India gets 10% US tariff in forced labour trade action, avoids higher rate
Synopsis
Key Takeaways
India will face a 10 per cent tariff — the lower of two rates — under the Trump administration's new Section 301 enforcement action targeting forced labour imports, after the United States determined that New Delhi had adopted a forced labour import prohibition during the course of the investigation. The new duties took effect on 24 July and place India in a more favourable category than dozens of other trading partners.
What the USTR Action Covers
The Office of the US Trade Representative (USTR) announced on Thursday, 24 July that, at President Donald Trump's direction, it is imposing tariffs on imports from 60 economies for failing to prohibit or effectively enforce bans on goods produced with forced labour. The new duties range from 10 per cent to 12.5 per cent, depending on each country's forced labour import regime. The action covers the top 60 US trading partners, which together account for 99.4 per cent of total US imports.
India's Position in the Lower-Rate Category
India is one of 17 economies subject to the lower 10 per cent tariff, alongside Bangladesh, Canada, Indonesia, Malaysia, Mexico, Pakistan, Sri Lanka, and the United Kingdom, among others. According to the USTR, India moved into this category after adopting a forced labour import prohibition following the publication of the agency's proposed action in June. Cambodia, Guatemala, Honduras, Sri Lanka, and Trinidad and Tobago similarly adopted such prohibitions after investigations began, while Jordan committed to equivalent measures through an Agreement on Reciprocal Trade.
What the US Trade Representative Said
US Trade Representative Jamieson Greer stated: 'President Trump recognises that decades of moral suasion have not eradicated forced labour from global supply chains. The United States has had a forced labour import ban for nearly a century, and rigorously enforces it; it's well past time for our trading partners to do the same.' Greer added that he was 'encouraged by the trading partners who have moved quickly to adopt forced labour import prohibitions' and said he looks forward to 'ensuring their effective enforcement.'
Countries Facing the Higher 12.5% Rate
Most other investigated economies — including China, Australia, Brazil, Saudi Arabia, the United Arab Emirates, Vietnam, and South Africa — will face the steeper 12.5 per cent tariff. The European Union, Japan, South Korea, Switzerland, and Taiwan are subject to a different formula that applies tariffs net of existing Most-Favoured-Nation duty rates.
Exemptions and What Comes Next
The USTR announced broad product exemptions covering certain raw materials, goods critical to domestic supply chains, pharmaceuticals, and semiconductor manufacturing equipment — categories where tariffs could cause significant economic disruption or fail to advance the policy objective. Additional tariff-rate quotas are to be developed for Bangladesh, Cambodia, Indonesia, and Malaysia to encourage imports made with US textile and cotton inputs. The investigations that concluded with Thursday's action were launched on 12 March, included two rounds of public hearings, consultations with more than 45 governments, over 2,100 public comments, and testimony from more than 100 witnesses. The USTR formally determined on 2 June that the practices of all 60 economies were 'unreasonable' and burdened US commerce under Section 301 of the Trade Act of 1974.