I. USTR’s Request for Comments on New Tariff Framework
After the Supreme Court overturned the Administration’s “reciprocal” and “fentanyl” tariffs in Feb. 2026, the Office of the United States Trade Representative (USTR) launched a process to impose a new set of US tariffs under Sec. 301 of the Trade Act, as amended, that will apply to the goods from most US trading partners. In order to impose these new tariffs, USTR has conducted two sweeping sets of Sec. 301 investigations and opened these proceedings up to public comment.
- One set of investigations targets 60 trading partners for failing to block imports into their territories of goods made with forced labor. Mexico, Peru, Colombia, Chile, Guatemala and the Dominican Republic are among the 60 trading partners covered by this set of investigations.
- The other set of investigations targets 16 trading partners for engaging in practices that promote excess capacity that harms US goods. Mexico is one of the 16 trading partners covered by these investigations.
USTR has so far only issued its findings and proposed tariffs in the first set of investigations involving the forced labor issues. It has proposed tariffs of 10% and 12.5% on imports from the 60 covered countries but has also proposed a long list of goods to be excluded from those rates. Its proposed tariff exceptions include, among others, the following.
- All goods from Mexico and Canada that are USMCA-compliant will be excluded from the new tariffs. The term “USMCA-compliant,” as now defined, will enable avocados grown in Mexico to be excluded from the new rates.
- All goods from other countries that appear on a long list of tariff exclusions will also be excluded from the new tariffs. The tariff exclusions list includes avocados (HS 8004.40.00).
USTR is seeking public comment on this proposed new tariff arrangement, including its proposed tariff exclusions.
II. CAC Comments
To help give further visibility to the California industry’s pressing import concerns, CAC is submitting comments to USTR, the main points of which are as follows:
- Avocados from Mexico should be treated as USMCA non-compliant and be subjected to the new Sec. 301 tariff rates.
- Mexican avocado volumes have increasingly surged into the US market at low prices during the California industry’s marketing season, putting California production at risk.
- Mexico’s avocado shipments originate in regions where the cartel extorts growers, controls portions of the supply chain, and uses violence and intimidation to maintain that control.
- Cartel activity in these producing regions has forced APHIS to withdraw its inspectors from Mexican orchards, which has led to an alarming upswing in pest interceptions and raised infestation risks for the California industry.
- Avocado production in Mexico has also significantly driven up illegal deforestation in that country.
- Avocados from countries other than Mexico (Peru, Chile, Colombia, Guatemala and the Dominican Republic) should be removed from the proposed tariff exclusions list and also be subjected to the new Sec. 301 rates.
- Low-priced avocado imports from these sources increased 55% between 2023 and 2025, contributing to disruptions and unsustainable price declines in the US market.
III. CALL TO ACTION: All growers and interested parties are asked to file a simple submission in support of CAC’s comments.
Your submissions simply stating your support for CAC’s comments should be submitted here: https://comments.ustr.gov/s/submit-new-comment?docketNumber=USTR-2026-0265
The submission process takes only a few minutes to complete.
The appropriate fields to complete are as follows:
SUBMITTER INFORMATION
Provide your name and email
COMMENTS SECTION
QUESTION: Please select all economies that your comment pertains to.
Select the following countries from the list: Mexico, Peru, Chile, Colombia, Guatemala and Dominican Republic
QUESTION: Do you have views on a specific tariff subheading?
Select “Yes”
QUESTION: Please provide the 8-digit tariff subheading you wish to comment on. Subheadings must be 8-digits and entered without periods or spaces (e.g. 02011005).
In the text box, type in “08044000”
QUESTION: Is your comment that the specific tariff subheading should be subject to additional tariffs under the proposed actions or excluded from the proposed actions?
Select the option “Subject to tariffs under the proposed actions”
QUESTION: For the tariff subheading provided, please discuss why the tariff subheading should be subject to tariffs under the proposed actions or excluded from the proposed actions. Address specifically whether the products under the tariff subheading are necessary raw materials, are available from domestic sources at reasonable prices and sufficient quantities; whether additional tariffs would cause serious dislocations in the supply of the products and could cause economy-wide disruptions, or other similar factors; and whether imposing additional tariffs on products under the tariff subheading would be practicable or effective in obtaining the elimination of the acts, policies, and practices.
In the text box, type in “I support the California Avocado Commission’s comments”
QUESTION: Please provide views on the proposed exclusion of USMCA-compliant goods of Canada or Mexico.
In the text box, type in “I support the California Avocado Commission’s comments”
Leave other questions blank.
ATTACHMENTS SECTION
No attachments, click Next and your information will be populated for review and then hit SUBMIT.
The deadline for submissions is this Monday, July 6, 2026, at 8:59 pm (PST). California avocado growers are encouraged to act now and contact CAC President Ken Melban with any questions.