The decision of the United States to impose a new 10% tax on part of imports from Guatemala was received with caution by the productive and export sectors, who appreciated maintaining exemptions for agricultural products and clothing, but They warned that around 28% of the offer that already paid that tax will continue in the same condition.
The measure was announced on July 23 by the Office of the United States Trade Representative (USTR) and will replace the temporary 10% tax established in February based on section 122 for a period of 150 dayswhose validity expires this July 24.
The new levy is established under Section 301 of the Trade Act of 1974, as a result of an investigation related to the prohibition of importing goods produced through forced labor.
Guatemala was among the group of economies to which the United States will apply a 10% rate, because they adopted or committed to implementing measures to prevent the importation of products made with forced labor. For other economies investigated, the established tax will be 12.5%.
The US resolution took into account the commitment made by Guatemala within the framework of the Reciprocal Trade Agreement and the approval of Ministerial Agreement 377-2026, which prohibits the importation of goods produced through forced or compulsory labor.
Mineco
The Ministry of Economy (Mineco) issued its comments on Thursday night regarding the United States resolution released this July 23.
The institution stated in a statement and on its social networks that the US decision “recognizes the measures implemented by the country to prevent forced labor and maintains unchanged the tariff conditions for our exports”.
Mineco added in its communication that the minimum tariff of 12.5% applied by the United States to most of the countries included in the investigation was not applied to Guatemala.
That is to say, a 10% tariff is maintained for Guatemalan exports. Although it will now be applied under another section of the US laws (301), before the end of the current period until Thursday (section 122). In addition, around 72% of exports remain exempt and 28% will continue to have tariffs.
However, he said that this investigation is different from the Reciprocal Trade Agreement signed between Guatemala and the United States, which establishes the terms of trade between both countries.
And that in this framework, 72.4% of Guatemalan exports would continue to enter the US with zero tariffs.
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Sectors review which products were exempt
Carla Caballeros, executive director of the Chamber of Agriculture (Camagro), explained that, although the decision establishes an additional tax of 10% for Guatemala, certain agricultural export products and clothing remain excluded and will be able to enter the US market without paying this additional tax.
According to a preliminary review of the annexes published by USTR, The global exclusions that already benefited products such as coffee, bananas, mango, pineapple and avocado, among others, are maintained.
Caballeros clarified that the annexes include numerous tariff codes that still need to be analyzed in detail by the technical teams, so The list cannot yet be considered final.
In principle, exclusions would includeThe Guatemalan products that already appeared on the global list and others that were negotiated within the Reciprocal Trade Agreement between Guatemala and the United States.
Mini vegetables and some fruits still raise doubts
The initial review also shows that some products, such as mini vegetables and certain fruits, do not appear within the exempt itemsso they will continue to pay 10%.
Gentlemen explained that The sectors will continue to verify the tariff codes to determine if these products must pay the new tax or if there are modifications additional in the annexes.
The executive director of Camagro considered it positive that USTR has placed Guatemala among the countries that advanced their commitments within the Reciprocal Trade Agreement.
The United States recognized the approval of the ban on importing goods made with forced labor as progress, whose implementation is under development in accordance with Ministerial Agreement 377-2026.
“We appreciate that, in accordance with this recognition, USTR has also published, as part of its final resolution, a series of annexes that maintain exclusions for most of Guatemala’s exports. This is important for trade and jobs,” said Caballeros.
🇬🇹🤝🇺🇸 Fortaleciendo la alianza comercial entre Guatemala y Estados Unidos. Valoramos que ciertos productos agrícolas permanezcan excluidos de los aranceles adicionales. Debemos seguir trabajando para que todo el comercio bilateral permanezca libre de aranceles. pic.twitter.com/ocIUo4yzK0
— Cámara del Agro (@CamagroGuate) July 23, 2026
Agexport will seek to ensure that the entire offer enters with a 0% tax
Claudia de Del Águila, director of Advocacy of the Export Environment of the Guatemalan Association of Exporters (Agexport), indicated that the Government of Guatemala and the export sectors They took steps to ensure that 28% of the products that were still subject to the 10% tax were excluded.However, these products continue under the same conditions with the new resolution.
