U.S. tariffs · Section 122
Section 122 temporary import surcharge
Ended (status checked Oct 16, 2026, the last day we checked the Federal Register for later documents).
Proclamation 11012 (91 FR 9339): “shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, … or unless the effective period of such surcharge is extended by an Act of the Congress”
Proclamation 11012, signed February 20, 2026 under Section 122 of the Trade Act of 1974, imposed a temporary 10% ad valorem surcharge on articles imported into the United States from 12:01 a.m. eastern standard time on February 24, 2026, for a period of 150 days. The proclamation lists exceptions in Annexes I and II, including certain critical minerals, energy products, pharmaceuticals, certain electronics, passenger vehicles, goods subject to Section 232 tariffs, USMCA duty-free goods of Canada or Mexico, and certain CAFTA-DR textiles. Section 122 allows a surcharge of up to 15% ad valorem for no more than 150 days unless the period is extended by an Act of Congress. The proclamation states the surcharge continues through 12:01 a.m. eastern daylight time on July 24, 2026, unless ended earlier or extended by an Act of Congress.
| Legal authority | Section 122 of the Trade Act of 1974 “Section 122 authorizes the President to impose, for a period not exceeding 150 days unless extended by an Act of the Congress, a temporary import surcharge up to 15 percent ad valorem” Proclamation 11012 |
|---|---|
| Countries | All countries “Except as otherwise provided in this proclamation, as set forth in Annexes I and II to this proclamation, all articles imported into the United States shall be subject to a 10 percent ad valorem duty rate.” Proclamation 11012 |
| What it covers | All imported articles, except products listed in Annexes I and II, such as certain critical minerals, energy products, pharmaceuticals, certain electronics, passenger vehicles, certain aerospace products and goods subject to Section 232 tariffs. “the surcharge imposed in this proclamation shall not apply to the following products, as further detailed in Annexes I and II to this proclamation: (a) certain critical minerals; (b) metals used in currency and bullion; (c) energy and energy products;” Proclamation 11012 |
| Took effect | Feb 24, 2026, 12:01 a.m. eastern standard time “The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 24, 2026” Proclamation 11012 |
| End date in the document | Jul 24, 2026 · End stated in Proclamation 11012 (12:01 a.m. eastern daylight time on July 24, 2026). We found no later Federal Register document that extends, suspends, modifies or terminates the surcharge. “shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, unless the surcharge imposed in this proclamation is expressly suspended, modified, or terminated on an earlier date” Proclamation 11012 |
Rates in place when the action ended
These rates no longer apply under this action. One row per rate the documents set. Rates in separate rows are not added together here; each document sets how its duty applies alongside others.
| Rate | What | From | In the document's words |
|---|---|---|---|
| 10% ad valorem | Temporary import surcharge Articles imported into the United States, except the products listed in Annexes I and II | Feb 24, 2026 | “I impose, for a period of 150 days, a temporary import surcharge of 10 percent ad valorem, as described below, on articles imported into the United States, effective February 24, 2026.” Proclamation 11012 ↗ |
Exceptions and stacking rules
| Rule | What | From | In the document's words |
|---|---|---|---|
| On top of other duties stacking rule | Stacking with other duties Other duties, taxes, fees, exactions and charges on the same products, unless the proclamation provides otherwise | Feb 24, 2026 | “Except as otherwise provided in this proclamation, the surcharge imposed in this proclamation is in addition to any other duties, taxes, fees, exactions, and charges applicable to such products.” Proclamation 11012 ↗ |
| Not applied stacking rule | Goods subject to Section 232 tariffs The part of an import to which Section 232 tariffs apply; the surcharge applies to the remaining part | Feb 24, 2026 | “The surcharge imposed in this proclamation shall not apply in addition to tariffs imposed under section 232.” Proclamation 11012 ↗ |
| Not applied exception | USMCA duty-free goods of Canada or Mexico Goods of Canada or Mexico entered free of duty under general note 11 of the HTSUS (USMCA) | Feb 24, 2026 | “(l) articles that are entered free of duty as a good of Canada or Mexico under the terms of general note 11 to the Harmonized Tariff Schedule of the United States (HTSUS)” Proclamation 11012 ↗ |
| Not applied exception | CAFTA-DR duty-free textiles and apparel Textile and apparel articles entered free of duty as a good of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras or Nicaragua under CAFTA-DR | Feb 24, 2026 | “(m) textile and apparel articles that are entered free of duty as a good of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua under the Dominican Republic-Central America Free Trade Agreement.” Proclamation 11012 ↗ |
History
- Feb 24, 2026 A 10% surcharge on imported articles took effect, with listed product exceptions. “The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 24, 2026” Proclamation 11012 ↗
- Jul 24, 2026 The surcharge reached the end date stated in the proclamation; we found no later document extending, suspending or terminating it. “shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026” Proclamation 11012 ↗
Source documents
- Proclamation Proclamation 11012: Imposing a Temporary Import Surcharge To Address Fundamental International Payments Problems ↗ Imposes the 10% surcharge for 150 days and states its end date
In the documents' own words
Every quote on this page, checked word for word against the Federal Register text of the document named.
