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14th May 2025 (12 Topics)

India Notifies WTO of Plan to Retaliate Against U.S. Metal Tariffs

Context

In a significant trade development, India has formally notified the World Trade Organization (WTO) of its decision to suspend trade concessions extended to the United States. This move comes as a counteraction to continued U.S. safeguard tariffs on Indian steel, aluminium, and related products.

What are these U.S. Tariffs?

  • Since 2018, the U.S. has imposed tariffs on steel and aluminium imports citing national security concerns (Section 232 of U.S. Trade Law).
  • These tariffs were renewed in February 2025 through a presidential proclamation, continuing to hurt India’s exports.
  • Although the U.S. presents them as “national security” measures, India classifies them as safeguard measures in disguise, meant to protect the U.S. industry from competition rather than security threats.

Why is India retaliating?

  • India estimates that these tariffs have impacted USD 7.6 billion worth of Indian exports, resulting in USD 1.91 billion in additional duties paid by Indian exporters.
  • India now seeks to recover this economic loss by increasing tariffs on selected U.S. products as a WTO-sanctioned countermeasure.
  • India’s trade tools under WTO
    • Retaliatory Tariffs: Suspension of concessions under WTO Articles
    • WTO Dispute Settlement: Legal complaint to challenge WTO violations
    • Bilateral Consultations: Attempt to resolve dispute before formal action
    • Truce Agreements: Temporary resolution to avoid escalation

Key Concepts and Doctrines

  • Safeguard Measures (WTO): These are temporary restrictions (usually tariffs or quotas) imposed by a WTO member on imports to protect a domestic industry from a sudden surge in imports causing serious injury. They are regulated by Article XIX of GATT & the WTO Agreement on Safeguards.
  • Right to Retaliate (Article 12.5): If proper consultation and notification under Article 12.3 is not followed, the affected member can suspend concessions (i.e., retaliate). India's current action is based on this clause, as the U.S. extended tariffs without prior discussions.
  • Most Favoured Nation (MFN) Principle: Under WTO rules, a country must treat all trading partners equally unless part of a regional/trade agreement or allowed by exceptions (e.g., safeguard or retaliatory measures). India’s selective tariff hike against the U.S. is an exception permitted under retaliation provisions.
  • Trade Retaliation: It is a form of countermeasure where a country withdraws previously granted trade benefits or imposes new tariffs in response to perceived violations. It is allowed under WTO but must be proportionate and reported.
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