Showing posts with label Tariffs Sec 122. Show all posts
Showing posts with label Tariffs Sec 122. Show all posts

Thursday, July 23, 2026

Section Forced Labor Tariffs from 10% to 12.5% Imposed on 60 Nations

On July 23, 2026, Ambassador Jamieson Greer took final action, at President Trump’s direction, under Section 301 of the Trade Act of 1974 by imposing tariffs on 60 economies for their failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor. This action comes after the Office of the United States Trade Representative’s (USTR) investigations, which included two rounds of public hearings, more than 2,100 public comments, and engagement with our trading partners to remedy these longstanding concerns.

10 percent rate of Section 301 duties will be imposed for investigated economies that (i) impose a forced labor import prohibition; (ii) have committed to impose and enforce such a prohibition through an Agreement on Reciprocal Trade; or (iii) have imposed a partial regime with the effect of preventing the importation of certain forced labor goods. These economies are:

  • Argentina,
  • Bangladesh,
  • Cambodia,
  • Canada,
  • Ecuador,
  • El Salvador,
  • Guatemala,
  • Honduras,
  • India,
  • Indonesia,
  • Jordan,
  • Malaysia,
  • Mexico,
  • Pakistan,
  • Sri Lanka,
  • Trinidad and Tobago, and
  • United Kingdom.

10 percent or 12.5 percent, net of Most-Favored-Nation (MFN) rate will be imposed for certain products of the European Union, Taiwan, Japan, Korea, and Switzerland.

12.5 percent will be imposed for all other investigated economies.

See: Scheduled Federal Register Notice.

Friday, May 15, 2026

UPDATE: Section 122 Tariffs

On February 20, 2026, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of tariffs. Later that same day, President Trump announced that he was imposing a temporary 10% surcharge on imports using Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132). This is the first time a President has used Section 122.

See: 91 FR 9339 (February 25, 2026).

Section 122 authorizes the President to impose temporary import duties or surcharges "[w]henever fundamental international payments problems require special import measures to restrict imports (1) to deal with large and serious United States balance-of-payments deficits, (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or (3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium." President Trump's actions have raised questions about the meaning of the term "balance-of-payments deficits" as it is used in Section 122.

See: CRS Report IF13199 (April 9, 2026).Sec. 122 of the Trade Act of 1974. as amended.

See: Sec. 122 of the Trade Act of 1974, as Amended through P.L. 119–75, Enacted February 3, 2026.

On May 7, 2026, The United States Court of Internation Trade, in a devided decision, struck down Trump's Section 122 tariff action.

See: Slip Op. 26-47 (May 7, 2026).

On May 12, 2026, several non-governmental sources reported that the United States Court of Appeals for the Federal Circuit stayed the CIT's judgment while the court considers such relief.

Monday, April 20, 2026

BACKGROUND to IEEPA Tariffs and Sec. 122 Tariffs

On February 20, 2026, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of tariffs. Later that same day, President Trump announced that he was imposing a temporary 10% surcharge on imports using Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132). This is the first time a President has used Section 122.

Section 122 authorizes the President to impose temporary import duties or surcharges "[w]henever fundamental international payments problems require special import measures to restrict imports (1) to deal with large and serious United States balance-of-payments deficits, (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or (3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium." President Trump's actions have raised questions about the meaning of the term "balance-of-payments deficits" as it is used in Section 122.

Extending the Tariffs. Section 122 authorizes a surcharge for up to 150 days "unless such period is extended by Act of Congress." Congress could consider legislation to extend (or terminate) the surcharge proclaimed by President Trump, although Section 122 does not provide expedited procedures for considering such legislation.

Amending Section 122. If Congress approves or disapproves of Section 122 duties and does not wish to wait for or defer to courts' interpretations of the statute, it could either amend Section 122 or pursue nonbinding measures (such as a simple resolution) to express whether it thinks Section 122's conditions for tariffs are currently satisfied.

See: Proclamation 11012 of February 20, 2026

See: Section 122 of the Trade Act of 1974.

See: CRS Report IF13199.

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On February 20, 2026, the U.S. Supreme Court issued its decision in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., two appeals concerning tariffs President Trump had imposed under the International Emergency Economic Powers Act (IEEPA). In an opinion authored by Chief Justice Roberts, the Court held that IEEPA does not give the President authority to impose tariffs.

See: CRS Report LSB11398.

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On April 2, 2025, President Trump declared a separate emergency concerning "a lack of reciprocity in our bilateral trade relationships . . . as indicated by large and persistent annual U.S. goods trade deficits." Based on this declaration, President Trump invoked IEEPA to announce tariffs of at least 10% on imports from almost all U.S. trading partners and higher, country-specific "reciprocal tariffs" for many countries (collectively, the worldwide tariffs). President Trump subsequently modified the trafficking tariffs and the worldwide tariffs several times. The President also cited IEEPA when imposing tariffs on imports from Brazil, India, and various other imports based on emergency declarations.

See: Executive Order 14257 of April 2, 2025 Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits

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On February 1, 2025, President Donald Trump invoked IEEPA to announce tariffs on imports from Canada, Mexico, and the PRC, declaring emergencies largely concerning illicit drugs (the trafficking tariffs).

Executive Order 14193 imposed additional tariff of 25% on products of Canada, effective February 4, 2025.

See: Executive Order 14193 of February 1, 2025 Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border.

Executive Order 14194 imposed additional tariff of 25% on products of Mexico, effective February 4, 2025.

See: Executive Order 14194 of February 1, 2025 Imposing Duties To Address the Situation at Our Southern Border

Executive Order 14195 imposed additional tariff of 10% on products PRC, effective February 4, 2025.

See: Executive Order 14195 of February 1, 2025 Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s Republic of China

Monday, February 23, 2026

Imposing a Temporary Import Surcharge to Address Fundamental International Payments Problems

February 20, 2026, President Trump is imposing, 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. The surcharge imposed in this proclamation shall not apply to the following products:

(a) certain critical minerals;

(b) metals used in currency and bullion;

(c) energy and energy products;

(d) natural resources and fertilizers that cannot be grown, mined, or otherwise produced in the United States or grown, mined, or otherwise produced in sufficient quantities to meet domestic demand;

(e) certain agricultural products, including beef, tomatoes, and oranges;

(f) pharmaceuticals and pharmaceutical ingredients;

(g) certain electronics;

(h) passenger vehicles, certain light trucks, certain medium- and heavy-duty vehicles, buses, and certain parts of passenger vehicles, light trucks, medium- and heavy-duty vehicles, and buses;

(i) certain aerospace products;

(j) information materials, donations, and accompanied baggage;

(k) all articles and parts of articles currently or that later become subject to additional import restrictions imposed pursuant to section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) (section 232);

(l) articles that are entered free of duty as a GOODS OF CANADA OR MEXICO under the terms of general note 11 to the Harmonized Tariff Schedule of the United States (HTSUS), including any treatment set forth in subchapter XXIII of chapter 98 and subchapter XXII of chapter 99 of the HTSUS, as related to the Agreement between the United States of America, United Mexican States, and Canada; and

(m) TEXTILE AND APPAREL ARCTILES FROM DR-CAFTA (Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua under the Dominican Republic-Central America Free Trade Agreement).

Read the Proclamation HERE.

Tuesday, February 3, 2026