CSMS 67844987 was released, which confirmed the Feb. 20, 2026, presidential proclamation, “Imposing a Temporary Import Surcharge to Address Fundamental International Payments Problems,” issued under Section 122 of the Trade Act of 1974. The proclamation imposes an additional 10% ad valorem duty on most imported articles from all countries for a period of 150 days, unless specifically exempt. It is possible that the 10% tariff rate may be raised to 15% at some point based on statements made by President Trump.
Application of Additional Duty Rates Under Section 122
The 10% tariff will apply to articles that are the product of any country entered for consumption, or withdrawn from a warehouse for consumption, on or after 12:01 a.m. Eastern Standard Time (EST) on Feb. 24, 2026, and through 12:01 a.m. Eastern Daylight Time (EDT) on July 24, 2026.
Exemptions:
- In-transit exclusion: Articles the product of any country that (1) were 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prior to entry into the United States, before 12:01 a.m. EST on Feb. 24, 2026; and (2) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. EST on Feb. 28, 2026.
- Section 232: An exclusion is available for certain articles and parts subject to Section 232 measures, including Section 232 on steel, aluminum, vehicles and related parts, semiconductors, copper products, wood products and certain heavy-duty vehicles and parts. Importers should confirm whether their classifications trigger additional duties and whether an exclusion applies.
- If Section 232 duties apply to only part of an import, the new tariff will apply only to the non-Section 232 portion and not to the portion already subject to Section 232 tariffs.
- United States-Mexico-Canada Agreement (USMCA) and Dominican Republic-Central America Free Trade Agreement (DR-CAFTA): Exclusions also apply to qualifying goods from Canada and Mexico entered duty-free under USMCA, as well as qualifying textile and apparel goods from Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua under CAFTA-DR.
Importers should review product classifications and origin qualification to ensure proper reporting and compliance.
Drawback is available for the Section 122 tariff.
IEEPA Tariffs No Longer Collected After Feb. 24, 2026
As reflected in CSMS 67834313, duties imposed pursuant to IEEPA will no longer be in effect and will no longer be collected for goods entered for consumption or withdrawn from a warehouse for consumption, on or after 12:00 a.m. EST on Feb. 24, 2026.
What Reports Should I Be Pulling in ACE as I Await Instructions About Potential IEEPA Refunds?
The Automated Commercial Environment (ACE) is a powerful reporting platform that provides real-time visibility into entry summaries, liquidation status, tariff details, statements and compliance data maintained by U.S. Customs and Border Protection (CBP). It allows importers and brokers to reconcile filings against CBP records, monitor post-entry activity and proactively manage compliance risk using the same data reflected in CBP’s system of record.
After the IEEPA Decision: Preparing for Refunds, Protests and What Comes Next
Join Krieger Worldwide, experts in customs brokerage and compliance strategy, along with customs and international trade attorney Kayla R. Owens of Steinsaltz & Hostak, for a timely and practical discussion on the impact of the recent Supreme Court IEEPA decision. As the case returns to the Court of International Trade and the industry awaits clarity on refunds and procedures, importers must begin preparing now.
This webinar will break down what the decision means, what we anticipate from the CIT, how potential refund mechanisms may unfold and what steps importers should be taking immediately—including reviewing entries, preserving protest rights and strengthening compliance strategy.
Designed for importers, compliance professionals and trade executives, this session will provide legal insight and operational guidance to help you protect your organization and position yourself for what comes next.
Click this link to register.
