Case Note: US - Steel Safeguards

Author:Robert Barnidge, Jr.
Position:B.A., summa cum laude, University of Notre Dame; J.D., University of North Carolina; LL.M.
Pages:215-222
CASE
NOTE:
US
-STEEL
SAFEGUARDS
ROBERT
P.
BARNIDGE,
JR.*
Recent
years
have
witnessed
a
growing
tension
between
the
United
States
and
Europe.
Political
differences
and
Europe's
increasingly
important
role
in
world
affairs
have
affected
the
transatlantic
relationship,
and in
this
context,
it
should
perhaps
come
as
little
surprise
that
different
trading
perspectives
have
developed.
This
case note
discusses
the
WTO Appellate
Body's
Report
of
10
November
2003
in
United States
-
Definitive
Safeguard Measures
on
Imports
of
Certain
Steel
Products,'
in
which
the
European
Communities
acted
as one
of
the
Complaining
Parties.
The
contentious safeguard
measures adopted
by
the
United
States
related
to
imports
of
tin
mill
products, cold-finished
bar,
welded
pipe,
stainless
steel
bar,
fittings,
flanges,
and tool
joints,
stainless
steel
wire,
stainless
steel rod,
hot-rolled
bar,
rebar,
and
certain carbon flat-rolled
steel.'
The
Complaining Parties
alleged
a
host
of
violations
at
Panel level,
namely Article
XVI
of
the
WTO
Agreement,
Articles
I,
II,
X,
XIII,
and
XIX
of
the
GATT
1994
and Articles
2,
3,
4,
5,
7,
8,
9,
and
12
of
the
Agreement
on
Safeguards.
For
reasons explained
in
paragraphs
five
"
B.A.,
summa
cum
laude,
University
of
Notre
Dame;
J.D.,
University
of
North
Carolina;
LL.M. Public
International
Law
Candidate,
University
of
Amsterdam, 2004.
The
author
is
a
licensed
attorney
in
the
state
of
Missouri.
1
WTO
Appellate
Body
Report,
10
Nov.
2003,
WT/DS248/AB/R,
WT/DS249/AB/R,
WT/DS25
l/AB/R,
WT/DS252/AB/R,
WT/DS253/AB/R,
WT/DS254/AB/R,
WT/DS258/AB/R, WT/DS259/AB/R,
United
States
-
Definitive
Safeguard
Measures
on
Imports
of
Certain
Steel
Products
[hereinafter
the
Appellate
Body
Report].
2
Ibid.,
para.
13.
3
Ibid., para.
3.
The
WTO
Agreement's
Article
XVI
on
Miscellaneous Provisions;
the
GATT
1994's
Article
I
on
General
Most-Favoured-Nation
Treatment, Article
II
on
Schedules
of
Concessions,
Article
X
on
Publication and Administration
of
Trade
Regulations, Article
XIII
on
Non-discriminatory
Administration
of
Quantitative
Restrictions,
and
Article
XIX
on
Emergency Action on Imports
of
Particular
Products;
and
the
Agreement
on
Safeguards'
Article
2 on
Conditions,
Article
3
on
Investigation, Article
4
on
Determination
of
Serious
Injury
or
Threat
Thereof,
Article
5
on
Application
of
Safeguard
Measures,
Article
7
on
Duration and Review
of
Safeguard
Measures, Article
8
on Level
of
Concessions
and
Other
Obligations,
Article
9
on
Developing
Country
Members,
and Article
12
on
Notification
and
Consultation
can
be accessed
online
at:
e/legal
e/legale.htm>
(visited
31
January
2004).
©
2004
Robert
P.
Barnidge,
Jr.
and Dublin University Law Society

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