US Treasury Secretary Scott Bessent indicated that tariffs would return to previous levels using Section 301 of the US Trade Act of 1974.
The US had previously imposed International Emergency Economic Powers Act (IEEPA) tariffs on India, which were 25% before being reduced to 18% in February, shortly before the US Supreme Court ruled such tariffs illegal.
The United States Trade Representative (USTR) is conducting studies for Section 301 tariffs, and if successful, rates will revert to prior levels.
Washington has proposed 12.5% tariffs on India, expected to take effect on July 7, under Section 122 tariffs.
India is seeking a competitive edge in the new US tariff architecture, similar to the advantage gained under previous IEEPA tariffs.
Detailed Insights:
Indian negotiators are seeking clarity on Section 301 tariffs and a competitive advantage over other nations before finalizing a trade deal.
The USTR has initiated two broad Section 301 investigations focusing on forced labor and excess capacity.
Countries like India, China, the European Union, Japan, Vietnam, Taiwan, Switzerland, and South Korea are included in both Section 301 investigation lists.
Some countries, including Pakistan, Canada, Ecuador, the European Union, Indonesia, and Mexico, may face lower tariffs (10%) due to their commitment to addressing forced labor imports through an Agreement on Reciprocal Trade (ART).
India is actively pursuing other trade agreements, with the UK deal set to take effect next month and the EU deal by year-end.
The India-Oman trade deal became effective on June 1, and negotiations are ongoing with the Russia-led Eurasian Economic Union (EAEU), Canada, Peru, and Chile.
The USTR recently visited Uzbekistan, where an early harvest of trade commitments was agreed upon, though an India-US deal was not announced.
Key Concepts Involved:
Section 301 of the US Trade Act of 1974: A US trade law authorizing the President to take action against foreign countries engaging in unfair trade practices that burden or restrict US commerce.
International Emergency Economic Powers Act (IEEPA): A US federal law granting the President authority to regulate international economic transactions during a declared national emergency, though it does not authorize the imposition of tariffs.
United States Trade Representative (USTR): A US government agency responsible for developing and coordinating US international trade policy, and leading trade negotiations.
Agreement on Reciprocal Trade (ART): US-led bilateral trade arrangements outside the WTO framework that demand reciprocal tariff concessions, often under strategic pressure.