Donald Trump’s announcement of a 25% tariff on trucks and tractor-trailers manufactured outside the United States opened a new front of uncertainty for the automotive and transportation industries in Mexico.
Although the message has not yet been translated into an executive order, experts warn that the measure would have serious inconsistencies with the legal framework of the USMCA.
“The first thing that would come to mind is that this measure is inconsistent with the treaty between Mexico, the United States, and Canada. Only under national security concerns could such tariffs be imposed,” explained Luis Miguel Jiménez, partner at Von Wobeser y Sierra .
In this regard, he noted that proving a risk to national security is complicated in this case. Therefore, the imposition of tariffs could constitute a violation of the treaty, although Mexico is not expected to respond with retaliation .
“So far, there hasn’t been a single retaliatory tariff, and it’s not a path we’re going to take,” Jiménez said.
He emphasized that the impact would be felt not only by Mexican producers, but also by the U.S. market itself, since “tariffs end up affecting American consumers. It’s not so easy to shift them to other countries; what happens is that the product becomes more expensive,” he warned.
Given this situation, the specialist recommended that exporters pay special attention to complying with the rules of origin to prove that their vehicles originate within the USMCA.
He also emphasized the need to secure contracts: “It is very important that contracts clearly establish that, if tariffs are applied, they will not be absorbed by the Mexican producer, but by the importer in the United States,” he said.
The lawyer also suggested expediting shipments whenever possible, in order to avoid additional costs if the measure is formalized.
As of this writing, the executive order has not yet been issued , keeping the industry in suspense. However, warnings about the economic impact and preventive measures place companies in a situation where legal and contractual planning will be key to addressing the uncertainty.
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