This proclamation by President Donald J. Trump imposes a temporary 10 percent ad valorem import surcharge on articles entering the United States, effective February 24, 2026, for a period of 150 days.
The President finds that large and serious fundamental international payments problems exist, citing a substantial and growing balance-of-payments deficit, a negative balance on primary income, and a sharp decline in the net international-investment position relative to GDP. The surcharge is authorized under section 122 of the Trade Act of 1974 as a necessary measure to stabilize the U.S. economy and national interests.
The proclamation details numerous exceptions to the surcharge based on specific economic needs, including critical minerals, energy products, certain essential agricultural goods, pharmaceuticals, and goods originating from Canada or Mexico under existing trade agreements.
Arguments For
The action is statutorily authorized under section 122 of the Trade Act of 1974 to address "fundamental international payments problems," specifically large and serious balance-of-payments deficits.
Senior officials determined that the US balance-of-payments position shows a large and serious deficit, supported by data on goods trade deficits, negative primary income balance, and a deteriorating net international investment position relative to GDP.
The surcharge is intended to correct the imbalance, prevent significant dollar depreciation, and stabilize financial markets, thereby protecting the US economy and national security interests.
Specific, narrow exceptions are included, based on the needs of the US economy (e.g., unavailability of domestic supply), to ensure the surcharge is targeted and maximizes effectiveness under section 122's purposes.
Arguments Against
Imposing a broad import surcharge risks increasing costs for domestic consumers and businesses relying on imported inputs, potentially causing domestic economic dislocation.
Such unilateral trade restrictions, even if authorized domestically, can provoke retaliatory measures from trading partners, damaging international trade relations and economic stability.
The extensive list of exemptions, though citing economic need, may undermine the stated goal of correcting the overall balance-of-payments deficit if too many critical imports are excluded.
Critics may argue that adjustments to fiscal or monetary policy would be more conventional and less disruptive tools for addressing macroeconomic imbalances like the balance of payments.
Presidential Actions
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
- The United States plays a pivotal role in shaping the global economy. At the same time, the United States faces various threats to its own economy and national interests. Sometimes, the United States faces fundamental international payments problems, such as large and serious balance-of-payments deficits, an imminent and significant depreciation of its currency in foreign exchange markets, or an international balance-of-payments disequilibrium. These problems can, among other things, endanger the ability of the United States to finance its spending, erode investor confidence in the economy, and distress the financial markets.
- Special import measures to restrict imports, such as surcharges and quotas, are key tools to protect the economy and national security of the United States, and, in certain circumstances, they are required to deal with fundamental international payments problems.
- Given the gravity of fundamental international payments problems and the importance of import restrictions as economic, national security, and foreign policy tools, Federal law, including section 122 of the Trade Act of 1974 (19 U.S.C. 2132) (section 122), empowers the President to take action through surcharges and other special import restrictions to address fundamental international payments problems.
- I have received certain requested information and opinions from senior officials on whether any fundamental international payments problems exist and the extent to which such problems could impair United States national interests, including economic and national security interests. The information and opinions discuss, among other things, the state of the balance of payments of the United States, the standing of the United States dollar in foreign exchange markets, and the state of international balances of payments. I have also received opinions and recommendations from senior officials on whether special import measures to restrict imports are required to address any fundamental international payments problems. These opinions address, among other things, whether a surcharge in the form of ad valorem duties is required to restrict imports to deal with large and serious United States balance-of-payments deficits, to prevent an imminent and significant depreciation of the United States dollar in foreign exchange markets, or to cooperate with other countries in correcting an international balance-of-payments disequilibrium.
- These senior officials have informed me that fundamental international payments problems within the meaning of section 122 exist and that special import measures to restrict imports are required to address these problems. Specifically, my advisors have determined that an import surcharge in the form of ad valorem duties is required to deal with large and serious United States balance-of-payments deficits. My advisors have also opined that certain products should not be subject to the surcharge because of the needs of the United States economy and that the recommended exceptions are consistent with the limitations of section 122, the purposes of section 122, and the national interest of the United States.