- Authority
“Section 122 authorizes the President to impose, for a period not exceeding 150 days unless extended by an Act of the Congress, a temporary import surcharge up to 15 percent ad valorem”
Proclamation 11012 (91 FR 9339) ↗ - Status
“shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, … or unless the effective period of such surcharge is extended by an Act of the Congress”
Proclamation 11012 (91 FR 9339) ↗ - What it covers
“the surcharge imposed in this proclamation shall not apply to the following products, as further detailed in Annexes I and II to this proclamation: (a) certain critical minerals; (b) metals used in currency and bullion; (c) energy and energy products;”
Proclamation 11012 (91 FR 9339) ↗ - Countries
“Except as otherwise provided in this proclamation, as set forth in Annexes I and II to this proclamation, all articles imported into the United States shall be subject to a 10 percent ad valorem duty rate.”
Proclamation 11012 (91 FR 9339) ↗ - Rate: Temporary import surcharge
“I impose, for a period of 150 days, a temporary import surcharge of 10 percent ad valorem, as described below, on articles imported into the United States, effective February 24, 2026.”
Proclamation 11012 (91 FR 9339) ↗ - Rule: Stacking with other duties
“Except as otherwise provided in this proclamation, the surcharge imposed in this proclamation is in addition to any other duties, taxes, fees, exactions, and charges applicable to such products.”
Proclamation 11012 (91 FR 9339) ↗ - Rule: Goods subject to Section 232 tariffs
“The surcharge imposed in this proclamation shall not apply in addition to tariffs imposed under section 232.”
Proclamation 11012 (91 FR 9339) ↗ - Rule: USMCA duty-free goods of Canada or Mexico
“(l) articles that are entered free of duty as a good of Canada or Mexico under the terms of general note 11 to the Harmonized Tariff Schedule of the United States (HTSUS)”
Proclamation 11012 (91 FR 9339) ↗ - Rule: CAFTA-DR duty-free textiles and apparel
“(m) textile and apparel articles that are entered free of duty as a good of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua under the Dominican Republic-Central America Free Trade Agreement.”
Proclamation 11012 (91 FR 9339) ↗ - Effective
“The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 24, 2026”
Proclamation 11012 (91 FR 9339) ↗ - End
“shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, unless the surcharge imposed in this proclamation is expressly suspended, modified, or terminated on an earlier date”
Proclamation 11012 (91 FR 9339) ↗ - Jul 24, 2026
“shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026”
Proclamation 11012 (91 FR 9339) ↗
Executive orders
- Executive Order 14388: Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries
- Executive Order 14389: Ending Certain Tariff Actions
FAQ
Q Is the Section 122 temporary import surcharge still in effect?
A No. Status: ended, checked Oct 16, 2026 against the Federal Register. Proclamation 11012 (91 FR 9339) states: “shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, … or unless the effective period of such surcharge is extended by an Act of the Congress”
Q What was the rate under the Section 122 temporary import surcharge before it ended?
A Rates in place when the action ended: Temporary import surcharge: 10%, ad valorem, from Feb 24, 2026. Proclamation 11012 (91 FR 9339): “I impose, for a period of 150 days, a temporary import surcharge of 10 percent ad valorem, as described below, on articles imported into the United States, effective February 24, 2026.” Rates listed separately are not added together here.
Q When did the Section 122 temporary import surcharge take effect?
A Feb 24, 2026, 12:01 a.m. eastern standard time. Proclamation 11012 (91 FR 9339): “The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 24, 2026”
Q When did the Section 122 temporary import surcharge end?
A The document set the end at Jul 24, 2026. Proclamation 11012 (91 FR 9339): “shall continue in effect through 12:01 a.m. eastern daylight time on July 24, 2026, unless the surcharge imposed in this proclamation is expressly suspended, modified, or terminated on an earlier date” End stated in Proclamation 11012 (12:01 a.m. eastern daylight time on July 24, 2026). We found no later Federal Register document that extends, suspends, modifies or terminates the surcharge.
Q What law is the Section 122 temporary import surcharge based on?
A Section 122 of the Trade Act of 1974. Proclamation 11012 (91 FR 9339): “Section 122 authorizes the President to impose, for a period not exceeding 150 days unless extended by an Act of the Congress, a temporary import surcharge up to 15 percent ad valorem”
Method and limits: status reflects the Federal Register documents published up to Oct 16, 2026. For the duty on a specific product, check the Harmonized Tariff Schedule (chapter 99) and CBP's CSMS messages. Not legal or customs advice. How this tracker works.