On February 20, 2026, President Donald Trump issued a proclamation imposing a 10 percent ad valorem import duty under Section 122. The measure is scheduled to take effect on February 24, 2026, at 12:01 a.m. EST and will remain in place for a temporary period of 150 days. The proclamation includes an in-transit provision that exempts goods loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States before 12:01 a.m. EST on February 24, provided the goods are entered before 12:01 a.m. EST on February 28.
Certain goods will not be subject to the temporary import duty due to the needs of the U.S. economy or to ensure the duty more effectively addresses the fundamental international payments issues facing the United States. These exclusions include certain critical minerals, metals used in currency and bullion, energy and energy products, natural resources and fertilizers that cannot be produced domestically or in sufficient quantities to meet demand, certain agricultural products such as beef, tomatoes, and oranges, pharmaceuticals and pharmaceutical ingredients, certain electronics, passenger vehicles and specified light, medium, and heavy-duty vehicles and buses along with certain related parts, certain aerospace products, and informational materials such as books, donations, and accompanied baggage.
Additional exclusions apply to all articles and parts of articles that are currently or later become subject to Section 232 actions, USMCA-compliant goods of Canada and Mexico, and textiles and apparel articles that enter duty-free as goods of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua under the Dominican Republic-Central America Free Trade Agreement. Except as otherwise provided in the proclamation, the Section 122 duty is in addition to any other applicable duties, taxes, fees, exactions, and charges. As outlined in Annexes I and II to the proclamation, all articles imported into the United States will be subject to the 10 percent ad valorem duty rate unless specifically excluded. The surcharge does not apply to imports of articles listed in paragraph 2 of Annex I and as enumerated in Annex II. The details of the Annexes can be found in the following links: Annex I Annex II
President Trump also issued an Executive Order confirming the continuation of the de minimis suspension for all countries in response to the recent United States Supreme Court decision striking down the use of IEEPA tariffs.
Over the weekend, President Trump stated on social media that he intends to increase the 10 percent ad valorem import duty under Section 122 to the maximum 15 percent tariff. However, the Executive Order has not been updated to reflect this statement, and U.S. CBP has not issued any formal guidance or confirmation at this time.
Links to the Executive Order and additional details can be found below:
Imposing a Temporary Import Surcharge to Address Fundamental International Payments Problems
Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries