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Section 122150-day term ended July 24, 2026Published February 24, 2026

10% Global Tariff Imposed Under Section 122 of the Trade Act of 1974

Hours after the SCOTUS ruling, the President imposed a flat 10% surcharge on most U.S. imports under Section 122, effective Feb 24 and limited to 150 days unless Congress extends it.

Authority
Section 122, Trade Act of 1974
Status
150-day term ended July 24, 2026
Effective
February 24, 2026
Rate
Flat 10% surcharge, statutory maximum 15%

What this affects

Countries
All countries
Product categories
Most imports

The update

Hours after the SCOTUS ruling, the President issued a proclamation imposing a flat 10% surcharge on most U.S. imports under Section 122, citing balance-of-payments deficits. The tariff applies uniformly to all countries (no country-specific rates) and took effect Feb 24 at 12:01 a.m. ET. It is limited to 150 days unless Congress extends it.

Impact

Unlike the old IEEPA regime, Section 122 applies a single flat rate across all trading partners. Countries that previously faced high IEEPA rates (e.g., China, India, Vietnam) now see lower duties, while countries with low or negotiated rates may face higher ones. The 150-day clock creates a hard deadline for the Administration to establish replacement authorities.

What to watch

USMCA-qualifying goods exempt. Section 232 products excluded (no stacking). Critical minerals, energy, pharma, and electronics also exempt. In-transit exemption for goods loaded before Feb 24. The 150-day statutory limit ran out on July 24, 2026 unless Congress extended it.

How to prepare

  1. 1
    Model both 10% and 15% on your top SKUs

    The statutory ceiling is 15%, so quoting on 10% alone leaves the gap unpriced.

  2. 2
    Confirm USMCA qualification where it applies

    Qualifying goods are exempt, which can outweigh a unit-price difference elsewhere.

  3. 3
    Check the in-transit exemption on open orders

    Goods loaded before the effective date were treated differently, so shipment dates matter.