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 30 October 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 by the United States
of America ("United States") on imports of copper products
vide Presidential Proclamation No. 10962 dated 30 July 2025, with the
effective date of 1 August 2025
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:
The safeguard measures were imposed by the
United States on imports of copper products vide Presidential Proclamation No.
10962 dated 30 July 2025, with the effective date of 1 August 2025. The
products subject to the measures are copper products, as specified by the
United States in the measures.[1]
The United States adopted this measure in the form of a 50% tariff on all
imports of copper products. The measure applies from 1 August 2025 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 on 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 takes 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$
182.54 million imports into the United States of the relevant products
originating in India, on which the duty collection would be US$ 87.82 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, 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.
India will inform both the Council for Trade
in Goods and Committee on Safeguards on the next appropriate steps.
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[1] The identification of the measures in this notification is without
prejudice to India's right to characterize the measure differently in further
or other procedures to include any other connected or related measure.