IMMEDIATE NOTIFICATION UNDER
ARTICLE 12.5 OF THE AGREEMENT ON
SAFEGUARDS TO THE COUNCIL FOR TRADE IN GOODS OF PROPOSED
SUSPENSION OF CONCESSIONS AND OTHER OBLIGATIONS
REFERRED TO IN PARAGRAPH 2 OF ARTICLE 8
OF THE AGREEMENT ON SAFEGUARDS
India
The following communication, dated and received on 3 July 2025, is being
circulated at the request of the delegation of India.
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India hereby notifies the Council for Trade
in Goods of its proposed suspension of concessions and other obligations
referred to in Article 8.2 of the Agreement on Safeguards (AoS) under Article 12.5, AoS. This
notification is made in connection with safeguard measures extended by the
United States of America ("United
States") on imports of
automobile parts from India.
This notification is made in accordance with
the format for notification (_G/SG/1/Rev.1 dated 5 November
2009).
1. Which Member is proposing
suspension of concessions and other obligations referred to in Article 8.2:
India.
2. Specify the measure, the
product subject to the measure, the WTO document that notified the safeguard
measure, and the Member imposing the measure in relation to which the Member is
proposing suspension of concessions and other obligations referred to in
Article 8.2:
On 26 March 2025, the United States of
America ("United States") adopted a safeguard measure in the form of
a tariff increase of 25% ad valorem
on imports of passenger vehicles and light trucks, and on certain automobile
parts originating in or from inter alia
the India.[1]
These measures apply from 3 May 2025 as regards automobile parts, and
for an unlimited duration.
The measures have not been notified by the
United States to the WTO, but are, in essence, safeguard measures. India
maintains that the measures taken by the United States are not consistent with
the GATT 1994 and AoS. As consultations provided for under Article 12.3, AoS
have not taken place, India reserves the right to suspend concessions or other
obligations under Article 8, AoS that are substantially equivalent to the
adverse effects of the measure to India’s trade.
3. Describe the proposed suspension of concessions and
other obligations referred to in Article 8.2 and the proposed date from which
it will come into effect
The proposed suspension of concessions or other obligations would take
the form of an increase in tariffs on selected products originating in the
United States. Without prejudice to the effective exercise of its right to
suspend substantially equivalent obligations referred to in Article 8.2, AoS,
India reserves its right to suspend concessions or other obligations after the
expiration of thirty days from the date of this notification.
The safeguard measures would affect US$ 2895 million imports annually
into the United States of the relevant products originating in India, on which
the duty collection would be US$ 723.75 million. Accordingly, India's proposed
suspension of concessions would result in an equivalent amount of duty
collected from products originating in the United States.
To ensure the effective exercise of its right
to suspend substantially equivalent concessions or other obligations referred
to in Article 8.2, AoS India reserves its right to adjust the products as well
as the tariff rates. India reserves the right to withdraw, modify, supplement
or replace this notification, and/or make a further notification or
notifications as and when required, to ensure that the objective under Article
8, AoS is met at all times.
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[1] Presidential
Proclamation 10908, Adjusting Imports of Automobiles and Automobile Parts Into
the United States, 26 March 2025.