panel and Appellate Body procedures. The Appellate Body upheld the main violations found by the Panel in its reports of 11 July 2003 and confirmed that overall the US measures lack a legal basis because:

  • none of the US measures has been taken as a result of unforeseen developments as required under the WTO rules;

  • for most products imports have not increased;

  • the US has excluded imports from Canada, Mexico, Israel and Jordan from the measures in a manner inconsistent with the WTO rules.

The Appellate Body report shall now be adopted by the WTO Dispute Settlement Body within 30 days. The Co-complainants will ensure the timely adoption of this report to allow a prompt termination of the US safeguard measures.

For more information

MEMO/03/225

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