The trade relationship between Colombia and the United States is undergoing a transformation, marked by structural changes in U.S. trade policy and a growing integration of trade, national security, and geopolitics. In this new context, tariffs have ceased to be merely economic instruments and have become strategic foreign policy tools.
A key turning point was the U.S. Supreme Court's February 20, 2026, ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs, as this is a constitutional power reserved for Congress. This decision invalidated the so-called "reciprocal tariffs" adopted in April 2025 and forced President Donald Trump's administration to rethink its use of trade instruments.
As an immediate response, the U.S. government implemented a temporary 10% tariff on imports, based on Section 122 of the Trade Act of 1974. This mechanism allows for tariff surcharges of up to 1%.50 days to correct balance of payments imbalances, with the possibility of extension subject to Congressional approval. The measure included strategic exclusions for energy products, pharmaceuticals, and certain agricultural goods, reflecting a selective approach aligned with national priorities.
However, the impact of the ruling extends beyond the new measures. One of the main operational challenges has been managing refunds of duties previously collected under IEEPA. In this area, U.S. Customs and Border Protection (CBP) developed the Consolidated Administration and Processing of Entries (CAPE) system, which was implemented on April 20, 2026. This system aims to centralize and expedite refund requests, with an initial phase expected to issue refunds within 60 to 90 days of request acceptance, except in cases subject to further review.
At the same time, the United States has intensified its use of instruments with stronger legal backing. The use of legal instruments such as measures under Section 122 (balance of payments), Section 232 (national security), and the intensification of investigations under Section 301 (unfair trade practices), as well as the expansion of legal tools to strengthen domestic industrial capabilities, reflect that the U.S. has used its trade policy to protect strategic sectors, reduce dependence on other countries, and prioritize relationships with reliable allies.
Recently, a new investigation under Section 301 was announced, targeting approximately 60 countries (including Colombia). This investigation seeks to determine whether the policies, practices, or omissions of these countries regarding forced labor could constitute a burden or restriction on U.S. trade. If adverse findings are confirmed, the process could lead to corrective measures, including the imposition of additional tariffs or other trade restrictions.
For Colombia, this new scenario presents both challenges and opportunities. Preferential access derived from trade agreements is no longer sufficient to guarantee competitiveness in the U.S. market. Instead, factors such as regulatory alignment and supply chain traceability are becoming increasingly important in decision-making.
In this context, the new U.S. trade policy opens opportunities to deepen a bilateral relationship based on protecting national security, productive complementarity, and strategic alignment. For Colombia, the challenge lies in adapting promptly to these new dynamics, developing a consolidated strategy that seeks to protect and expand the competitiveness of Colombian products in the U.S. market.
Article written by Olga Lucía Salamanca, Vice President Partner of Trade Policy and Defense for Business Mail magazine: Reconfiguration of US trade policy: challenges and opportunities for Colombia – Business Mail Digital