- Among other things, I have been informed by my advisors that the United States balance-of-payments position, under any reasonable understanding of the term in the context of section 122, is currently a large and serious deficit. My advisors have studied different methods of evaluating balance-of-payments deficits, including calculations based on current-account statistics. In my advisors’ opinions, under any of these methods, the United States balance-of-payments position is a large and serious deficit.
- For instance, my advisors have informed me that the United States runs a deficit in selling goods and services overseas, as reported by the United States Bureau of Economic Analysis (BEA) in the “balance on goods and services;” has recently reflected quarterly deficits in its return on investment or labor, as reported by the BEA in the “balance on primary income;” and runs a deficit in voluntary transfers, such as remittances, as reported by the BEA in the “balance on secondary income.” In other words, the United States runs a trade deficit, does not currently make a net income from the capital and labor that it deploys abroad, and experiences more transfer payments, on net, flowing out of the country than into the country.
- As my advisors have informed me, the United States runs a substantial trade deficit. The large, persistent, and serious annual United States goods trade deficit has grown by over 40 percent in the past 5 years alone, reaching $1.2 trillion in 2024. In 2025, the United States goods trade deficit remained at approximately $1.2 trillion. The effects of this deficit are serious, and this deficit contributes to the fundamental international payments problems facing the United States.
- As my advisors have also informed me, the annual balance on the United States primary income turned negative for the first time since at least 1960 in 2024. From 1960 to 2023, the United States ran a surplus in its annual balance on primary income. That positive balance on primary income served as a stabilizing force for the United States balance-of-payments position even in the face of large and persistent trade deficits. In 2024, however, the balance on primary income turned negative and thus ceased to serve as a counterweight to the trade deficit in the United States current account. Indeed, in 2024, the United States maintained a current account deficit of 4.0 percent of gross domestic product (GDP), almost double the current account deficit of approximately 2.0 percent that prevailed between 2013 and 2019, and larger than that which prevailed from 2019 to 2023. As a share of GDP, the staggering deficit of 4.0 percent represented the biggest annual current account deficit since 2008.
- As my advisors have also informed me, the net international-investment position of the United States is in an ongoing decline. According to the BEA, at the end of 2024, the net international-investment position of the United States, as a share of GDP, was negative 90 percent, a sharp deterioration from the average of negative 41 percent in the decade between 2010 and 2020. In my advisors’ view, this is a highly atypical position for a country, particularly the United States. Indeed, both in terms of United States dollars and as a share of GDP, this represents one of the most negative net international-investment positions of any developed country. Because the current account is one of the primary drivers of changes in the net international-investment position, the atypically large negative net international-investment position of the United States shows that the United States balance-of-payments deficit is large and serious.
- Further, as my advisors have informed me, the balance on secondary income of the United States has been persistently in a deficit since the 1960s.
- According to my advisors, an import surcharge in the form of ad valorem duties is required to address these fundamental international payments problems. In my advisors’ opinions, imposing an import surcharge would deal with the large and serious United States balance-of-payments deficit. My advisors have further recommended that certain products should not be subject to the surcharge because of the needs of the United States economy and have opined that a surcharge with certain exceptions would more effectively deal with the balance-of-payments deficit than would a surcharge without the exceptions.
- After considering the information, opinions, and recommendations that have been provided to me by senior officials, among other relevant information and considerations, I find that fundamental international payments problems within the meaning of section 122 exist; that those problems significantly harm United States national interests, including economic and national security interests; and that special measures to restrict imports are required to address those problems, as authorized by section 122. Specifically, I find that a surcharge in the form of ad valorem duties on certain imports is required to deal with the United States’ large and serious balance-of-payments deficit. Accordingly, 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.
- Because of the needs of the United States economy, I determine that 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;
(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 good 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 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. - I find that each exception described in paragraph 14 of this proclamation — in whole or in part, separately or in any combination — is consistent with the limitations of section 122. These exceptions, which are further detailed in Annexes I and II to this proclamation, reflect my determination that each product covered by each exception should not be subject to a surcharge because of (1) the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, the avoidance of serious dislocations in the supply of imported goods, or other similar factors; or (2) the fact that the surcharge would be unnecessary or ineffective in carrying out the purposes of section 122, such as with respect to articles already subject to import restrictions or goods in transit, which — for purposes of this proclamation — are goods that (i) 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. eastern standard time on February 24, 2026; and (ii) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. eastern standard time, February 28, 2026. I have determined that each exception described in paragraph 14 of this proclamation — in whole or in part, separately or in any combination — is consistent with the purposes of section 122 and will best serve the purposes of section 122. Each of my determinations to except an import from the surcharge imposed in this proclamation is independent from the other. The import-restricting action and the exceptions in this proclamation are not made for the purpose of protecting individual domestic industries from import competition.
- In my judgment, the surcharge imposed in this proclamation is consistent with the purposes of section 122, the national interest of the United States, and the needs of the economy of the United States. Restricting imports through the surcharge imposed in this proclamation is required to address the fundamental international payments problems within the meaning of section 122 that I have found to exist. The surcharge imposed in this proclamation will deal with the large and serious United States balance-of-payments deficit.
- 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 and other temporary limitations on articles imported into the United States in situations of fundamental international payments problems.
- Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (section 604), authorizes the President to embody in the HTSUS the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 122, section 301 of title 3, United States Code, and section 604, do hereby proclaim as follows:
(1) 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.
(2) The surcharge imposed in this proclamation shall not apply to imports of articles listed in paragraph 2 of Annex I to this proclamation and as enumerated in Annex II to this proclamation.
(3) 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.
(4) The surcharge imposed in this proclamation shall not apply in addition to tariffs imposed under section 232. To the extent a tariff imposed under section 232 applies to part of an import, the surcharge imposed in this proclamation shall apply to the part of the import to which section 232 tariffs do not apply but shall not apply to the part of the import to which section 232 tariffs do apply.
(5) The surcharge imposed in this proclamation shall be treated as a regular customs duty.
(6) Any article subject to the surcharge imposed in this proclamation, except those articles eligible for admission under “domestic status” as described in 19 CFR 146.43, that is subject to the surcharge imposed in this proclamation and that is admitted into a United States foreign trade zone on or after the effective date of this proclamation must be admitted as “privileged foreign status,” as described in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rate of duty related to the classification under the applicable HTSUS subheading.
(7) The HTSUS shall be modified as provided in Annex I to this proclamation. 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, and 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, or unless the effective period of such surcharge is extended by an Act of the Congress.
(8) The head of each executive department and agency (agency) is authorized to and shall take all appropriate measures within the agency’s authority to implement this proclamation. The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate the authority to take such appropriate measures within the agency.
(9) The United States Trade Representative (Trade Representative), in consultation with any senior official he deems appropriate, shall monitor and review the status of conditions related to the fundamental international payments problems of the United States, the effect of the surcharge imposed in this proclamation, and any factors he deems relevant. The Trade Representative shall also inform the President of any circumstance that, in the Trade Representative’s opinion, might indicate the need for further action by the President, including under section 122. And the Trade Representative shall inform the President of any circumstance that, in the Trade Representative’s opinion, might indicate that the surcharge imposed in this proclamation should be suspended, modified, or terminated.
(10) The Trade Representative, in consultation with the Chair of the United States International Trade Commission and the Commissioner of U.S. Customs and Border Protection (CBP), shall determine whether any additional modifications to the HTSUS are necessary to effectuate this proclamation and shall make such modifications to the HTSUS through notice in the Federal Register, including any technical correction to Annexes I and II to this proclamation.
(11) The Commissioner of CBP may take any necessary or appropriate measures to administer the surcharge imposed by this proclamation.
(12) (a) Any provision of previous proclamations and Executive Orders that is inconsistent with this proclamation is superseded to the extent of such inconsistency. If any provision of this proclamation or the application of any provision to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or circumstances shall not be affected.
