
A fresh look at US customs tariff policy
Customs tariff by the United States of America are dominating the headlines. An interim assessment of the legal basis and current tariff rates.

Customs tariff by the United States of America are dominating the headlines. An interim assessment of the legal basis and current tariff rates.
The 47th US President has made tariff policy a priority in his term in office. He initially imposed tariffs on products such as steel, aluminum, and automobiles, based on the Trade Expansion Act of 1962. These are sector-specific tariffs, which he has repeatedly expanded – most recently to include polysilicon and drones.
He referred to the announcement of reciprocal tariffs in April 2025 – made under presidential emergency powers – as “Liberation Day.” When the US Supreme Court struck down the legal basis for these tariffs in February 2026, the White House responded with a temporary global special tariff of 10% based on Section 122 of the Trade Act of 1974. This tariff took effect on February 24, 2026, for a period of 150 days. Since July 24, 2026, the special tariff has been in effect under Section 301 of the Trade Act of 1974. These tariffs may remain in effect indefinitely and must be reviewed at least every four years.
The EU therefore sought an agreement with the US early on to provide the European economy with greater planning certainty.
Since July 24, the United States has been imposing additional tariffs under Section 301 of the Trade Act of 1974 in connection with forced labor. The Presidential Memorandum of July 23, 2026, identifies 60 US trading partners that are subject to this additional tariff. Those that have already implemented their own import bans on goods produced through forced labor will be subject to a 10% tariff, while the others will be subject to an additional tariff rate of 12.5%. This means:
Exceptions are defined in the appendix to the corresponding Federal Register Notice. For example, the additional duties do not apply to products made of steel, aluminum, copper, wood, and wood products, as well as motor vehicles and motor vehicle parts, trucks, and truck parts. Raw materials and products required in the United States are also exempt. Country-specific exemptions can be found in Annex II.
The EU is subject to the 10% special tariff as well as the Section 232 measures on, among others, steel and aluminum products, copper goods, wood and sawn lumber, semiconductors, trucks, and buses.
Exception: For motor vehicles and motor vehicle parts originating in the European Union, a customs duty cap has been in effect since August 1, 2025. The total duty burden resulting from the regular MFN tariff rate and additional duties may not exceed 15%.
This was negotiated in Turnberry, Scotland. The joint statement by the EU and the US forms the basis of the agreement that the EU intends to conclude with the US by the end of 2029. Consequently, subject to certain safeguard mechanisms, the EU has allowed the US to import the vast majority of all US products duty-free, without ad valorem duties, or at reduced duty rates under quotas, effective July 1, 2026.
Various protective tariffs based on Section 232 of the Trade Expansion Act of 1962 were already imposed during the current president’s first term and subsequently suspended. In his second term, they are now being extended to an increasing number of sectors.
Since August 29, 2025, the de minimis value limit has been reduced from 800 to 50 US dollars. With the Executive Order Suspending Duty-Free De Minimis Treatment for all Countriesof July 30, 2025, small shipments above the new limit will be subject to country-specific customs duties (ad valorem method).
With the Executive Order Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries, the US President declared on February 20, 2026, that the suspension of duty-free de minimis treatment will continue to apply to all countries.
You can search for US tariffs affecting your goods using the Harmonized Tariff Schedule, a database maintained by the US International Trade Commission that catalogs the tariffs imposed by the United States. It contains the US duty rates and special classification provisions (chapter 98) or temporary regulations (chapter 99). Start by entering the international six-digit code of your merchandise here, or use the keyword search.
Alternatively, you can use the EU Commission's database Access2Markets. The current duty rates of all countries are made available there. From the main page, enter the six-digit HS code, your country of origin, and the United States under the country of destination.