The United States establishes a new tariff regime for UAS and their components

On 13 August 2026, US President Donald Trump signed the Proclamation “Adjusting Imports of Unmanned Aircraft Systems and Unmanned Aircraft System Components into the United States” (the “Proclamation”), which establishes new tariffs on imports of UAS and their components. The decision followed a US Department of Commerce investigation that found UAS and their components are being imported in volumes and under circumstances that threaten US national security.

Ukraine is not on the list of countries eligible for the preferential tariff regime, so UAS and components of Ukrainian origin will be subject to duties of between 25% and 100%, depending on the category of goods. At the same time, the Proclamation opens a separate route for manufacturers willing to relocate production to the US, offering them duty-free imports of equipment and components. Ukrainian manufacturers and exporters have until 3 September 2026 (until 9 February 2027 for goods listed in Annex III[1]), the date the Proclamation enters into force, to decide on their next steps.

Key changes in US tariff policy

The Proclamation established the following tariff rates for UAS and their components:

• UAS with a maximum take-off weight of more than 25 kg, thermal imaging UAS, docking stations, “critical” components[2] – 100% ad valorem;
• UAS with a maximum take-off weight of 25 kg or less[3] – 25% ad valorem;
• some other components for UAS – 25% ad valorem.

The Secretary of Commerce is authorised to modify this list of products: an expansion of the list of components is allowed in the event that it is determined that imports of certain components have increased in such a way that it threatens to harm the US national security, contributes to a threat to national security, or otherwise contradicts the purposes established by the Proclamation.^[4]

Exceptions and preferences for certain categories of goods

The Proclamation establishes a separate tariff regime for a certain category of goods.

Firstly, for goods from Japan, South Korea, Taiwan, Switzerland, and EU member states – the maximum duty rate is 15% ad valorem, provided that critical components/technologies have a certificate confirming their origin from a country on the approved list. For the UK, there is a limit of 10% ad valorem.[5]

Secondly, for companies included as of 2 September 2026 in the Department of War’s approved Blue UAS Cleared List, the Blue UAS Framework or the FCC’s Conditional Approval List, the entry into force of duties is delayed by 180 days.[6]

Programme to stimulate the transfer of production to the domestic market

A separate provision of the Proclamation concerns encouraging manufacturers to transfer the UAS production to the US. Companies whose plan to transfer production to the United States will be approved by the Secretary of Commerce and the Secretary of War will be able to import UAS and their components, as well as the necessary production equipment, without paying the corresponding duties. These exemptions are granted for the duration of the facility’s construction, in amounts proportional to the expected annual production volume at the US manufacturing facility.^[7] The production transfer plan must include a commitment to complete construction by 20 January 2029.^[8]

As a result, the Ukrainian market is already responding to the new conditions: six Ukrainian drone manufacturers have been given the opportunity to participate in tests in the US as part of the Pentagon’s Drone Dominance programme and have also been invited to the Gauntlet II tests in Colorado. According to Travis Metz, a representative of the Defense Innovation Unit, all six companies are already establishing or planning to establish joint ventures with American manufacturers as this is one of the conditions for future contracts.

What does this mean for Ukrainian producers and exporters?

These changes will significantly affect supply chains and commercial arrangements between counterparties in both the US and Ukraine. Before the Proclamation enters into force, Ukrainian companies should consider the following steps:

1. assess the impact of the new rates on existing contracts and supply chains involving US counterparties;
2. explore relocating production to the US under a plan subject to approval by the Secretary of Commerce and the Secretary of War, and the associated duty exemptions;
3. check whether access to the US market is feasible through a jurisdiction with a preferential rate, subject to certifying the origin of “critical” components.

Sayenko Kharenko team is ready to help Ukrainian manufacturers of drones and drone components to analyse the impact of the new Proclamation on their businesses and advise those planning to enter or expand their presence in the US market.

[1]  The goods in Annex III are classified according to the following UKTZED codes: 880710, 880720, 880730, 880790;

[2]  Relevant goods are classified according to the following UKTZED codes: 850440, 853710, 880621, 880622, 880623, 880624, 880629, 880691, 880692, 880693, 880694, 880699, 880710, 880720, 880730, 880790, as provided for in Annex I to the Proclamation;

[3] The relevant goods are classified according to the following UKTZED codes: 880621, 880622, 880623, 880691, 880692, 880693, as provided for in Annex II to the Proclamation. Please note that some codes are duplicated in Appendix I, II and III, in which case the rate of 25% under Appendix III and II applies only to goods that are not subject to the restrictions of Appendix I;

[4]  Proclamation, para.5;

[5]  Proclamation para.4;

[6] Proclamation para.7;

[7] Proclamation, para. 6(c);

[8] Proclamation, para. 6(а).