(b) If any exception to the surcharge imposed in this proclamation is held to be invalid in whole or in part, only that exception or that part of the exception shall be treated as invalid. The surcharge imposed in this proclamation shall apply to imports to which the invalidated exception or the invalidated part of the exception applied before its invalidation, but to the extent consistent with law, the surcharge shall be collected only prospectively from the date of the invalidation. No other exception, part of an exception, or application of an exception shall be treated as invalid. This severability provision shall operate even if the surcharge must be applied retroactively to imports to which the invalidated exception or the invalidated part of the exception applied before its invalidation. I would adopt each exception in this proclamation in whole or in part, separately, or in any combination. Each exception, in whole or in part, in this proclamation is supported by the needs of the United States economy and one or more of the factors described in section 122 and is consistent with the national interest of the United States and the purposes of section 122.
(c) This severability provision reflects my determination that the surcharge imposed in this proclamation should remain operative until July 24, 2026, in a way that is consistent with law, including the limitations of section 122, to deal with the large and serious United States balance-of-payments deficits found in this proclamation, regardless of whether any exception or exceptions, in whole or in part, are invalidated. The surcharge imposed in this proclamation — with any combination of the exceptions in paragraph 14 of this proclamation, or even without any of the exceptions in paragraph 14 of this proclamation — is required to deal with the large and serious United States balance-of-payments deficits found in this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of February, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
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The initial part of the document structures the legal and economic justifications for the action.
It establishes that the United States faces serious problems with its international payments, such as massive deficits, which threaten financial stability and national interests.
The President relies on the authority granted by Section 122 of the Trade Act of 1974 to implement import restrictions.
Several paragraphs detail the economic evidence supporting this finding, heavily citing data from the Bureau of Economic Analysis (BEA).
This evidence points to a large goods trade deficit, a major shift where the balance on primary income turned negative in 2024, creating a large current account deficit (4.0% of GDP), and a deteriorating net international-investment position relative to GDP. Senior officials confirmed these deficits are large and serious.
The proclamation then announces the core action: imposing a 10 percent ad valorem temporary import surcharge for 150 days, starting on February 24, 2026.
Crucially, the President exempts numerous essential categories of products, including energy, natural resources, certain foodstuffs, pharmaceuticals, and goods already covered by Section 232 duties or specific free trade agreements (like USMCA/CAFTA-DR).
The implementing sections assign responsibilities, notably directing the U.S. Trade Representative (USTR) to monitor the situation and recommend any necessary modifications.
The document explicitly states the surcharge is intended to correct the balance-of-payments deficit, not to protect specific domestic industries, and includes robust severability provisions to maintain the surcharge's effect even if exceptions are legally challenged.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
This line formally introduces the document as a directive issued by the President of the United States, setting the authoritative tone for the proclamation that follows.
A PROCLAMATION
This section explicitly identifies the document type as a Proclamation, a formal public announcement issued by the President, typically under statutory authority.
- The United States plays a pivotal role in shaping the global economy. At the same time, the United States faces various threats to its own economy and national interests. Sometimes, the United States faces fundamental international payments problems, such as large and serious balance-of-payments deficits, an imminent and significant depreciation of its currency in foreign exchange markets, or an international balance-of-payments disequilibrium. These problems can, among other things, endanger the ability of the United States to finance its spending, erode investor confidence in the economy, and distress the financial markets.
The first numbered point asserts the significance of the U.S. economy globally while immediately identifying potential threats to its economic and national interests.
These threats are defined as "fundamental international payments problems," including large balance-of-payments deficits, currency valuation risks, and overall imbalances.
Such issues are stated to risk financing capabilities, investor trust, and overall market stability.
- Special import measures to restrict imports, such as surcharges and quotas, are key tools to protect the economy and national security of the United States, and, in certain circumstances, they are required to deal with fundamental international payments problems.
This outlines the executive branch's proposed remedy, identifying special import measures like surcharges and quotas as critical tools.
These tools are deemed necessary for protecting the economy and national security, especially when addressing the international payments problems previously identified.
- Given the gravity of fundamental international payments problems and the importance of import restrictions as economic, national security, and foreign policy tools, Federal law, including section 122 of the Trade Act of 1974 (19 U.S.C. 2132) (section 122), empowers the President to take action through surcharges and other special import restrictions to address fundamental international payments problems.
