25 US States Sue to Block Trump Tariffs on Africa
United States · TRADE
Key Facts
—The lawsuit: A coalition of 25 US states sued the Trump administration on 3 August 2026 in the US Court of International Trade to block tariffs on goods from 60 trading partners.
—The tariff rates: The challenged duties range from 10 percent to 12.5 percent and the states want the court to halt them, declare them unlawful, and order refunds of duties already paid.
—Legal precedent: The same court ruled on 7 May 2026 that Trump’s 10 percent global tariffs were unlawful under a 1970s trade statute, and the Supreme Court struck down IEEPA tariffs on 20 February 2026.
—Africa hit hard: The measures affected 52 of 54 African countries, with 29 nations facing a baseline 10 percent tariff and 22 facing rates of up to 50 percent on most products.
—Country-level exposure: Tariffs were set at 30 percent for South Africa, 47 percent for Madagascar, and 50 percent for Lesotho, according to the Rosalux analysis.
—AGOA at risk: The African Growth and Opportunity Act, which grants duty-free access to the US market, was set to expire in September 2025 and the new tariff policy threatens to undermine its remaining trade preferences.
Twenty-five US states have sued the Trump administration to block a fresh round of tariffs that hit dozens of African nations, arguing the White House is using a new legal theory to recreate import taxes already struck down by American courts.
The legal challenge unfolds
A coalition of 25 US states filed suit against the Trump administration on 3 August 2026 in the US Court of International Trade, Reuters and The Guardian reported. The states are challenging tariffs of 10 percent to 12.5 percent applied to goods from 60 trading partners.
The plaintiffs argue the duties are a pretext for restoring import taxes that the Supreme Court had already struck down on 20 February 2026. They want the court to halt the tariffs immediately, declare them unlawful, and order the refund of duties already collected.
The legal fight follows an earlier ruling on 7 May 2026, when the same court found Trump’s 10 percent global tariffs unlawful under a 1970s trade statute. That 2–1 decision blocked relief only for the plaintiffs in that case, after rejecting broader standing claims by a 24-state coalition.
Why Trump tariffs hit Africa hard
The tariff schedule has been especially punishing for African exporters. According to the Rosalux analysis, rates were set at 30 percent for South Africa, 47 percent for Madagascar, and 50 percent for Lesotho—countries that built export industries around preferential access to the American market.
The Indian Council of World Affairs noted the measures affected 52 of 54 African countries, excluding only Burkina Faso and Seychelles. The Center for Strategic and International Studies said 29 African nations faced the baseline 10 percent tariff, while 22 faced rates of up to 50 percent on most products.
The London School of Economics analysis confirmed a 10 percent base tariff on 29 African nations and rates exceeding 30 percent on countries such as South Africa, Angola, and Botswana. Some exceptions applied for strategic goods, including certain critical minerals.
AGOA and the end of preferential access
Reuters reported in April 2025 that steep US tariffs on Africa signalled the possible end of the African Growth and Opportunity Act, which was set to expire in September 2025. The Carnegie Endowment said the new tariff policy threatens to undermine trade preferences long established under AGOA.
Brookings warned that countries such as South Africa and Lesotho face significant adjustment costs. These nations had built manufacturing and textile industries specifically to serve the US market under duty-free access, and the sudden tariff shock leaves those investments exposed.
For African governments, the episode reinforces the case for diversifying export markets and accelerating implementation of the African Continental Free Trade Area. Reducing dependence on preferential access to the US market has become an urgent policy priority.
The great-power competition dimension
The tariffs are functioning as an instrument of great-power competition rather than a narrow trade-policy tool. The LSE Business Review said the measures are being used to address trade imbalances, assert national economic interests, and use geopolitical power.
Reuters reported that analysts expect the tariff shock to increase China’s already substantial role as a trading partner and investor in Africa. The World Economic Forum noted that the International Monetary Fund and others warn geo-economic fragmentation could damage sub-Saharan Africa through higher import costs and weaker export access.
African economies are especially vulnerable because they depend heavily on foreign direct investment, export markets, remittances, and predictable trade preferences. The broader strategic contest between the United States, China, and the European Union raises the stakes for African states trying to balance market access across rival blocs, a dynamic explored in our pillar Africa: The New Scramble.
What the lawsuit means for business
The immediate legal question is whether the US executive can keep using trade statutes to impose blanket tariffs on nearly all imports from dozens of countries. The Africa story is about whether those legal fights translate into policy stability for exporters.
For businesses, the most material risks are price shocks, margin compression, contract uncertainty, and possible trade diversion away from African manufacturing toward unprocessed commodities and third markets. African firms must now assume that US market access is becoming more volatile and politically contingent.
The lead states in earlier litigation included Oregon, Arizona, California, and New York. Their renewed challenge signals that the legal battle over presidential tariff authority is far from settled, and the outcome will shape trade policy well beyond American borders.
What to watch next
The US Court of International Trade in New York will now consider whether to issue a preliminary injunction halting the tariffs while the case proceeds. A ruling could come within weeks, given the urgency of the trade disruption.
For African exporters, the case offers a narrow window of hope that the duties could be rolled back. But even a favourable ruling may not restore the predictability that AGOA once provided, and the search for alternative markets is already accelerating.
The deeper question is whether the United States remains a reliable trading partner for Africa. As the legal and political battles over tariffs continue, African governments and businesses are being forced to plan for a world in which American market access can no longer be taken for granted.
Frequently Asked Questions
Which US states are suing over the Trump tariffs?
A coalition of 25 US states filed the lawsuit on 3 August 2026, with Oregon, Arizona, California, and New York among the lead states named in earlier related litigation.
How do the tariffs affect African countries?
The measures hit 52 of 54 African nations, with 29 facing a 10 percent baseline tariff and 22 facing rates of up to 50 percent, including South Africa at 30 percent and Lesotho at 50 percent.
What is AGOA and why does it matter in this case?
The African Growth and Opportunity Act granted duty-free US market access to eligible African countries and was set to expire in September 2025, with the new tariffs threatening to undermine its remaining trade preferences.
Connected Coverage
For deeper analysis of how great-power competition is reshaping Africa’s trade and investment landscape, read our pillar Africa: The New Scramble.
Sources
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