COMMUNICATION FROM THE UNITED STATES IN RESPONSE TO THE UNITED KINGDOM'S
NOTIFICATION PROPOSING TO SUSPEND CONCESSIONS UNDER
ARTICLE 8.2 OF THE AGREEMENT ON SAFEGUARDS

United States

The following communication, dated and received on 18 December 2025, is being circulated at the request of the delegation of the United States.

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The United States has received the United Kingdom's notification^*, dated 17 December 2025, under Article 12.5 of the Agreement on Safeguards regarding its proposed suspension of concessions or other obligations under Article 8.2, with respect to the tariffs imposed on imports of medium- and heavy-duty vehicles, medium- and heavy-duty vehicle parts, and buses (medium- and heavy-duty vehicles) pursuant to Section 232 of the Trade Expansion Act of 1962.

The United States notes that the premise for the United Kingdom's proposed suspension of concessions or other obligations under Article 8.2 is that the tariffs are safeguard measures for purposes of that Agreement. The President imposed the tariffs on medium- and heavy-duty vehicles pursuant to Section 232, under which the President determined that tariffs are necessary to adjust imports of these articles that threaten to impair the national security of the United States. Section 232 is a national security statute, and the United States is maintaining these actions pursuant to the essential security exception in Article XXI of the GATT 1994.

The United States did not take action pursuant to Section 201 of the Trade Act of 1974, which is the law under which the United States imposes safeguard measures.[1] The United States is not maintaining these actions pursuant to the safeguards / emergency action provision in Article XIX of the GATT 1994 and the Agreement on Safeguards. These actions are, therefore, not safeguard measures. Accordingly, there is no basis for the United Kingdom's proposal to suspend concessions or other obligations under Article 8.2 of the Agreement on Safeguards with respect to these measures.

Article 8.2 of the Agreement on Safeguards states, in relevant part, that an exporting Member shall be free to suspend, upon the expiration of 30 days from the day on which written notice of suspension of concessions is received by the Council for Trade in Goods, "the application of substantially equivalent concessions or other obligations under GATT 1994, to the trade of the Member applying the safeguard measure." However, the United States is not "applying [a] safeguard measure." Thus, by its terms, Article 8.2 cannot accommodate the United Kingdom's proposal.

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