Thank you for that very technical question. I'm not sure I've considered all the factors you mentioned.
That said, I've read much of what experts have been saying since August, and I haven't come across anyone who has raised that. It's a tough question to answer, but, on the surface, I don't think that exception could be invoked.
Frankly speaking, it would be pretty hard for the Americans to justify their legislation. I didn't provide a proper legal opinion earlier. I kept my comments more general. The U.S.'s Inflation Reduction Act of 2022 contains a lot of measures, but that doesn't mean that each of those measures amounts to one of the violations I mentioned. Everything really has to be dissected.
All of the experts whose comments I have read or with whom I have spoken have been pretty unequivocal about the act: it really violates the basic tenets of international trade and very few exceptions could be invoked to warrant its implementation. Certainly, the U.S. could cite national security in relation to the countries of concern, but it probably couldn't invoke national security as grounds for all the measures in the act.