However, Washington insists that the tariffs are to
protect national security; can’t be treated as safeguard duties. The US has
said that it is ready to consult with India at the WTO on
the 25 per cent tariffs it
imposed on steel and
aluminium imports from all countries provided these were not treated as
safeguard measures as requested by New Delhi.
In response to India’s request
for consultations on the tariffs under the WTO Agreement on Safeguards made
last week, the US said in a submission that these actions were not safeguard
actions but security measures to protect national security. “Nonetheless, we are open to discuss this
or any other issue with India. Any discussions regarding the tariffs would not
be under the Agreement on Safeguards and would be without prejudice to our view
that the tariffs are not safeguard measures,” per the US submission to the WTO
Committee on Safeguards circulated on Thursday.(17 April ’25)
Safeguard measures are actions
taken, in the form of higher tariffs or other restrictions, to protect domestic
industry against import surges. However, the WTO rules stipulate that serious
injury to the local industry has to be proved first without which the measures
would be invalid.
The 25 per cent tariffs on steel and aluminium imposed by
Trump again last month nullify all
agreements of the past. The fresh duties affect an estimated $5 billion
of India’s engineering goods exports and are a threat to about $1 billion
worth of aluminium exports. In its last week’s submission to the WTO, India
pointed out that the US, on March 8, 2018, promulgated safeguard measures on
certain steel and aluminium articles by imposing 25 per cent and 10 per cent ad
valorem tariffs respectively which were revised, effective from March 12, 2025,
with an unlimited duration. “Notwithstanding
the US’ characterisation of these measures as security measures, they are in
essence safeguard measures,” India’s submission stated. It requested
consultations on the matter as it had “significant export interest...“India
hopes that it will have productive discussions with the US on the steel and
aluminium tariffs based on how things played out in the past,” a source
tracking the matter said.