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India, US industry clash at USTR hearings over subsidies and overcapacity

21 May 2026
2 min

Indo-US Trade Tensions: Section 301 Hearings

The Office of the United States Trade Representative's (USTR) Section 301 hearings have become a contentious point in Indo-US trade relations. American industry groups are advocating for punitive tariffs on Indian goods, alleging state-backed overcapacity and unfair subsidies. Indian officials, however, argue that their manufacturing expansion is market-driven and compliant with global trade rules.

Allegations by American Industry

  • Steel Sector: Jeremy Hekhuis, representing the American Iron and Steel Institute, claimed India heavily subsidizes its steel sector, similar to China's approach. He mentioned India's significant export growth in 2025, despite a market focused on domestic growth, supported by subsidies and export incentives. 
  • Manganese Ferroalloys: Nicholas Fell from Eramet Marietta highlighted that Indian producers have substantial overcapacity, with rising imports since 2023. He proposed targeted Section 301 tariffs to maintain fair competition and support domestic production. 
  • Solar Industry: Laura El-Sabaawi from Wiley Rein noted Indian solar producers benefit from export subsidies and tax exemptions, allowing them to exceed domestic demand with a manufacturing capacity on track to surpass 125 gigawatts annually. 
  • Iron and Plastics: Brad Muller of Charlotte Pipe and Foundry suggested imposing a 145% ad valorem tariff to ensure competition, emphasizing unfair incentives from India and China. 

Indian Response

  • Legal Arguments: James Nedumpara argued that the investigation lacks a statutory basis, as no specific Indian government policy or practice was identified as actionable. 
  • Balanced Trade Profile: Vinnie Mehta highlighted India's balanced auto component trade, with exports and imports nearly equal, negating claims of overcapacity. 
  • Domestic Consumption: In the seven sectors under investigation, domestic consumption accounts for 90% of India's production, as per the OECD's 2025 outlook. 

Sector-Specific Defense

  • Solar Modules: India holds 3% of global manufacturing capacity, driven by domestic demand, not overproduction. 
  • Pharmaceuticals: India's share of US pharmaceutical imports is 7.1%. 
  • Textiles: Apparel exports are based on commercially negotiated supply chains, not state-directed production. 

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Statutory Basis

The legal foundation or authority under which an action or investigation is conducted, requiring specific laws or regulations to justify the proceedings.

Ad Valorem Tariff

A tariff calculated as a fixed percentage of the value of the imported goods, as opposed to a specific tariff which is a fixed amount per unit.

Unfair Subsidies

Financial assistance provided by a government to its domestic industries that distorts competition by giving them an artificial cost advantage over foreign competitors.

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