US Trade Law Architecture
Key Statutes and Their India Implications
The US has multiple legal instruments for imposing tariffs — each with different constitutional authority, standards, and scope.
- Section 232 (Trade Expansion Act 1962): National security-based tariffs; used for 25% tariffs on steel and aluminium (2018); India is challenging these at WTO (DS585); ongoing safeguard exemptions for allies.
- Section 301 (Trade Act 1974): For "unfair" foreign trade practices (especially IP violations); used against China since 2018 (~USD 370 billion in Chinese goods under 25% tariffs); India is on the Special 301 Priority Watch List but not yet subject to Section 301 tariffs.
- Section 201 (Trade Act 1974): Safeguards (temporary protection for domestic industries from import surge) — WTO-consistent in principle but subject to dispute.
- Section 122 (Trade Act 1974): Balance-of-payments tariffs — up to 15%, for up to 150 days; used immediately after IEEPA ruling to maintain a 10% baseline.
- IEEPA (1977): Now ruled to not cover tariffs; still usable for other economic emergency measures (asset freezes, sanctions, blocking transactions).
- India's MFN tariff exposure: Under Section 122, India faces a uniform 10% additional tariff; under the India-US interim deal, further reductions to 18% overall were being negotiated.
● Tracked since February 21, 2026 · last seen February 25, 2026 · updates as the daily brief publishes
See it in today’s brief.
Daily current affairs with every static concept explained in place.
Read the daily brief