Delta uses loophole to avoid Trump tariffs on new A350s


Facing the threat of costly import tariffs imposed by the Trump administration in the US, Delta Air Lines has said it will be using tactics to avoid attracting additional cost when importing European-made Airbus aircraft into its fleet. Keen to avoid the 10% tariffs payable on European-made products entering the country, the Atlanta-based carrier stands to make significant savings by using imaginative means to avoid (rather than evade) paying the costs due for accepting delivery of new Airbus planes.

The strategy to be employed by Delta to work around the tariff structure imposed on European imports to the US involves re-routing new Airbus planes on delivery via an intermediary country – the reason being that the tariffs are only payable on ‘new’ products rather than used ones. The US defines a new aircraft as one that has not flown operational flights other than production tests or direct delivery flights. The Trump administration defines new aircraft in very narrow terms, which means that airlines like Delta have to work around the restrictions to avoid additional costs.

If a newly constructed airplane operates a revenue flight outside the European Union before arriving in the US, it no longer meets the definition of a new import, thereby avoiding tariffs, says the airline. If a commercial aircraft is produced in France, for example, and is then flown on a delivery flight to a third country before arriving in the US, it is no longer deemed to be new and therefore does not attract the 10% levy on imported goods, says Delta.

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