As importers navigate a turbulent trade environment, supply chain logistics provider Flexport warned that a new round of tariffs could arrive before existing duties expire, potentially keeping pressure on global supply chains despite ongoing court challenges, according to FreightWaves.
During Flexport's June webinar "Tariff Trends 2026: Expert Insights on the Evolving U.S. Tariff Landscape," customs and trade experts outlined a rapidly shifting tariff regime. Marcus Eeman, director of customs at Flexport, said importers should not expect major changes when the United States-Mexico-Canada Agreement (USMCA) reaches its scheduled July 1 review milestone. "The July 1 deal is looking unlikely, but benefits continue," Eeman said, noting that USMCA preferences would remain in effect even if negotiators fail to reach new agreements this summer.
Proposed Section 301 Forced-Labor Tariffs
One of the most significant developments involves a proposed Section 301 tariff program targeting countries deemed to have inadequate forced labor enforcement. Under recommendations currently under review by the Office of the U.S. Trade Representative (USTR), 13 countries plus the European Union would face a 10% tariff, while 46 additional countries would face a 12.5% duty. Most countries that currently maintain trade agreements with the U.S. would fall into the lower tariff tier.
Flexport said the proposed tariff structure would exempt many products already excluded under prior IEEPA tariff programs, including unavailable natural resources, critical minerals, pharmaceuticals, chemicals, civil aircraft products, and goods already subject to Section 232 tariffs. USMCA- and DR-CAFTA-qualified products would also be exempt. Eeman said the USTR is also considering a tariff-rate quota system for textile imports, potentially allowing a specified volume of apparel imports to enter at a lower tariff rate before higher duties apply.
| Tariff Tier | Countries/Regions | Duty Rate |
|---|---|---|
| Lower | 13 countries + EU | 10% |
| Higher | 46 additional countries | 12.5% |
Comments on the proposal remain open through July 6, with a public hearing scheduled for July 7. Flexport expects the new Section 301 tariffs to be implemented before Section 122 duties expire on July 24.
USMCA Review and Section 232 Disputes
Eeman noted that the U.S. is seeking stronger U.S.-specific labor content requirements, particularly in automotive manufacturing, while Canada and Mexico continue pushing for relief from Section 232 tariffs on steel, aluminum, and other metals. Mexico and Canada have argued that such duties run counter to the spirit of a free trade agreement.
The webinar also addressed recent modifications to Section 232 steel and aluminum tariffs. The administration recently created new duty reductions for agricultural equipment, residential HVAC systems, and certain "mobile industrial" products such as forklifts, cranes, and bulldozers.
Legal Challenges and Implementation Timeline
Flexport highlighted what could become the next major tariff court fight. Supporters argue Section 301 clearly authorizes tariffs following investigations into trade practices that burden U.S. commerce. Opponents counter that imposing tariffs on products representing roughly 99% of U.S. import value stretches congressional intent and could face challenges under the Supreme Court's "major questions" doctrine.
Eeman noted that unlike the original 2018 Section 301 tariffs on Chinese imports—supported by extensive findings regarding intellectual property theft and industrial subsidies—the forced-labor proposal may face greater scrutiny over whether tariffs are an appropriate remedy.
For importers and trade professionals, the key dates are: July 1 (USMCA review milestone), July 6 (comment deadline), July 7 (public hearing), and July 24 (Section 122 expiry). The potential new Section 301 program could take effect shortly thereafter, maintaining elevated tariff levels on a broad range of imports.
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