This paragraph establishes the legal basis for executive action.
It specifically invokes section 122 of the Trade Act of 1974, confirming that this federal law delegates authority to the President to use specific actions, like import surcharges, to resolve critical international payments issues.
- I have received certain requested information and opinions from senior officials on whether any fundamental international payments problems exist and the extent to which such problems could impair United States national interests, including economic and national security interests. The information and opinions discuss, among other things, the state of the balance of payments of the United States, the standing of the United States dollar in foreign exchange markets, and the state of international balances of payments. I have also received opinions and recommendations from senior officials on whether special import measures to restrict imports are required to address any fundamental international payments problems. These opinions address, among other things, whether a surcharge in the form of ad valorem duties is required to restrict imports to deal with large and serious United States balance-of-payments deficits, to prevent an imminent and significant depreciation of the United States dollar in foreign exchange markets, or to cooperate with other countries in correcting an international balance-of-payments disequilibrium.
The President confirms the process of consultation, stating that information and opinions from senior officials have been reviewed regarding the existence and national interest impact of any payments problems.
This review covered the U.S. balance of payments, dollar value, and international balances, leading to recommendations on whether import restrictions, specifically an ad valorem duty surcharge, were required to manage deficits or prevent currency depreciation.
- These senior officials have informed me that fundamental international payments problems within the meaning of section 122 exist and that special import measures to restrict imports are required to address these problems. Specifically, my advisors have determined that an import surcharge in the form of ad valorem duties is required to deal with large and serious United States balance-of-payments deficits. My advisors have also opined that certain products should not be subject to the surcharge because of the needs of the United States economy and that the recommended exceptions are consistent with the limitations of section 122, the purposes of section 122, and the national interest of the United States.
This section confirms the findings based on advisory input: fundamental international payments problems exist, requiring import restrictions.
Furthermore, advisors determined that an ad valorem surcharge is necessary to manage serious U.S. balance-of-payments deficits.
The officials also recommended certain product exceptions, asserting these exclusions align with the legal limitations and national interest requirements of section 122.
- Among other things, I have been informed by my advisors that the United States balance-of-payments position, under any reasonable understanding of the term in the context of section 122, is currently a large and serious deficit. My advisors have studied different methods of evaluating balance-of-payments deficits, including calculations based on current-account statistics. In my advisors’ opinions, under any of these methods, the United States balance-of-payments position is a large and serious deficit.
The President reiterates the finding that the U.S. balance-of-payments position constitutes a large and serious deficit, regardless of the specific methodology used for evaluation, including those based on current-account statistics, as advised by senior officials.
- For instance, my advisors have informed me that the United States runs a deficit in selling goods and services overseas, as reported by the United States Bureau of Economic Analysis (BEA) in the “balance on goods and services;” has recently reflected quarterly deficits in its return on investment or labor, as reported by the BEA in the “balance on primary income;” and runs a deficit in voluntary transfers, such as remittances, as reported by the BEA in the “balance on secondary income.” In other words, the United States runs a trade deficit, does not currently make a net income from the capital and labor that it deploys abroad, and experiences more transfer payments, on net, flowing out of the country than into the country.
This paragraph details the components contributing to the overall deficit, referencing the BEA's data.
It specifies that the U.S. runs a deficit in the balance on goods and services (trade), is incurring deficits in primary income (returns on foreign investment/labor), and has a deficit in secondary income (net transfers flowing out).
- As my advisors have informed me, the United States runs a substantial trade deficit. The large, persistent, and serious annual United States goods trade deficit has grown by over 40 percent in the past 5 years alone, reaching $1.2 trillion in 2024. In 2025, the United States goods trade deficit remained at approximately $1.2 trillion. The effects of this deficit are serious, and this deficit contributes to the fundamental international payments problems facing the United States.
The statement emphasizes the seriousness of the goods trade deficit, noting it grew over 40 percent in the last five years, reaching $1.2 trillion in both 2024 and 2025.
This deficit is positioned as a serious contributor to the fundamental international payments problems currently facing the country.
