Delta Air Lines speeds past tariffs: old strategy to dodge new A-350 tax
Import tariffs circumvented by turning a delivery flight into a commercial one

Delta Air Lines appears to be reintroducing a tried-and-true strategy to avoid costly import duties on European-made Airbus aircraft. The airline reportedly plans to receive a new A-350/900, subject to a 10% tariff, by transiting and operating it as a commercial flight in a third country before it enters the United States. The tactic, which Delta has been using since October 2019, leverages a loophole in US customs regulations that exempts aircraft that are not considered “new” from tariffs. Delta implemented the strategy in 2019 in direct response to the World Trade Organization (WTO) ruling that ruled in favor of the United States in a case involving alleged illegal European subsidies for commercial aircraft launch programs.
In these hours, sources close to the air company confirm that the A-350/900 in question, with registration N528DN and being delivered from the French assembly line in Toulouse today, April 30, 2025, will not be directly routed to Atlanta, United States. Instead, it will make a commercial flight to a third country (presumably Japan, touching down at Tokyo-Narita International Airport), as has already happened in the past with other Airbus deliveries. This would allow Delta to classify the aircraft as "used" upon arrival in America, thus avoiding the application of the 10% duty. The airline, through CEO Ed Bastian, has consistently stated its intention not to bear these additional costs, actively seeking legal solutions to circumvent them.
Using third-party countries as operational “stopping points” for new Airbus aircraft is a strategy that Delta has refined over time in response to the international trade environment, and reflects the airlines’ determination to protect their profit margins especially at a time of global economic turmoil.
AVIONEWS - World Aeronautical Press Agency