The United States told the World Trade Organization (WTO) that its decision to impose steel and aluminum tariffs on imports was based on national security considerations rather than being categorized as safeguard measures. The stance was conveyed to the WTO in reply to a consultation request from India.
On Wednesday, the United States explained that the tariffs were enacted under Section 232 of the trade law, which empowers the President to limit imports that pose a risk to national security.
India contended in its request that, regardless of Washington’s justification based on national security, the measures effectively qualify as safeguard actions. Furthermore, India asserted that the United States failed to meet its obligation to inform the WTO Committee on Safeguards, as required under the Safeguards Agreement, after implementing such measures.
The United States emphasized that India’s consultation request under Article 12.3 of the Agreement on Safeguards is based on the assumption that the tariffs are safeguard measures. However, the communication clarified that the President imposed tariffs on steel and aluminum under Section 232 of the trade law, determining that they were essential to adjust imports of these goods that posed a threat to U.S. national security.
The U.S. also provided a comparable response to the European Union’s consultation request regarding the measures.
On March 8, 2018, the United States enacted safeguard measures on specific steel and aluminum products, introducing ad valorem tariffs of 25% and 10%, respectively, which came into effect on March 23, 2018. The measures were later revised on February 10, 2025, and the updates took effect on March 12, 2025.
The United States affirmed that the actions are not implemented under emergency provisions and do not qualify as safeguard measures. As a result, it asserted that requests for consultations under the Agreement on Safeguards are not applicable to these measures.
LOGISTICS AND INDUSTRY | US to Impose Port Fees on Chinese Ships to Boost Industry