- As my advisors have also informed me, the annual balance on the United States primary income turned negative for the first time since at least 1960 in 2024. From 1960 to 2023, the United States ran a surplus in its annual balance on primary income. That positive balance on primary income served as a stabilizing force for the United States balance-of-payments position even in the face of large and persistent trade deficits. In 2024, however, the balance on primary income turned negative and thus ceased to serve as a counterweight to the trade deficit in the United States current account. Indeed, in 2024, the United States maintained a current account deficit of 4.0 percent of gross domestic product (GDP), almost double the current account deficit of approximately 2.0 percent that prevailed between 2013 and 2019, and larger than that which prevailed from 2019 to 2023. As a share of GDP, the staggering deficit of 4.0 percent represented the biggest annual current account deficit since 2008.
This point highlights a significant change in economic indicators: the primary income balance, which historically offset trade deficits, turned negative in 2024 for the first time since 1960.
This shift led to a current account deficit of 4.0 percent of GDP in 2024, the highest annual deficit level since 2008, nearly doubling the deficit seen in previous periods.
- As my advisors have also informed me, the net international-investment position of the United States is in an ongoing decline. According to the BEA, at the end of 2024, the net international-investment position of the United States, as a share of GDP, was negative 90 percent, a sharp deterioration from the average of negative 41 percent in the decade between 2010 and 2020. In my advisors’ view, this is a highly atypical position for a country, particularly the United States. Indeed, both in terms of United States dollars and as a share of GDP, this represents one of the most negative net international-investment positions of any developed country. Because the current account is one of the primary drivers of changes in the net international-investment position, the atypically large negative net international-investment position of the United States shows that the United States balance-of-payments deficit is large and serious.
The document notes a serious decline in the U.S. net international-investment position, which was negative 90 percent of GDP at the end of 2024, a severe drop from the prior decade's average of negative 41 percent.
Officials view this as highly unusual for a developed nation, and since the current account drives changes in this position, it serves as further evidence of a large and serious balance-of-payments deficit.
- Further, as my advisors have informed me, the balance on secondary income of the United States has been persistently in a deficit since the 1960s.
This point confirms that the balance on secondary income, which relates to voluntary transfers, has consistently shown a deficit for the United States since the 1960s.
- According to my advisors, an import surcharge in the form of ad valorem duties is required to address these fundamental international payments problems. In my advisors’ opinions, imposing an import surcharge would deal with the large and serious United States balance-of-payments deficit. My advisors have further recommended that certain products should not be subject to the surcharge because of the needs of the United States economy and have opined that a surcharge with certain exceptions would more effectively deal with the balance-of-payments deficit than would a surcharge without the exceptions.
Advisors concluded that an import surcharge using ad valorem duties is necessary to resolve the payments issues and specifically target the large deficit.
They also recommended specific carve-outs, asserting that a surcharge incorporating these exceptions would be more effective in addressing the deficit than a blanket application.
- After considering the information, opinions, and recommendations that have been provided to me by senior officials, among other relevant information and considerations, I find that fundamental international payments problems within the meaning of section 122 exist; that those problems significantly harm United States national interests, including economic and national security interests; and that special measures to restrict imports are required to address those problems, as authorized by section 122. Specifically, I find that a surcharge in the form of ad valorem duties on certain imports is required to deal with the United States’ large and serious balance-of-payments deficit. Accordingly, 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.
The President officially finds that fundamental international payments problems exist, cause harm to U.S. national and economic security interests, and require import restriction measures authorized by section 122.
The specific remedy enacted is the imposition of a 10 percent ad valorem temporary import surcharge on certain articles, effective February 24, 2026, for a duration of 150 days.
- Because of the needs of the United States economy, I determine that 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;
(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 good 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 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.
The President carves out numerous exceptions to the 10% surcharge based on the needs of the U.S. economy, referring to detailed lists in Annexes I and II. These exceptions cover items critical for supply or production—such as specific minerals, energy products, fertilizers, essential food items (beef, tomatoes, oranges), and pharmaceuticals.
