Trade Remedies As Shock Absorbers: Assessing The Legality Of India’s Anti-Dumping And Countervailing Measures To Cushion 50% U.S. Tariffs Under WTO Law
- IJLLR Journal
- Aug 18
- 1 min read
Tonish Singh, Junior Research Fellow, Department of Law, MDU, Rohtak
ABSTRACT
The recent escalation of United States tariffs on Indian exports most notably the increase of Section 232 steel and aluminium duties to 50 percent has intensified pressure on India’s export sectors. While these measures are framed as national security actions, their economic effect resembles a trade shock with immediate consequences for India’s competitiveness. This paper examines whether India can lawfully deploy its anti-dumping and countervailing measures as “shock absorbers” to mitigate the adverse effects of such tariffs without breaching its obligations under the World Trade Organisation (WTO) framework. Using a doctrinal analysis of the GATT 1994, the Anti-Dumping Agreement, and the Agreement on Subsidies and Countervailing Measures, combined with case law and India’s historical practice, the study evaluates the permissible scope for such measures. It also considers procedural safeguards, evidentiary burdens, and the risk of WTO dispute settlement challenges. The findings suggest that while legal space exists, its use requires rigorous compliance with investigative standards to avoid retaliation claims. The paper concludes by recommending a calibrated approach integrating trade remedies with broader industrial and diplomatic strategies to enhance economic resilience while remaining within WTO legal boundaries.
