
India told the USTR its proposed 12.5% tariff is built on weak evidence and improper methodology. New Delhi wants bilateral talks instead of unilateral measures. The USTR will decide later.
India formally objected to the U.S. Trade Representative's proposed 12.5% tariff on Indian goods, arguing the investigation rests on weak evidence and an improper methodology. The government asked that any trade concerns be handled through bilateral negotiations instead of unilateral measures.
Joint Secretary in the Department of Commerce Brij Mohan Mishra, speaking at a USTR public hearing on July 8, said the agency had not met the legal standard under Section 301(d) of the Trade Act. A country cannot be penalized simply for lacking a forced-labor import ban without evidence that the absence causes competitive harm, he argued.
"The USTR has not satisfied the relevant legal standards," Mishra said, according to a transcript published on the USTR website. "A mere absence of a forced labour import prohibition without evidentiary basis of other statutory requirements cannot be construed as unreasonable."
The USTR launched Section 301 investigations into forced labor and excess industrial capacity on March 11 and 12, 2026, covering 60 economies. On June 3 it proposed tariffs: 10% on Canada, Ecuador, the European Union, Indonesia, Mexico, and Pakistan, and 12.5% on 54 others including India and China. The measure remains a proposal.
India's core objection is that the USTR lumped 46 economies into a single category without country-specific evidence. The report relies on case studies from a handful of countries and broad trade patterns, Mishra said. It does not link flagged imports to actual forced labor or show how those imports reach the United States.
"In relation to India, there is inadequate and insufficient evidence that lack of forced labour import ban causes an unfair competitive advantage to the detriment of the American industry," he said.
The Commerce Ministry asked the USTR to reconsider the tariff and instead address any trade concerns through the India-U.S. bilateral trade negotiation framework. India remains willing to engage through consultation and dialogue, Mishra added.
Shreyans Gupta, First Secretary at the Indian Embassy in Washington, D.C., spoke for the Agricultural and Processed Food Products Export Development Authority. He said the USTR's observations on rice imports were off base. India's rice imports are tiny – less than 3% of the value of its rice exports to the United States – and serve niche demand. Exports of imported rice are blocked by regulatory checks; only rice from mills registered with the agriculture ministry can be exported.
"For these reasons, the present investigation against India may be rescinded without prejudice," Gupta said. He asked for an exemption for Indian rice if the tariff proceeds.
Industry chambers Ficci and CII also submitted objections. Ficci said the tariff would raise costs for U.S. manufacturers, importers, retailers, and consumers, not just Indian exporters. Higher tariffs will increase costs for businesses that already follow compliance standards, the chamber said. CII argued that the USTR report does not establish that India's policy framework burdens U.S. commerce.
The proposed tariff carries real economic weight. India exported about $87 billion in goods to the United States in 2025, making the U.S. its largest trading partner. A 12.5% duty would hit sectors such as textiles, pharmaceuticals, engineering goods, and agricultural products. Indian rice exports, already under pressure from global oversupply, would face an additional hurdle if the exemption is not granted.
The USTR will consider the comments and testimonies before a final decision. No timeline has been set for the ruling.
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