Importantly, the surcharge avoids goods already subject to Section 232 tariffs and those receiving duty-free treatment under USMCA (for Canada/Mexico) or the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR).
- I find that each exception described in paragraph 14 of this proclamation — in whole or in part, separately or in any combination — is consistent with the limitations of section 122. These exceptions, which are further detailed in Annexes I and II to this proclamation, reflect my determination that each product covered by each exception should not be subject to a surcharge because of (1) the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, the avoidance of serious dislocations in the supply of imported goods, or other similar factors; or (2) the fact that the surcharge would be unnecessary or ineffective in carrying out the purposes of section 122, such as with respect to articles already subject to import restrictions or goods in transit, which — for purposes of this proclamation — are goods that (i) 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. eastern standard time on February 24, 2026; and (ii) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. eastern standard time, February 28, 2026. I have determined that each exception described in paragraph 14 of this proclamation — in whole or in part, separately or in any combination — is consistent with the purposes of section 122 and will best serve the purposes of section 122. Each of my determinations to except an import from the surcharge imposed in this proclamation is independent from the other. The import-restricting action and the exceptions in this proclamation are not made for the purpose of protecting individual domestic industries from import competition.
Each exception is deemed consistent with the limitations and purposes of section 122.
The justifications fall into two categories: necessity factors, such as domestic supply unavailability or the need for imported raw materials, and effectiveness factors, meaning the surcharge would be unnecessary or ineffective for certain goods, like those already under import restrictions or already in transit before February 24, 2026.
The President asserts that every exception determination is independent and that the action's intent is to address payments problems, not to protect individual domestic industries.
- In my judgment, the surcharge imposed in this proclamation is consistent with the purposes of section 122, the national interest of the United States, and the needs of the economy of the United States. Restricting imports through the surcharge imposed in this proclamation is required to address the fundamental international payments problems within the meaning of section 122 that I have found to exist. The surcharge imposed in this proclamation will deal with the large and serious United States balance-of-payments deficit.
The President states that the imposed surcharge aligns with section 122, serves the national interest, and meets the needs of the U.S. economy.
The restriction on imports is deemed essential to resolve the previously established fundamental international payments problems, specifically tackling the large and serious U.S. balance-of-payments deficit.
- 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 and other temporary limitations on articles imported into the United States in situations of fundamental international payments problems.
This reiterates the statutory limits of the authority used: Section 122 permits a temporary import surcharge of up to 15 percent ad valorem, lasting for a maximum of 150 days unless Congress extends the period.
- Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (section 604), authorizes the President to embody in the HTSUS the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
This section cites Section 604 of the Trade Act of 1974, which grants the President the authority to formalize statutory changes affecting import duties or restrictions directly into the Harmonized Tariff Schedule of the United States (HTSUS).
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 122, section 301 of title 3, United States Code, and section 604, do hereby proclaim as follows:
(1) 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.
(2) The surcharge imposed in this proclamation shall not apply to imports of articles listed in paragraph 2 of Annex I to this proclamation and as enumerated in Annex II to this proclamation.
(3) 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.
(4) The surcharge imposed in this proclamation shall not apply in addition to tariffs imposed under section 232. To the extent a tariff imposed under section 232 applies to part of an import, the surcharge imposed in this proclamation shall apply to the part of the import to which section 232 tariffs do not apply but shall not apply to the part of the import to which section 232 tariffs do apply.
(5) The surcharge imposed in this proclamation shall be treated as a regular customs duty.
(6) Any article subject to the surcharge imposed in this proclamation, except those articles eligible for admission under “domestic status” as described in 19 CFR 146.43, that is subject to the surcharge imposed in this proclamation and that is admitted into a United States foreign trade zone on or after the effective date of this proclamation must be admitted as “privileged foreign status,” as described in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rate of duty related to the classification under the applicable HTSUS subheading.
(7) The HTSUS shall be modified as provided in Annex I to this proclamation. 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, and 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, or unless the effective period of such surcharge is extended by an Act of the Congress.
(8) The head of each executive department and agency (agency) is authorized to and shall take all appropriate measures within the agency’s authority to implement this proclamation. The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate the authority to take such appropriate measures within the agency.
