The United States has informed the World Trade Organization (WTO) that its tariffs on steel and aluminum imports were imposed for national security reasons — not as a safeguard measure. This distinction directly pushes back against a formal trade complaint recently filed by India, challenging the basis of the U.S. action.
In a communication dated April 17, the US said the tariffs were imposed under Section 232 of US trade law, which authorizes the President to restrict imports that threaten to impair national security.
"The US notes that the premise for India's request for consultations under Article 12.3 of the Agreement on Safeguards is that the tariffs are safeguard measures," the communication stated. “The President imposed the tariffs on steel and aluminum pursuant to Section 232, under which the President determined that tariffs are necessary to adjust imports of steel and aluminum articles that threaten to impair the national security of the US.”
The United States has pushed back against India’s recent complaint at the World Trade Organization (WTO), insisting that its tariffs on steel and aluminum were imposed on national security grounds—not as safeguard measures. The distinction is significant, as it determines the obligations the U.S. must meet under WTO rules.
India had formally requested consultations with the U.S. on April 11, arguing that regardless of how the tariffs are labeled, they function as safeguard measures. Such measures, India noted, come with specific responsibilities, including formal notification to the WTO and the opportunity for consultations.
“Even if the U.S. calls them security measures, they essentially operate as safeguards,” India claimed, pointing out that Washington failed to inform the WTO’s Committee on Safeguards, as required by the Agreement on Safeguards.
Responding to the accusation, the U.S. emphasized that the tariffs were enacted under Section 232—a national security statute—and are therefore protected under the security exceptions clause of the General Agreement on Tariffs and Trade (GATT) 1994. That clause permits member nations to take actions deemed necessary to protect their essential security interests.
Originally introduced in 2018, the tariffs have sparked ongoing legal challenges and criticism from several countries. By invoking national security rather than trade safeguards, the U.S. is attempting to keep the issue outside the WTO's disciplinary reach.
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