Site icon Policy Circle

India-US trade deal: Tariff relief cannot mean surrender

India-US trade deal, Section 301 tariffs, India trade policy

The India-US trade deal may cut tariff risk, but India must not trade policy autonomy for short-term relief.

The India-US trade deal has moved from aspiration to deadline politics. Washington may spare New Delhi from additional Section 301 tariffs if an interim pact is concluded before July 24. That date matters because the current temporary 10% tariff framework is expected to lapse then. The levy was imposed under Section 122 of the Trade Act as a temporary bridge after the IEEPA route was closed by the US Supreme Court. The proposed arrangement would reportedly cap India’s tariff exposure at a negotiated level, around 18%, even if Washington later invokes Section 301 against India.

Section 301 of the Trade Act of 1974 allows the US Trade Representative to act against foreign government practices it considers unjustifiable, unreasonable, discriminatory, or restrictive of US commerce. The provision has been used for disputes over intellectual property, market access, digital rules, industrial policy, forced labour, and manufacturing overcapacity. The USTR has opened recent Section 301 investigations into forced-labour import enforcement and structural excess capacity.

READ | US-India tariff deal: What it means for Indian economy

Section 301 pressure

India has already objected to the unilateral Section 301 process. New Delhi has argued that such concerns should be addressed bilaterally when formal trade negotiations are in progress. It has also sought termination of the investigations against it.

The current US scrutiny is not abstract. It has reportedly touched petrochemicals, steel, solar modules, textiles, health products, construction goods, and automobiles, turning industrial policy into a tariff-risk issue.

The instrument has acquired new importance after the US Supreme Court held in February 2026 that the International Emergency Economic Powers Act does not authorise the President to impose tariffs. That ruling weakened one route for unilateral tariff action. Section 301 has since become the cleaner legal vehicle.

Non-tariff barriers remain the immediate sticking point. The US has complained about India’s quality-control orders, licensing, agricultural restrictions, customs practices, and regulatory opacity. India has raised concerns over visas, export controls, pharmaceuticals, and technology access. The interim pact may settle some irritants. It will not settle the asymmetry.

READ | US-India trade: Weaponised tariffs put export growth at risk

India-US trade deal: Negotiations enter final stretch

The US is India’s most important trade partner. Goods trade alone touched an estimated $149.4 billion in 2025. US exports to India were $45.6 billion, while imports from India were $103.8 billion. The larger strategic ambition is far higher: both countries have spoken of taking bilateral trade to $500 billion by 2030.

This explains the urgency. The US wants supply chains less dependent on China. India wants tariff certainty, market access, and a better position against Asian competitors. Neither side wants a collapse. But Washington wants leverage to survive the deal.

India’s objective is not merely to avoid punishment. It also wants a tariff structure that gives its exporters an advantage over Asian competitors such as Bangladesh, Pakistan, and Sri Lanka in labour-intensive sectors.

A US delegation led by Brendan Lynch is in New Delhi for talks with Indian officials. India’s negotiating team is led by Darpan Jain of the commerce department. The discussions are expected to cover market access, customs facilitation, investment, digital trade, and non-tariff barriers. Commerce minister Piyush Goyal has said large parts of the agreement have been finalised.

US officials have sounded more confident. Secretary of State Marco Rubio has said the talks are near completion. US envoy Sergio Gor has suggested that only a small part remains unresolved. If the pact is ready, US Trade Representative Jamieson Greer may travel to India to close it.

READ | US-India trade deal nears; digital, dairy disputes weigh

India-US trade deal must protect policy space

The larger shift is in US trade policy. Washington is no longer relying only on comprehensive free trade agreements. It is moving towards narrower, enforceable, sector-specific arrangements. These preserve the threat of tariffs. They reduce uncertainty but do not remove it.

That is the core problem with the interim pact. It may give India relief from immediate tariff escalation. It may help exporters and investors. It may also require concessions on tariffs, regulation, digital trade, and strategic alignment. The cost of those concessions must be measured against the benefit of temporary protection from unilateral action.

The caution from trade experts is therefore justified. India should not sign a one-sided arrangement merely to avoid Section 301 pain. Relief that lasts a few months cannot be exchanged for commitments that bind industrial policy, digital regulation, agriculture, or public procurement for years.

There are precedents. Countries with trade agreements with the US have still faced tariff threats and investigations. In the present American approach, a trade agreement is not always a stable framework. It can also be a tactical instrument.

India has reason to be careful. It walked out of the Regional Comprehensive Economic Partnership (RCEP) because it feared import surges and weak safeguards, especially for dairy. That instinct should not vanish because the pressure now comes from Washington rather than Beijing.

The test is in the fine print. Does the interim pact merely buy time, or does it narrow India’s choices? Does it protect exporters, or does it lock India into future concessions? Does it shield India from US tariff volatility, or only postpone the next threat?

The July 24 deadline should not become the argument for haste. India needs the US market. It also needs policy room. A trade deal that recognises both would be useful. A deal that trades autonomy for temporary tariff relief would not.

READ | Trump-Munir optics undermine US-India ties

Exit mobile version