US Tariff Developments – Implications for South African Pome & Stone Fruit Exporters (February 2026)

In February 2026, the Supreme Court of the United States ruled 6–3 against the Trump Administration’s reciprocal tariffs imposed under IEEPA, effectively ending those measures. However, the relief proved short-lived. On the same day, the Administration introduced a temporary import surcharge under Section 122 of the Trade Act of 1974, initially set at 10% and expected to rise to 15% (the legal maximum) for up to 150 days.

For South African pome and stone fruit exporters to the US, this means that most fresh fruit shipments are now likely to be subject to a 15% ad valorem duty, unless specifically exempted. The exemption list largely mirrors that of November 2025 and does not appear to include additional South African fruit products requested by the industry.

The surcharge does not stack on top of existing Section 232 tariffs, but the broader tariff risk remains elevated. The US Trade Representative has launched accelerated Section 301 investigations into a wide range of trade practices involving major trading partners. These could lead to country- or product-specific tariffs designed to restore previous revenue levels. In short, while the legal basis for earlier tariffs was struck down, the Administration is actively rebuilding its tariff framework through alternative mechanisms.

Regarding refunds, the United States Court of International Trade will determine the process for reclaiming previously paid IEEPA tariffs. Only the Importer of Record may claim refunds, so exporters must rely on contractual arrangements to recover any shared costs.

Strategically, exporters should anticipate short-term price pressure in the US market, possible front-loading of imports, and shipping volatility, as exporters and importers potentially take advantage of the window before further tariffs are authorised by Congress. Engagement with US importers, careful contract management, and close monitoring of Section 301 developments will be critical over the coming months.

Please find the original document compiled by Wolfe Braude, Agbiz Fruit Desk Manager: US Supreme Court 23Feb2026 Fruit Desk Notes, v.02.2, circ

This summary was compiled by AI.