1. Prepare for the Section 122 Surcharge
The most significant shift in U.S. trade policy this year follows the Supreme Court ruling on February 20, 2026. The court determined that tariffs previously issued under the International Emergency Economic Powers Act (IEEPA) were invalid. In response, the U.S. government moved quickly to implement a new framework.
As of February 24, 2026, a Section 122 surcharge under the Trade Act of 1974 has replaced the old IEEPA tariffs. Currently, this surcharge is set at 10%, but it is expected to increase to 15% in the coming months. This surcharge applies to the vast majority of imported goods entering the United States.
What you must do:
- Update your landed cost models: Immediately factor in a minimum 10% surcharge for all U.S. imports.
- Audit your current inventory: Determine how this additional cost impacts your current pricing strategy.
- Stay alert for the 15% hike: This increase is expected to happen with little warning once the administrative transition is complete.
2. Manage the Complexity of Stacking Tariff Rates
The new Section 122 surcharge does not exist in a vacuum. It is an “additive” tax, meaning it stacks on top of existing trade barriers. If your products were already subject to Section 232 (steel and aluminum) or Section 301 (China-specific) tariffs, you are now facing multiple layers of duties.
This stacking effect significantly increases the compliance burden for international sellers. U.S. Customs and Border Protection (CBP) systems are currently being updated to handle these complex calculations. During this transition, incorrect tariff coding is a high risk.
Why this matters for your compliance:
- Avoid costly corrections: If your customs broker uses outdated codes, you may face retroactive bills or penalties once the CBP systems are fully synchronized.
- Calculate for the “Worst Case”: We recommend modeling your margins under both the 10% and 15% scenarios to ensure your business remains viable regardless of sudden rate hikes.
- Maintain precise records: As part of your ongoing international bookkeeping, keep every customs entry form organized for potential audits.
3. Account for Continued Suspension of Duty-Free Exemptions
For years, many e-commerce sellers relied on the “de minimis” threshold, which allowed low-value shipments (under $800) to enter the U.S. duty-free. However, the suspension of these minimum duty-free allowances remains in full effect in 2026.
This means that even small, individual parcels sent directly to consumers are now subject to the same Section 122 surcharges and tariffs as bulk shipments. This change has fundamentally altered the direct-to-consumer (DTC) model for international brands.
Take these steps to protect your margins:
- Notify your customers: Ensure your checkout process clearly explains who is responsible for these duties to avoid “package refusal” at the border.
- Consider bulk warehousing: Moving goods in larger quantities to a U.S.-based fulfillment center may allow for more predictable duty management compared to thousands of individual small-package entries.
- Use a VAT calculator for global sales: If you sell across multiple regions, use tools to see how different tax environments compare to the current U.S. situation.
4. Align with Global VAT and GST Registration Trends
While the U.S. focuses on surcharges and sales tax, the rest of the world is following suit with digital and physical goods taxation. More than 100 countries now require foreign sellers to register for VAT or GST when serving local consumers.
The U.S. “Economic Nexus” rules for sales tax are becoming the global blueprint. If you are selling into the U.S., you likely have obligations in other major markets too. For instance, Turkish sellers or European brands expanding into the U.S. must often manage parallel compliance tracks.
Stay compliant across borders:
- Monitor Nexus thresholds: In the U.S., each state has different rules (often $100,000 in sales or 200 transactions) that trigger sales tax registration.
- Expand with confidence: If you are also looking at European markets, ensure you understand specific rules for different jurisdictions.
- Consolidate your filing: Don’t manage ten different logins for ten different tax authorities. A Global Tax Compliance Suite brings your U.S. Sales Tax and international VAT/GST filings into one managed workflow.
5. Review Incoterms to Determine Tariff Liability
Who pays the new 10-15% Section 122 surcharge? The answer lies in your Incoterms (International Commercial Terms). This is the “fine print” that determines whether the seller or the buyer is legally responsible for duties and taxes at the border.
If you are selling under DDP (Delivered Duty Paid) terms, you are responsible for the Section 122 duties. If you haven’t raised your prices to reflect the new 10% surcharge, that cost comes directly out of your profit. Conversely, under DAP (Delivered at Place) or FOB (Free on Board), the buyer or importer of record bears the cost.
Actionable instructions for sellers:
- Reassess supplier contracts: Review your agreements with manufacturers and freight forwarders.
- Adjust pricing strategies: If you keep DDP terms to provide a better customer experience, you must increase your retail price to cover the 10-15% surcharge.
- Consult with experts: Determining the right Incoterm is a balance between customer satisfaction and financial risk. This is why having a compliance partner is essential.
Your 2026 USA Tax Compliance Checklist
To help you stay organized, here is a quick checklist of what you should be doing this week:
- Check your HS Codes: Ensure your product classifications are accurate to avoid overpaying on the new surcharges.
- Review Sales Volume: Identify which U.S. states require sales tax registration based on your current sales thresholds.
- Audit Incoterms: Confirm whether you are selling DDP, DAP, or FOB, and adjust your pricing if necessary.
- Update your cost models: Factor in the 10% Section 122 surcharge minimum, and model for a 15% scenario.
- Register for Global Compliance: If you sell internationally, document your VAT/GST obligations in each country where you have nexus.
