<\/div>\n<\/div>\n<\/div>\n

India has said that notwithstanding the USA’s characterisation of these measures as security measures, they are in essence safeguard measures.<\/p>\n

It has also stated that America has failed to notify the WTO Committee on Safeguards under a provision of the Agreement on Safeguards (AoS) on taking a decision to apply safeguard measures.<\/p>\n

“The U.S. 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 (U.S.) 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 U.S.,” America has said in a communication, dated April 17, to the trade body.<\/p>\n

The U.S. also said that Section 232 is a national security statute, and the tariffs are being kept in place under the security exception allowed under a provision of the General Agreement on Tariffs and Trade (GATT) 1994.<\/p>\n

It added that the tariffs were not imposed under a provision of the Trade Act of 1974, which is the law under which the U.S. imposes safeguard measures.<\/p>\n

“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,” the U.S. added.<\/p>\n

“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”.<\/p>\n