WASHINGTON: President Donald Trump on Friday announced a new 10% import duty on goods entering the United States from around the world, moving to replace a set of emergency tariffs that the U.S. Supreme Court struck down hours earlier. In remarks at the White House, Trump called the ruling “deeply disappointing.” The White House said the new levy will take effect at 12:01 a.m. Eastern time on Feb. 24, 2026, and will run for 150 days, with specified exemptions for certain products and trade partners.
The Supreme Court ruled 6-3 that the International Emergency Economic Powers Act does not authorize a president to impose tariffs. The decision came in Learning Resources, Inc. v. Trump, consolidated with V.O.S. Selections, Inc. v. Trump. Chief Justice John Roberts announced the Court’s judgment and wrote the main opinion, with Justices Neil Gorsuch and Amy Coney Barrett joining key portions alongside Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Justice Brett Kavanaugh dissented, joined by Justices Clarence Thomas and Samuel Alito, and Thomas also filed a separate dissent.
In a separate executive order issued the same day, Trump directed the federal government to end the collection of additional ad valorem duties that had been imposed under IEEPA across a series of prior actions. The order cited multiple tariff-related executive orders from 2025 and early 2026, including a reciprocal tariff action tied to goods trade deficits and other country specific measures. It instructed executive departments and agencies to take steps to terminate the duties “as soon as practicable,” and directed coordination with U.S. Customs and Border Protection on any necessary tariff schedule changes.
Legal basis and timeline
Trump’s new tariff action is framed as a temporary import surcharge under Section 122 of the Trade Act of 1974, which permits a short term surcharge to address certain “fundamental international payments problems.” The proclamation sets a 10% ad valorem duty on articles imported into the United States, with exceptions set out in annexes. The proclamation states the duty is in addition to other charges but does not apply on top of tariffs imposed under Section 232, and it treats the surcharge as a regular customs duty.
The proclamation states the duty applies to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern time on Feb. 24, 2026, and continues through 12:01 a.m. Eastern daylight time on July 24, 2026, unless ended earlier or extended by an act of Congress. It also includes a limited exception for certain goods in transit before the start time that enter within a short window after implementation. The proclamation directs modifications to the Harmonized Tariff Schedule of the United States and sets requirements for goods admitted into U.S. foreign trade zones.
The White House said some goods will not be subject to the temporary duty because of economic needs or to ensure the measure more effectively addresses the stated payments problem. The exemptions listed include certain critical minerals, metals used in currency and bullion, energy and energy products, and certain natural resources and fertilizers that cannot be produced domestically in sufficient quantities. The list also includes certain agricultural products such as beef, tomatoes and oranges, pharmaceuticals and ingredients, certain electronics, specified vehicles and parts, certain aerospace products, and informational materials such as books, along with donations and accompanied baggage.
De minimis and enforcement
A separate executive order continued the suspension of duty-free de minimis treatment for low value shipments under U.S. law, including goods sent through the international postal network. The order says the de minimis exemption will not apply to covered shipments regardless of value, origin, transportation mode, or entry method, and directs CBP to collect applicable duties. For postal shipments, it sets a duty equal to the rate in the Feb. 20 proclamation and requires carriers or other qualified parties to collect and remit payments under CBP guidance, with entries filed through the Automated Commercial Environment where required.
The White House fact sheet said the administration considers the surcharge part of a response to a “large and serious” balance-of-payments deficit and cited data on recent external balances. It said the annual U.S. goods trade deficit reached $1.2 trillion in 2024 and that the 2024 current account deficit was -4.0% of gross domestic product. It also said the U.S. net international investment position was $26 trillion at the end of 2024, or 89% of GDP, and described that as a measure of the country’s external obligations. Trump signed the proclamation and related executive orders at the White House on Friday – By Content Syndication Services.