G/L/1239  
G/SG/N/12/IND/1  
18 May 2018 
(18-2990) Page: 1/4 
Council for Trade in Goods  
Committee on Safeguards  Original:  English  
 
  
IMMEDIATE NOTIFICATI ON UNDE R ARTICLE 12.5 OF TH E AGREEMENT  
ON SAFEGUARDS TO TH E COUNCIL FOR TRADE IN GOODS OF  
PROPOSED SUSP ENSION OF CONCESSION S AND OTHER  
OBLIGATIONS  REFERRED TO IN PARAGRAPH 2  
OF ARTICLE 8 OF THE AGREEMENT  
ON SAFEGUARDS  
INDIA 
The following communication, dated 18 May 2 018, is being circulated at the reque st of the 
Delegation of India. 
 
_______________  
Pursuant to Article 12.5 of the Agreement on Safeguards, India wou ld like to hereby notify 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 . This notification is made in connection with 
safeguard measures imposed by th e United States of America ("United States") on imports of 
certain aluminum and steel articles, vide Presidential Proclamation Nos. 9704 and 9705 (dated 
8 March , 2018) , respectively  with the effective date of 2 3 March , 2018.  
 
Pursuant to Article 12.5 of the  Agreement on Safeguards, and in accordance with the agreed 
format for notification (G/SG/1/Rev.1 ( 5 November 2 009)), India proposes to suspend concessions 
and other obligations as provided for in Article 8.2.  
 
1. Which Member is proposing suspension of co ncessions 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 pro posing suspension of concessions and other obligations referred 
to in Article 8.2  
The measures at issue were imposed by the United States as a definitive safeguard measure on 
imports of:  
a) "Aluminum Articles " defined in the Harmonized Tariff Schedule (HTS ) as: (a) unwrought 
aluminium (HTS 7601) ; (b) aluminium bars, rods, and profiles (HTS 7604) ; (c) aluminium wire 
(HTS 7605) ; (d) aluminium plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607) ; 
(e) aluminium tubes and pipes and tube and p ipe fitting (HTS 7608 and 7609) ; and (f) aluminium 
castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent revisions 
to these HTS classifications.  
The measure was issued through Proclamation No. 9704 of 8 March 2 018, 83 Fed . Reg. 11619 
(8 March 2 018), published on 1 5 March , 2018, and with the effective date of 2 3 March , 2018.  G/L/1239 • G/SG/N/12/IND/1  
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  b) "Steel Articles " defined at the Harmonized Tariff Schedule (HTS) 6 -digit level as : 7206.10 
through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 t hrough 7302.90, and 7304.10 
through 7306.90, including any subsequent revisions to these HTS classifications.  
 
The measure was issued through Proclamation No. 9705 of 8 March 2 018, 83 Fed . Reg. 11625 
(8 March 2 018), published on 1 5 March , 2018, and with the effective date of 2 3 March , 2018.  
 
India takes the view that the above -mentioned measures of the United States are safeguard 
measures although they are in the name of national security . India believes the measures taken 
by the United States are not con sistent with its obligations under the relevant provisions of the 
GATT 1994 and Safeguards Agreement.  
 
The United States has not notified the measures at issue to the WTO.  
 
