ECLAC questioned the legality of tariff increases in the United States. It pointed out that the measures applied in 2025 could contravene the commitments made by that country as a member of the World Trade Organization, according to its report International Trade Outlook 2025.

First, the agency warned that current tariffs exceed the consolidated levels committed to in the WTO. On average, these caps are 4.8% for agricultural products and 3.2% for non-agricultural goods.

In addition, ECLAC emphasized that the application of differentiated tariffs to the same product, depending on its country of origin, contravenes the Most-Favored-Nation principle. This principle requires that all members be granted the same tariff treatment.

Tariff increases in the United States

Under the WTO, each country sets maximum limits on its tariffs and must apply those rates uniformly. However, recent US measures alter this scheme by introducing exceptions and differences that affect multilateral trade.

According to WTO estimates, the share of world trade in goods under Most-Favored-Nation conditions fell from 80% at the beginning of 2025 to 72% in September of the same year as a result of tariff increases and bilateral agreements announced by the United States.

Outside the multilateral sphere, ECLAC indicated that the increases have also nullified conditions for access to the US market agreed upon in free trade agreements with Chile, Colombia, Panama, and Peru, as well as in the agreement with Central America and the Dominican Republic.

Supreme Court

The only exception identified is the USMCA. Products that comply with its rules of origin remain exempt from tariffs, preserving the conditions agreed upon between Mexico, the United States, and Canada.

The report also highlighted that all tariff increases were implemented without congressional intervention. The executive branch justified them as a response to national emergencies, invoking the Foreign Trade Expansion Act of 1962 and the International Emergencies Act of 1977.

In this context, the broad interpretation of the latter law to impose “reciprocal tariffs” was particularly controversial. The International Trade Court declared them illegal on May 28, a ruling upheld on August 29 by an appeals court.

However, the tariffs will remain in effect while the appeal is being reviewed by the Supreme Court, a process scheduled to begin in November 2025. In the meantime, the U.S. tariff structure combines a base tariff of 10%, reciprocal tariffs of up to 50%, sectoral levies, and exclusion lists.