On the evening of Feb. 20, 2026, the White House published several important documents related to U.S. importers, including a proclamation, two executive orders and a fact sheet. Krieger’s team is actively reviewing all newly published data related to the changes in the International Emergency Economic Powers Act (IEEPA) tariffs and the introduction of a new Section 122 ad valorem duty. As Krieger, alongside many other industry experts, continues to read through and interpret the documents, there will be updates with further guidance. Below are several key facts from these latest publications that all importers should be aware of, along with the links to the publications.
Proclamation: “Imposing a Temporary Import Surcharge to Address Fundamental International Payments Problems”
Under the authority of Section 122 of the Trade Act of 1974, President Trump is imposing a temporary 10% ad valorem import duty on most goods entering the United States for a 150-day period to help address significant imbalances facing the U.S. economy. The action also continues the suspension of duty-free de minimis treatment for low-value imports and directs the use of Section 301 authority to investigate discriminatory foreign trade practices.
The 10% temporary import duty will take effect on Tuesday, Feb. 24, 2026, at 12:01 a.m. Eastern Standard Time.
Exemptions:
- The following goods will not be subject to the temporary import duty:
- All articles and parts of articles that are or will become subject to Section 232 actions
- United States-Mexico-Canada (USMCA)-compliant goods of Canada and Mexico
- 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
- Some goods will not be subject to the temporary import duty because of the needs of the U.S. economy or in order to ensure the duty more effectively addresses the fundamental international payments problems facing the United States, which can be found on annex II of the proclamation.
Executive Order: “Ending Certain Tariff Actions”
The order directs that the additional ad valorem duties imposed under a series of previous executive orders using IEEPA, including tariffs targeting imports related to border security, fentanyl, Venezuelan oil, trade deficits and actions by Brazil, Russia, Cuba and Iran, will cease and will no longer be collected, while leaving the underlying national emergencies intact and preserving other non-IEEPA tariff authorities. Agencies—including the Commerce Department, the United States Trade Representative and the Department of Homeland Security, under which Customs and Border Protection (CBP) is the largest agency—are instructed to take steps to terminate the collection of these extra duties and adjust the Harmonized Tariff Schedule as needed, with other duties imposed under Section 232 or Section 301 unaffected by the order.
A specific date as to when the IEEPA duties will no longer be collected was not published in the executive order. Further guidance and implementation direction from CBP is required regarding any removal of IEEPA tariffs from entries. Until such guidance is issued, entries must continue to be filed reflecting IEEPA tariffs, with duties paid accordingly.
Executive Order: “Continuing the Suspension of Duty-Free de Minimis Treatment for All Countries”
This executive order continues the suspension of duty-free de minimis treatment for low-value imports. As a result, shipments that would normally qualify for duty-free entry based on value must remain subject to applicable duties, regardless of country of origin or whether they arrive through the international postal system or other channels. The administration determined that maintaining the suspension is necessary in light of ongoing national emergency concerns, and it directs CBP to continue collecting duties on these shipments until further notice.