3. Describe the proposed suspension of concessions and other obligations referred t o in 
Article 8.2 and the proposed date from which it will come into effect  
India hereby notifies the Council for Trade in Goods of its decision to suspend concessions or other 
obligations under Article XIX:3 of the General Agreement on Tariffs and Trade 19 94 (GATT 1994) 
and Article 8.2 of the Agreement on Safeguards, that are substantially equivalent to the amount of 
trade affected by the measures imposed by the United States . The proposed suspension of 
concessions or other obligations takes the form of an increase in tariffs on selected products 
originating in the United States (as indicated in Annex I and calculated as indicated in Annex II), 
based on the measures of the United States . India reserves its right to further suspend 
substantially equivalent co ncessions and other obligations based on the measures of the 
United  States.  
The suspension will come into effect earlier than 2 1 June , 2018, in case the United States decides 
to continue the period of application of the measures in accordance with Article 7 of the Agreement 
on Safeguards . The suspension of concessions will continue to apply until the United States ' 
safeguard measures are lifted.  
India notes that the United States declined India 's request for consultations . Thus, consultations 
within the mea ning of Article 12.3 of the Agreement on Safeguards have not taken place . The 
United States has thereby imposed definitive safeguard measures without giving affected Members 
any opportunity for consultations on the proposed safeguard measures and without t he possibility 
of adjusting the measures in light of the comments of those Members.  
India also considers that various other aspects of the measures are inconsistent with the 
United  States ' obligations under Article XIX of the GATT 1994 and the Agreement on  Safeguards.  
India hereby reserves its right under Articles 8.2 and 8.3 of the Safeguards Agreement to suspend 
the application of substantially equivalent concessions or other obligations under the 
GATT  1994.Without prejudice to the effective exercise of i ts right to suspend substantially 
equivalent concessions or other obligations referred to in Article 8.2, India reserves its right to 
effectuate the proposed suspension immediately and adjust the products as well as the tariff rates.  
India will inform both  the Council for Trade in Goods and Committee on Safeguards on the next 
appropriate steps.  
  G/L/1239 • G/SG/N/12/IND/1  
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Annex I  
The goods covered are determined, within the Annex, by HS codes.  
S. No.  HS Codes  Article Description  Additional Duty  
1 071310  Peas (Pisum Sativum ) Dried and Shelled  5 
2 071320  Chickpeas (Garbanzos) Dried and Shelled  5 
3 080131  Cashew Nuts Fresh /Dried in shell  10 
4 080211  Almonds fresh or dried in shell  10 
5 080212  Shelled almonds fresh or dried  20 
6 080231  Walnuts fresh or dried in shell  100 
7 080232  Shelled Walnuts fresh or dried  100 
8 080810  Apples fresh  30 
9 090111  Coffee Other, Neither Roasted nor Decaffeinated  5 
10 090111  Coffee Rob Parchment Other Grade  10 
11 100199  Wheat  5 
12 150710  Soya Bean Crude Oil W/N Degummed  5 
13 151190  Refined Bleached Deodorised Palmolein  10 
14 180100  Cocoa Beans Whole/Broken Raw/Roasted  10 
15 180400  Cocoa Butter Fat and Oil  10 
16 180500  Cocoa Powder not Containing Sugar/Sweetening Material  10 
17 180690  Chocolate and Chocolate Products  10 
18 870310  Vehicles specially designed for travelling on snow; golf car 
and other similar vehicles  50 
19 870431  Other goods vehicles, with spark -ignition internal combustion 
piston engine g.v.w. <= 5 ton: other  vehicles  50 
20 871150  Motor cycle etc with reciprocating internal combustion piston 
engine of a cylinder capacity>800 cc  50 
 
  G/L/1239 • G/SG/N/12/IND/1  
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Annex II  
The substantially equivalent concessions or other obligations under GATT 1994 were calculated as 
follows:  
1. The effects on trade due to the measures of the United States on India's steel and 
aluminium export were calculated as follows : (based on the export value in 2016 -17; in 
million  US dollars).  
Affected Products  India's Exports  
to the U.S  The U.S. increase in 
Duty  Duty Collected  
(In US$)  
Aluminium Products  311.65  10% 31.16 
Steel Products  537.51  25% 134.4  
Total  849.16   165.56  
 
2. The effects on trade due to application of substantially equivalent concessions on India's 
imports originating in the U.S  were calculated as follows : (based on the import value in 
2016; in million  US dollars).  
The Goods Description  India's 
Imports 
Originating in 
the U.S.  India's 
Increase in 
Duty  Duty 
Collected  
Peas (Pisum Sativum) Dried and Shelled  1205.58  5 60.3 
Chickpeas (Garbanzos) Dried and Shelled  907.01  5 45.4 
Cashew Nuts Fresh /Dried in shell  1317.62  10 131.8  
Almonds fresh or dried in shell  518.3  10 51.8 
Shelled almonds fresh or dried  24.8 20 5.0 
Walnuts fresh or dried in shell  32.66  100 32.7 
Shelled Walnuts fresh or dried  0.23 100 0.2 
Apples fresh  70.1 30 21.0 
Coffee Other, Neither Roasted nor Decaffeinated  45.98  5 2.3 
Coffee Rob Parchment Other Grade  44.21  10 4.4 
Wheat  1268.64  5 63.4 
Soya Bean Crude Oil W/N Degummed  2791.16  5 139.6  
Refined Bleached Deodorised Palmolein  2191.94  10 219.2  
Cocoa Beans Whole/Broken Raw/Roasted  78.87  10 7.9 
Cocoa Butter Fat and Oil  36.42  10 3.6 
Cocoa Powder not Containing Sugar/Sweetening 
Material  30.45  10 3.0 
Chocolate and Chocolate Products  22.85  10 2.3 
Vehicles specially designed for travelling on snow; golf 
car and other similar vehicles  0.8 50 0.4 
Other goods vehicles, with spark -ignition internal 
combustion piston engine g.v.w. <= 5 ton: other 
vehicles  0.0 50 0.0 
Motor cycle etc  with reciprocating internal combustion 
piston engine of a cylinder capacity>800 cc  11.6 50 5.8 
 
India wishes to clarify that suspension of concessions shall be equivalent to the amount of trade 
affected by the United States ' measures . To this end, India reserves the right to adjust the specific 
products for which suspension of concessions is effectuated, and its right to adjust the additional 
rate of duty imposed on such products.  
 
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