De Del Águila explained that Agexport analyzes each item to identify if there were changes in the annexes and assured that actions will continue to ensure that the entire exportable supply of Guatemala can enter the US market with a 0% tax. During the week the entity detailed thatExports of products that maintain zero tariffs have registered drops and thousands of jobs are being put at risk.
After the new US decision, he also stressed the need to promote the Country Competitiveness Agenda to reduce costs related to road and port infrastructure, energy and procedures.
In the opinion of the leader, these measures are necessary so that Guatemalan companies can compete under better conditions, especially the sectors whose products will continue to be subject to the tax.
De Del Águila added that USTR recognized the existing exclusions and took into account that Guatemala adopted measures against the importation of goods produced with forced labor or committed to doing so through the Reciprocal Trade Agreement. It coincided with the other sectors in that the United States recognized the issuance of the ministerial agreement to prevent the entry of products from countries where forced labor practices exist.
AmCham Guatemala appreciates that the USTR decision on new tariffs recognizes labor advances in Guatemala pic.twitter.com/zegJVwXmNB
— AmCham Guatemala (@AmChamGT) July 24, 2026
The Guatemalan-American Chamber of Commerce (AmCham Guatemala) expressed that they appreciate that Guatemala is one of the six additional economies that the United States recognized that have adopted measures, which has made it possible to be among the group of 17 countries subject to a 10% tariff, instead of the general 12.5% tariff imposed on 43 other nations. This decision recognizes the actions adopted by the country and demonstrates the importance of continuing to advance in the effective implementation of the commitments assumed in the Reciprocal Trade Agreement.
The minimum tariff of 12.5% applied by the United States to most of the countries included in the investigation was not applied to Guatemala.
The decision recognizes the measures implemented by the country to prevent forced labor and leaves the conditions unchanged… pic.twitter.com/1aIk5NTsCb
— Ministry of Economy (@MINECOGT) July 24, 2026
Former minister questions the legality of the measure
Former Minister of Economy Enrique Lacs expressed doubts about the compatibility of the new tariff and the request for countries to prohibit certain imports with international law.
Lacs, who was also a negotiator of trade agreements and treaties, pointed out that the United States is imposing tariff barriers on countries that trade with other nations accused of forced labor practices. “This triangulation of extraterritorial obstacles that the United States is imposing violates the principles of freedom of trade”, he opined.
The former official added that the World Trade Organization (WTO) does not recognize the right to impose this type of measures against forced labor nor to sanction countries that maintain commercial relations with designated economies. He also stated that it is up to the International Labor Organization (ILO) to determine which countries have problems related to forced labor and maintained that this organization does not impose trade sanctions.
The keys to the US resolution
- Tribute for Guatemala: The United States set a 10% tax on Guatemala and other economies that adopted or committed to prohibiting the importation of goods produced with forced labor.
- Rate for other countries: The other economies investigated will receive a tax of 12.5%, according to the resolution.
- Replaces a temporary measure: The new tax replaces the temporary 10% tax established in February for 150 days, whose validity ends on July 24.
- Research Scope: The decision covers 60 economies investigated for their measures to prevent the entry of products made with forced labor.
- Recognition to Guatemala: USTR took into account the Reciprocal Trade Agreement and the approval of Ministerial Agreement 377-2026.
- Exempt products: The resolution contemplates exceptions for raw materials whose imposition could cause supply problems in the United States.
- Economic impact: Products whose tax could cause disruptions in the US economy may also be excluded.
- Insufficient production: Subject to possible exemptions are goods that the United States cannot grow or produce in sufficient quantities, at reasonable prices, or obtain through other sources.
- Exclusions due to commitments: USTR may exempt certain Guatemalan products to incentivize compliance with commitments related to the prohibition of forced labor.
- Specific annexes: In the case of Guatemala, the exceptions are contained in annexes I and II, parts A, G and O, of the notice published in the Federal Registry.
- Consultation process: The investigation included two rounds of public hearings, more than 2,100 comments and conversations with the business partners involved.
- Guatemala participation: The country intervened in the hearings and in the presentation of public comments during July.
- Review still in progress: The definitive scope of the exemptions depends on the review of the codes and items included in the annexes published by the United States.