(9) The United States Trade Representative (Trade Representative), in consultation with any senior official he deems appropriate, shall monitor and review the status of conditions related to the fundamental international payments problems of the United States, the effect of the surcharge imposed in this proclamation, and any factors he deems relevant. The Trade Representative shall also inform the President of any circumstance that, in the Trade Representative’s opinion, might indicate the need for further action by the President, including under section 122. And the Trade Representative shall inform the President of any circumstance that, in the Trade Representative’s opinion, might indicate that the surcharge imposed in this proclamation should be suspended, modified, or terminated.
(10) The Trade Representative, in consultation with the Chair of the United States International Trade Commission and the Commissioner of U.S. Customs and Border Protection (CBP), shall determine whether any additional modifications to the HTSUS are necessary to effectuate this proclamation and shall make such modifications to the HTSUS through notice in the Federal Register, including any technical correction to Annexes I and II to this proclamation.
(11) The Commissioner of CBP may take any necessary or appropriate measures to administer the surcharge imposed by this proclamation.
(12) (a) Any provision of previous proclamations and Executive Orders that is inconsistent with this proclamation is superseded to the extent of such inconsistency. If any provision of this proclamation or the application of any provision to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or circumstances shall not be affected.
(b) If any exception to the surcharge imposed in this proclamation is held to be invalid in whole or in part, only that exception or that part of the exception shall be treated as invalid. The surcharge imposed in this proclamation shall apply to imports to which the invalidated exception or the invalidated part of the exception applied before its invalidation, but to the extent consistent with law, the surcharge shall be collected only prospectively from the date of the invalidation. No other exception, part of an exception, or application of an exception shall be treated as invalid. This severability provision shall operate even if the surcharge must be applied retroactively to imports to which the invalidated exception or the invalidated part of the exception applied before its invalidation. I would adopt each exception in this proclamation in whole or in part, separately, or in any combination. Each exception, in whole or in part, in this proclamation is supported by the needs of the United States economy and one or more of the factors described in section 122 and is consistent with the national interest of the United States and the purposes of section 122.
(c) This severability provision reflects my determination that the surcharge imposed in this proclamation should remain operative until July 24, 2026, in a way that is consistent with law, including the limitations of section 122, to deal with the large and serious United States balance-of-payments deficits found in this proclamation, regardless of whether any exception or exceptions, in whole or in part, are invalidated. The surcharge imposed in this proclamation — with any combination of the exceptions in paragraph 14 of this proclamation, or even without any of the exceptions in paragraph 14 of this proclamation — is required to deal with the large and serious United States balance-of-payments deficits found in this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of February, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
This is the formal enacting clause of the proclamation, citing constitutional and statutory authority (including sections 122 and 604).
It specifies the core actions: (1) Imposing a 10 percent ad valorem duty rate on almost all imported articles, unless exempted. (2) Excluding items listed in Annexes I and II from the surcharge. (3) Clarifying the surcharge is additional to existing duties, except it will not stack on top of Section 232 tariffs on the same import portion. (5) Treating the surcharge as a regular customs duty. (6) Establishing rules for goods entering Foreign Trade Zones. (7) Setting the effective date for the HTSUS modification as February 24, 2026, and the expiration date as July 24, 2026 (150 days), unless extended by Congress. (8) directing that all agencies take measures to implement the order. (9) tasking the USTR with monitoring the economic conditions and recommending adjustments. (10) directing the USTR, ITC Chair, and CBP Commissioner to finalize HTSUS modifications. (11) authorizing the CBP Commissioner to administer the surcharge. (12) includes detailed severability clauses to protect the main intent of the surcharge, even if individual exceptions are invalidated, ensuring the measure remains in place until July 24, 2026, to fix the balance-of-payments deficit.
These links direct the reader to Annex I and Annex II, which contain the specific, detailed lists of products that are exempted from the newly imposed 10 percent import surcharge.
DONALD J. TRUMP
This confirms the signature of the document by Donald J. Trump, President of the United States.
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