The topic of “tariffs” shows no sign of settling down in relations with the United States. Since 24 July 2026, a new tariff system has applied in relation to the EU and other economies, announced the day before via a Presidential Memorandum and implemented in law through USTR Notice 2026-0265, 2026-0266. The new tariff measures are the result of an investigation by the United States Trade Representative (USTR) into the failure of various economies to impose and effectively enforce a prohibition on the importation of goods produced with forced labor. The measure is based on Section 301 of the “Trade Act of 1974,” which is why the new measures are generally referred to as Section 301 tariffs.
According to the USTR’s findings, most of the 60 economies concerned had failed to impose and effectively enforce a prohibition on the importation of goods produced with forced labor. Six economies — including the EU — had imposed such a prohibition but had not effectively enforced it. As a reminder: EU Regulation (EU) 2024/3015 on prohibiting products made with forced labor on the Union market entered into force on 13 December 2024. It prohibits the placing on the market and making available of such products on the Union market, as well as their export. Goods that violate these prohibitions must be withdrawn from the market. The Regulation shall apply from 14 December 2027. Since the Regulation is not yet being applied, there is currently no enforcement of the prohibitions it imposes.
As a result of its findings, the USTR has set tariffs of 10% or 12.5%, which constitute the minimum tariff rates for individual countries but, for many countries, also apply in addition to the regular MFN tariff rates. The Section 301 tariff surcharges are based on the third-country MFN tariff rates (MFN = Most Favoured Nation). The MFN tariff rate is the so-called most-favored-nation rate, meaning that the lowest tariff rate the US grants to one trading partner must also be applied to other trading partners.
Together with Taiwan, the EU receives the most favorable treatment, which means the following for goods of EU origin:
- If the MFN tariff rate is lower than 10%, a tariff rate of 10% applies (including MFN duty).
- If the MFN tariff rate is higher than 10%, the MFN tariff rate applies, and no additional tariff is levied.
Part B, No. 19 of the Notice sets out the reasoning behind the measures with regard to the EU. Otherwise, it is once again extremely difficult to keep track of what now applies in relation to which country. A useful overview can be found at https://www.gtai.de/de/trade/usa/zoll/usa-301-zoelle-menschenrechtsverletzungen-2016790. The individual tariff rates applicable to specific goods can also be looked up via the EU Commission’s Access2Markets database. Specific guidance on imports under the new tariff regime is provided in the guide issued by the US customs authority CBP.
Exempt from the tariffs are raw materials or products that are not available in sufficient quantities in the United States. These exemptions are listed in Annex I and Annex II, Parts A and C of the Notice. The Office of the US Trade Representative (USTR) has published a Fact Sheet on the Section 301 tariffs. It includes a link to the Notice with an improved search function. Where goods are already subject to the sectoral Section 232 additional tariffs (steel, aluminum, copper, motor vehicles and vehicle parts, semiconductors, timber/wood products — so-called Section 232 tariffs), those tariffs take precedence, meaning there is no double burden.
How do the new tariff rules relate to the so-called “Turnberry Deal”?
Following the tariff turmoil initiated by the US President last year, and against the backdrop of an announcement by the US President that a base tariff of 30% would be imposed on EU goods, EU Commission President von der Leyen and President Trump reached a political agreement on 27 July 2025. This agreement resulted in a Joint Statement on a United States-European Union framework on an agreement on reciprocal, fair and balanced trade of 21 August 2026 and became known as the “Turnberry Deal” after the location of the negotiations in Scotland. At the core of this agreement was the introduction, effective 1 September 2026, of a flat maximum tariff rate of 15% for the vast majority of imports from the EU to the US — including strategic sectors such as motor vehicles, pharmaceuticals, semiconductors, and timber. Goods that were already subject to MFN tariff rates of 15% or more were not to be subject to any additional tariffs. This means that, even under the Turnberry Deal, it is possible that tariffs exceed 15% if the “normal” MFN tariff rate for the goods in question is above 15%. The flat maximum rate of 15% was primarily intended to establish a ceiling for additional US tariff measures and mainly concerned goods that had previously been subject to “retaliatory tariffs” (such as the IEEPA tariffs declared unlawful by the Supreme Court), as well as Section 232 goods such as motor vehicles, pharmaceuticals, semiconductors, and timber (see FAQ on the Joint Statement).
The EU regards the new Section 301 tariffs as being consistent with the Turnberry Deal, since the tariff rate is either 10% (where the MFN rate is lower), equal to the “normal” MFN tariff rate, or 15% — as is the case for the Section 232 tariffs, which are treated separately under the new tariff regime (see above). However, the EU has recently enacted further “peace measures” in the trade dispute: in response to the massive tariff hikes imposed by the U.S. government in the spring of 2025, the EU had decided on countermeasures last summer. The tariff increases on certain goods originating in the United States of America, planned as a countermeasure, have already been published in the Official Journal of the EU in the form of Regulation (EU) 2025/1564. After an agreement was reached with the United States on the Turnberry deal just a few days after the regulation was published, the application of this regulation was immediately suspended again (Regulation (EU) 2025/1727, extended by Regulation (EU) 2026/295). With Regulation (EU) 2026/1893, published recently in the Official Journal of the EU on July 31, 2026, the application of these countervailing duties has been suspended indefinitely; however, the Commission reserves the right to review the suspension of the measures on an ongoing basis and to take action, if necessary, to protect the interests of the Union.
Current status of the “de minimis” rule
The most recent US tariff measures show that if there is one constant in US tariff policy, it is constant change. It remains to be seen whether the “Turnberry Deal” and the trade agreement between the EU and the US (see Schlagbaum 07/2026) will provide the hoped-for stability in trade relations between the two parties.
At least one measure does appear designed for permanence: the US customs authority’s suspension of the so-called de minimis exemption. The current position is as follows:
Until last year, goods valued below USD 800 could be imported into the US duty-free (de minimis rule, 19 U.S.C. § 1321(a)(2)(C)). In July 2025, the US Congress decided to repeal the statutory basis for the de minimis rule with effect from 1 July 2027. This final repeal was pre-empted by Executive Order 14324, issued by the US President on 30 July 2025, which suspended the de minimis rule with effect from 29 August 2025. It was ordered that postal shipments be subject to a transitional procedure until the customs authority CBP had established a new procedure for international postal shipments.
Following the Supreme Court decision of 20 February 2026, which struck down the IEEPA tariffs, Executive Order 14388 of 20 February 2026 extended the suspension of the de minimis rule indefinitely, with effect from 24 February 2026, and Executive Order 14389 clarified that Executive Order 14388 was not affected by the termination of the IEEPA tariffs (Sec. 2(c)).
The US customs authority CBP has now confirmed the suspension of the de minimis rule in its own regulatory act, effective 24 June 2026, and has permanently enshrined it in the customs regulations (Federal Register of 24 June 2026). With effect from 24 July 2026, this act also establishes a new procedure for the clearance of postal shipments (postal informal entry) not exceeding a value of USD 2,500. Certain data must be submitted to CBP for the declaration. Shipments exceeding a goods value of USD 2,500 must be processed under the normal import procedure.
CBP also provides current guidance on this topic. Should you have any further questions, please feel free to contact us.
