Duties on steel, aluminium not safeguard measures: US tells India at WTO

India previously sought WTO consultations on US metal tariffs. The US responded, saying the measures are rooted in national security, not safeguard provisions

The United States informed the World Trade Organisation (WTO) that its decision to levy tariffs on steel and aluminium was based on national security considerations and not to be interpreted as safeguard measures. This position was communicated to the WTO in response to a consultation request by India, news agency PTI reported.

 

India seeks safeguards consultations

India formally approached the WTO on April 11, seeking consultations with the US under the WTO's Agreement on Safeguards. In its request, India argued that despite Washington’s claims of national security, the measures are, in substance, safeguard actions.

India also mentioned that the US did not fulfil its obligation to notify the WTO Committee on Safeguards under the relevant provisions of the Safeguards Agreement after deciding to apply such measures.

 

 

US cites national security grounds

Responding through a communication dated April 17, the US maintained its stance, stating, “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 (US) President imposed the tariffs on steel and aluminium pursuant to Section 232, under which the President determined that tariffs are necessary to adjust imports of steel and aluminium articles that threaten to impair the national security of the US.”

The US clarified that Section 232, a national security statute, was invoked to impose these tariffs, and not any clause related to trade safeguard measures under the Trade Act of 1974. 

Not safeguard measures, US asserts

The US further explained that these actions do not fall under the purview of safeguard or emergency action provisions. “The United States is not maintaining these actions pursuant to the safeguards / emergency action provision...These actions are not safeguard measures and, therefore, there is no basis to conduct consultations under the Agreement on Safeguards with respect to these measures,” it said. 

Despite rejecting India’s legal basis, the US said it remained open to dialogue. “Accordingly, India’s request for consultations...has no basis in the Agreement on Safeguards,” it said adding “nonetheless, we are open to discuss this or any other issue with India”.

Timeline of tariff actions

The United States announced tariffs on steel and aluminium imports from India as part of broader tariffs imposed globally under the Trump administration. The initial announcement was made on March 1, 2018, when then-President Donald Trump declared a 25 per cent tariff on steel and a 10 per cent tariff on aluminium imports citing national security concerns under Section 232 of the Trade Expansion Act of 1962. The tariffs officially took effect after March 23, 2018, following Trump’s signing of the order on March 8, 2018.       

  India was included in these global tariffs without exemption, unlike some countries such as the EU, Canada, and Mexico, which initially received temporary exemptions. These tariffs significantly impacted India’s steel and aluminium exports to the US, leading India to seek relief and negotiate exemptions in subsequent years. 

Additionally, in 2025, the Trump administration expanded and intensified these tariffs. On February 10, 2025, President Trump issued proclamations raising the aluminium tariff from 10 per cent to 25 per cent and ending all country exemptions, including for India. These expanded tariffs on steel and aluminium and their derivative products became effective from March 12, and with no set expiration date. 

These measures have been part of ongoing trade tensions and negotiations between the US and India regarding metal exports.

 

[With agency inputs]