The US has informed the WTO that its steel and aluminium tariffs were imposed for national security, not as a safeguard measure, challenging India’s complaint. India argues the tariffs are essentially safeguards, requiring WTO notifications and consultations. The US maintains it acted under a national security statute, shielding the move from WTO scrutiny.
India filed a request with the WTO on the 11th of this month, seeking consultations over the U.S. tariffs, arguing that they should be treated as safeguard measures under WTO rules.
In its response yesterday, the U.S. maintained that the tariffs were imposed under Section 232 of U.S. law to protect national security, not under the safeguard provisions of the Trade Act of 1974. The U.S. argued that the tariffs are justified under the national security exception in the General Agreement on Tariffs and Trade (GATT) 1994.
The U.S. further stated that it is not using safeguard measures, so there is no basis for consultations under the Safeguards Agreement. India has argued that the U.S. failed to notify the WTO’s Committee on Safeguards about the measures, as required.