Uncertainty and opportunity for Kiwi exporters
By EMA Head of Membership and Export, Simon Devoy With the global trading environment shifting rapidly, uncertainty is the new normal for Kiwi exporters. The latest developments around tariffs from the Trump Administration show just how quickly the rules can change, and how vulnerable small, open trading economies like New Zealand can be when the rules-based global system begins to fray. In late February, the United States Supreme Court ruled 6ā3 that President Trump had exceeded his authority by imposing broad āemergencyā global tariffs under the International Emergency Economic Powers Act (IEEPA). The Court reaffirmed that under the US Constitution, only Congress has the authority to set tariffs. At first glance, that might have seemed like good news for exporters around the world. The ruling removed the legal basis for the 15% āreciprocal tariffā that had been applied to most imports, including New Zealand goods. But within hours, the Trump Administration moved quickly to reinstate tariffs under a different legal mechanism: Section 122 of the US Trade Act of 1974. This allows the President to impose temporary tariffs of up to 15% for 150 days. Initially announced at 10%, the tariff was soon raised to 15% and took effect on 24 February. In practical terms, that means many New Zealand exports to the United States continue to face a 15% tariff, essentially restoring the same rate exporters had already been dealing with. Some agricultural products are expected to remain exempt under earlier announcements. But exporters still need to confirm classifications carefully at the HS-code level. Meanwhile, other tariffs remain untouched by the Supreme Court decision, including Section 232 tariffs on products such as steel, aluminium and copper, as well as potential investigations into sectors like pharmaceuticals. Given the highest court in the US just ruled the gathering of these […]
