USA replaces struck-down tariffs with a 10 percent Section 301 duty
Published 28 July 2026 · Federal Register
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What changed
After the USA Supreme Court ruled on 20 February 2026 that the emergency-powers law does not authorise tariffs, a temporary Section 122 surcharge ran until 24 July 2026, and a Section 301 duty of 10 percent on goods of Mexico applied from that day. U.S. Customs said it does not apply to goods entered duty-exempt under the USMCA (CBP message 69326983, 23 July 2026). It touches goods Mexico sells to the USA, not goods sold into Mexico.
Who it affects
Exporters from Mexico to the United States.
The source and its dates
Federal Register, 91 FR 47318, document 2026-15181 (USTR). Published 28 July 2026; in force from 24 July 2026 (effective before the Federal Register notice appeared). Checked against the source on 11 October 2026.
What to do
If you ship from Mexico to the USA, ask your USA customs broker to confirm, product by product, that goods enter claiming USMCA preference: U.S. Customs says goods entered duty-exempt under the USMCA are outside this duty. For anything that cannot qualify, price in the 10 percent.
Your customs broker, accountant or lawyer files and signs; this page sets out the rule and its source. Need it for your own case? Write to us.