High Impact Regulatory

The 10% US Tariff Expires on 24 July — Relief or a Worse Regime?

The 10% Section 122 surcharge on South African exports to the US expires on 24 July 2026. Whether it lapses or is replaced by sectoral tariffs decides exporters' landed costs.

South Africa's exporters have spent five months paying a 10% surcharge for the privilege of selling into the United States. On 24 July that surcharge is due to expire by operation of American law — and what replaces it, if anything, will set the landed cost of a bilateral trade relationship worth roughly $23 billion a year. This is the most consequential date on the South African trade calendar, and it falls in under three weeks.

The Statutory Clock Nobody Controls

The tariff in question is not the headline-grabbing "reciprocal" measure of 2025. In February this year the Trump administration wound down the tariffs it had imposed under the International Emergency Economic Powers Act (IEEPA) and replaced them with a surcharge under a different statute — Section 122 of the Trade Act of 1974. Proclamation 11012, issued on 20 February 2026, imposed a flat 10% ad valorem duty on virtually all imports into the United States, effective 24 February.

Section 122 is a balance-of-payments tool, and it comes with hard limits written into the law itself: a president may impose a surcharge of no more than 15%, for no longer than 150 days, unless Congress votes to extend it. Count 150 days forward from 24 February and you land on 24 July 2026. Unless Congress acts, the 10% surcharge lapses on that date automatically. To complicate matters, the US Court of International Trade struck the Section 122 tariffs down in May, but the ruling is under appeal, its ultimate fate is uncertain, and duties continue to be collected in the meantime — so the courthouse offers no near-term relief either.

For South Africa the practical arithmetic of the switch was significant. The earlier regime had levied 30% on a wide range of South African goods; the Section 122 surcharge cut that to a flat 10% for most exports — everything except goods already caught by separate Section 232 sectoral duties or specifically exempted, such as certain minerals, chemicals and foodstuffs. A punishing rate became a merely painful one. The question now is whether even that reprieve survives the month.

What It Means for the Invoice

Ten per cent on the customs value is not a rounding error. Total US–South Africa trade reached $23.04 billion in 2025, up 6% on the year, and every dollar of South African goods crossing into an American warehouse currently carries the surcharge on top of any normal duty for its HS code. The automotive sector is the cautionary tale already in the books: South African vehicle exports to the United States collapsed by roughly three-quarters in 2025, from 25,544 units to 6,530, as the tariff wall went up. Reserve Bank governor Lesetja Kganyago has estimated that the original 30% rate put about 100,000 South African jobs at risk, with agriculture and automotive manufacturing exposed first.

Crucially, the African Growth and Opportunity Act does not neutralise this. Washington extended AGOA to 31 December 2026 — signed into law on 3 February, retroactive to 30 September 2025 — but a duty imposed under Section 122 sits on top of the AGOA preference, not underneath it. As the Institute for Security Studies has noted, the renewal restores the preference margin in principle while the surcharge quietly erodes it in practice, leaving far fewer genuinely duty-free tariff lines than a year ago. An exporter can hold a valid certificate of origin, satisfy every rule of origin AGOA demands, and still pay the 10% at the border.

The currency is quietly working against exporters too. The rand traded near R16.22 to the dollar on 3 July, having firmed to roughly 7.7% stronger over the preceding twelve months. A stronger rand is welcome for importers buying dollars, but for a citrus grower or a component supplier pricing in dollars it thins the very margin that was meant to absorb the tariff. Currency strength and border friction are compounding, not offsetting, one another.

Why the Relief May Be a Mirage

The optimistic reading treats 24 July as a cliff edge in the exporter's favour: the surcharge lapses, the 10% disappears, and South African goods regain their footing in the American market. That reading misunderstands what the administration has said it is doing. Officials have described the Section 122 duties explicitly as a bridge — a temporary measure holding the line until tariffs under other statutes, principally Section 232 (national-security sectoral tariffs) and Section 301, can be raised into place. Those statutes carry no 150-day sunset. A Section 232 tariff on vehicles, steel or aluminium does not expire; it can be set higher than 10%, and it can be aimed at precisely the sectors South Africa most depends on.

So the plausible outcomes on 24 July are not "relief" versus "status quo". They are: Congress extends the surcharge; the surcharge lapses and is replaced by targeted sectoral duties that may be worse for autos and metals; or it lapses into a vacuum while a bilateral framework is negotiated. Trade minister Parks Tau has been shepherding a revised offer through Cabinet precisely because Pretoria cannot bank on the third, benign scenario. Diversification into Asia and the Gulf, meanwhile, is a multi-season phytosanitary and logistics project, not a switch that can be flipped in the fortnight before a deadline.

Our Take

Treat 24 July not as a finish line but as a regime-change date, and plan for continuity of cost rather than relief. The evidence points one way: an administration that calls a tariff a "bridge" intends to build something on the far side of it, and the far side — Section 232 and 301 — is structurally worse than the temporary surcharge it replaces, because it is permanent and it is targeted. Any South African finance director who has pencilled a return to zero into the second-half forecast is planning on hope.

The disciplined response is threefold. First, lock landed-cost assumptions at 10% or higher through the fourth quarter, and stress-test the auto and metals lines against a Section 232 outcome specifically. Second, use the AGOA window aggressively while it lasts — the preference is real until 31 December, and the tighter Washington squeezes, the more valuable clean origin documentation and correct tariff classification become. Third, back Pretoria's bilateral framework as the only durable fix; a signed agreement that caps the rate is worth more than any statutory sunset the exporter does not control. South Africa's exporters have already proven they can survive 30%. The task now is to make sure they are never surprised by what comes after 10%.

Source: www.whitecase.com