Copper Tariffs Not Safeguard Measures: US To WTO; Rejects India's Move To Suspend Concessions

In a formal response at the World Trade Organization, the United States has rejected India’s proposal to suspend tariff concessions on American goods, clarifying that its duties on copper imports are not "safeguard measures" under WTO rules.

In a communication to the WTO Committee on Safeguards dated Nov. 6, Washington said the tariffs were imposed under Section 232 of the U.S. Trade Expansion Act of 1962, a national security statute, and not under Section 201, which governs safeguard actions. "The President determined that tariffs are necessary to adjust imports of these articles that threaten to impair the national security of the United States," the US statement noted.

The US argued that since the copper tariffs fall under the essential security exception in Article XXI of the General Agreement on Tariffs and Trade (GATT 1994), they are exempt from the Safeguards Agreement. Consequently, "there is no basis for India’s proposal to suspend concessions or other obligations under Article 8.2," it said.

India had earlier notified the WTO of its intent to suspend certain duty concessions on US products, citing the copper tariffs as "safeguard measures" that warrant reciprocal action. However, the US communication emphasised that Article 8.2 only applies when a member imposes an actual safeguard measure, which it is "not applying" in this case.

The clarification narrows the room for India to retaliate under the Safeguards Agreement, though New Delhi is expected to continue pressing its case on tariff parity through other trade channels. The copper duties, part of a broader tariff regime linked to national security considerations, have been among the latest flashpoints in ongoing India–US trade discussions.