The United States government is launching a new trade investigation into Switzerland, the EU, China, and others to assess whether their manufacturing overcapacity is creating an economic disadvantage for the US. The probe follows legal setbacks to previous tariff policies.

"We have to live with customs duties."
Washington has placed Switzerland squarely in its crosshairs, launching a high-stakes investigation that threatens to upend the trans-Atlantic economic order. In a bold move announced by US Trade Representative Jamieson Greer, the United States is not merely looking at its traditional rivals but is now scrutinizing its closest partners. Switzerland, alongside the European Union, Norway, and Japan, has been added to a list that already includes China and India. The accusation is severe: the US alleges that structural overcapacity in the manufacturing sectors of these nations is creating an unfair economic disadvantage for American industry.
This is not a drill—it is a direct challenge to Swiss industrial might. The inclusion of Switzerland in this probe signals that the US administration is taking a "scorched earth" approach to trade deficits, refusing to distinguish between allies and adversaries. The investigation aims to determine if Swiss efficiency is, in the eyes of Washington, actually a predatory practice that harms US interests. With the global economy already fragile, this aggressive maneuver forces Bern into a defensive posture, requiring immediate and decisive diplomatic engagement to prevent punitive economic measures.
President Trump’s trade policy has hit a legal wall, but the administration is simply tearing a new door through the regulatory framework. In a stunning rebuke this February, the US Supreme Court prohibited the President from imposing tariffs by decree, effectively stripping him of the power to bypass Congress using his previous legal justifications. However, rather than retreating, the White House has doubled down with renewed ferocity. Since the start of his second term in January 2025, Trump has sought to reshape global trade flows, and this court ruling has only accelerated his search for alternative weapons.
Following the Supreme Court's slapdown, the administration has pivoted to a different instrument of economic warfare. Trump immediately announced a retaliatory 10% global tariff rate, set to batter all trading partners for the next 150 days. This "across-the-board" penalty serves as a stopgap measure while the new investigation ramps up. It is a clear message to the judiciary and the world: the tariffs are coming, one way or another. The legal gymnastics demonstrate a relentless determination to protect US markets, leaving partners like Switzerland to navigate a chaotic and unpredictable legal landscape.
For Switzerland, the difference between a diplomatic win and an economic disaster is exactly 24 percentage points. Bern is currently locked in intense negotiations to secure a 15% tariff rate—a painful but manageable figure compared to the alternative. The US administration had initially threatened a staggering 39% rate on Swiss imports, a level that would have decimated competitiveness in key export sectors. Securing the lower rate since November has been a temporary victory, but the new investigation threatens to unravel this progress.
Swiss negotiators are walking a tightrope without a safety net. The State Secretariat for Economic Affairs (SECO) has warned that the country must "live with customs duties," acknowledging the new protectionist reality. However, a jump back to nearly 40% would be catastrophic for Swiss machinery, pharmaceuticals, and precision instruments. The current talks are critical; Switzerland must convince Washington that its manufacturing capacity is a sign of quality, not a weapon of economic distortion. The stakes could not be higher as Bern fights to keep the trade gates open.
The US is dusting off a Cold War-era relic to fight a modern economic war. The investigation is grounded in Section 301 of the 1974 Trade Act, a powerful legislative tool that grants the President broad authority to retaliate against trade practices deemed "unreasonable" or "discriminatory." This is the same hammer Washington has previously used to pound Chinese markets, and now it swings toward Europe and Switzerland. By invoking this specific law, the administration sidesteps the recent Supreme Court restrictions, opening a new front in the trade war.
This strategy allows the US to define "overcapacity" on its own terms, effectively penalizing countries for being too productive. For Switzerland, a nation built on high-value manufacturing and export efficiency, this definition is particularly dangerous. If the US concludes that Swiss industrial output is structurally excessive, it provides the legal cover to impose long-term punitive tariffs that go far beyond the temporary 10% global rate. We are witnessing the weaponization of archaic trade laws to enforce a strictly "America First" agenda, leaving global free trade principles in tatters.