India to Pay 10% US Tariff Under New Section 122 Proclamation: White House Urges Trade Partners to Honour Deals
Following the US Supreme Court's 6-3 ruling in Learning Resources, Inc. v. Trump (February 20, 2026) striking down IEEPA-based tariffs, India now faces a uniform 10% tariff (later raised to 15%) on its goods exported to the US under the new Section 122 proclamation
The Section 122 tariff applies universally to all countries — meaning India is no longer subject to the country-specific 18% rate that had been proposed under the interim India-US trade deal framework
The White House urged all trade partners to continue to abide by existing trade deals and commitments, even as the legal basis for many such deals (IEEPA authority) was voided
The Section 122 tariff has a 150-day limit (effective February 24, 2026 → approximately July 23, 2026) — Congress would need to act to extend it beyond this window
The administration indicated it would continue pursuing alternative tariff authorities (Section 232, Section 301) for country-specific measures against nations engaged in unfair trade practices
Section 232 and Section 301: Remaining Presidential Tariff Tools
With IEEPA struck down, the White House indicated it would rely on Section 232 (national security) and Section 301 (unfair trade practices) for targeted, country-specific tariffs. Both have been legally validated through prior court challenges.
Key Details
- Section 232, Trade Expansion Act of 1962: Authorises President to adjust imports that threaten "national security"; no duration limit or rate cap; used for steel (25%) and aluminium (10%) tariffs from 2018; India-US Section 232 steel tariff dispute resulted in India imposing retaliatory tariffs on US goods in 2018
- Section 301, Trade Act of 1974: Authorises action against "unreasonable or discriminatory" foreign trade practices; used extensively against China (tariffs of 25-100% on $370 billion+ of Chinese goods from 2018 onwards); India was also placed on the Section 301 "Priority Watch List" (and removed after some IP reforms)
- Section 201, Trade Act of 1974: Safeguard measures for sudden import surges; requires ITC (International Trade Commission) investigation; 4-year limit; WTO-consistent if followed properly
- Section 122, Trade Act of 1974: Balance-of-payments emergency, up to 15%, up to 150 days — the current tool in use
- The Section 232/301 pathway would allow Trump to restore country-specific higher tariffs on selected countries after the Section 122 window closes
India's 10-15% tariff rate under Section 122 is a temporary condition — once the 150 days expire, India could face re-imposition of higher tariffs under Section 232 or 301 if the US administration classifies Indian trade practices as unfair or a national security concern.
India-US Bilateral Trade: Structure and Strategic Dimensions
India-US trade relations have evolved from a Cold War-era distance to the world's third-largest bilateral trade relationship, with growing strategic convergence under the Quad framework, technology partnerships, and defence cooperation.
India's trade surplus with the US creates structural tariff pressure regardless of which authority the US uses — the interim trade deal, now disrupted, was partly intended to address this imbalance through Indian purchase commitments (energy, defence equipment) that would reduce the measured deficit.
Balance of Payments: Concept and India's Position
Section 122 is specifically designed to address US balance-of-payments (BoP) deficits. Understanding BoP is essential for UPSC — both as an economic concept and in the context of international trade negotiations.
The US administration's invocation of Section 122 on balance-of-payments grounds is legally cognate with WTO's BoP safeguard provisions — suggesting a potential WTO-compatible justification for the 150-day tariff period, limiting India's options for a WTO challenge during this window.
India-US Trade Deal: Timeline and Unresolved Issues
The interim India-US trade deal framework was the most significant bilateral trade development in the relationship's recent history, but the Supreme Court ruling has injected uncertainty into its implementation timeline and structure.
The White House's urging of trade partners to "abide by trade deals" is partly directed at India — signalling that US expects India to honour purchase commitments (energy, defence) agreed informally as part of the interim deal framework even as the tariff schedule shifts.
- India's tariff rate: 18% (IEEPA-based interim deal) → 10% (Section 122 initial) → 15% (raised same day)
- Section 122 duration: 150 days from February 24, 2026 (expires approximately July 23, 2026)
- India-US bilateral trade: approximately $190 billion (goods + services, 2024-25)
- India's trade surplus with US: approximately $35-40 billion (goods)
- India's goods exports to US: approximately $80 billion; top sector: engineering goods, pharma, textiles
- US goods trade deficit (2024): approximately $1.1 trillion — world's largest
- Section 232 tariffs on steel: 25% (2018 onwards); India-US steel dispute active
- India's forex reserves: approximately $650-680 billion (early 2026)
- India's remittances received (2024): approximately $120 billion — world's largest recipient
- IEEPA struck down: February 20, 2026, Learning Resources, Inc. v. Trump, 6-3 ruling