FEDERALCLAIMS.US · 2026 STATUTORY RECORD

Section 122
Temporary Surcharge Record

Documentary guide to the temporary 10% import surcharge imposed under Section 122 of the Trade Act of 1974, covering the February 24–July 24, 2026 period, its statutory basis, exceptions, tariff interactions, implementation, and expiration.

STATUS Historical

The 2026 Section 122 surcharge is no longer presented here as an active tariff.

EFFECTIVE February 24, 2026

Applicable beginning at 12:01 a.m. EST.

EXPIRATION July 24, 2026

The proclamation specified 12:01 a.m. EDT.

RATE 10% ad valorem

Subject to the proclamation's stated exceptions.

THE 2026 EPISODE

A temporary statutory measure, not a permanent tariff system.

On February 20, 2026, Proclamation 11012 invoked Section 122 of the Trade Act of 1974 to impose a temporary 10% ad valorem surcharge on covered imports.

The measure was effective for covered goods entered for consumption, or withdrawn from warehouse for consumption, beginning February 24, 2026.

The proclamation expressly provided that the HTSUS modifications would continue through 12:01 a.m. EDT July 24, 2026 unless suspended, modified, or terminated earlier, or extended by an Act of Congress.

STATUTORY AUTHORITY

Section 122 places limits around temporary import action.

01

Balance-of-Payments Authority

Section 122 authorizes temporary import measures to address specified international-payments problems.

02

15% Statutory Ceiling

A temporary import surcharge under Section 122 may not exceed 15% ad valorem.

03

150-Day Limit

The statutory structure limits the temporary period unless Congress acts to extend it.

04

2026 Proclamation

Proclamation 11012 selected a 10% rate and established its own implementation and exceptions.

PROCLAMATION EXCEPTIONS

Coverage was broad, but not universal.

Proclamation 11012 identified multiple categories excluded from the surcharge, with detailed implementation in its annexes.

A Certain critical minerals
B Currency and bullion metals
C Energy and energy products
D Certain natural resources and fertilizers
E Certain agricultural products
F Pharmaceuticals and ingredients
G Certain electronics
H Certain vehicles and vehicle parts
I Certain aerospace products
J Information materials, donations, baggage
K Articles and parts subject to Section 232 restrictions
L Specified USMCA and CAFTA-DR duty-free goods
SECTION 232 INTERACTION

Section 232 treatment mattered to surcharge coverage.

The proclamation excluded articles and parts of articles that were then, or later became, subject to additional import restrictions under Section 232.

01 Identify the ordinary HTS classification.
02 Determine whether Section 232 applied.
03 Identify the applicable Section 122 Chapter 99 treatment.
04 Preserve the entry-level calculation.
TIMELINE

The short life of the 2026 surcharge.

FEB 20

Proclamation Signed

Proclamation 11012 established the temporary Section 122 surcharge framework.

FEB 24

Surcharge Effective

Covered entries became subject to the 10% temporary surcharge beginning at 12:01 a.m. EST.

FEB–JUL

Compliance Period

Importers tracked product coverage, exceptions, Chapter 99 treatment, Section 232 interaction, and business pass-through.

JUL 24

Specified End

The proclamation specified the measure would continue through 12:01 a.m. EDT July 24, 2026.

WHY IT STILL MATTERS

Expired tariff. Continuing entry record.

Section 122 may still matter when reconstructing historical landed cost, auditing broker treatment, reviewing customer surcharges, verifying duty calculations, analyzing entry corrections, or building the 2026 tariff history.

01Entry number
02Entry / withdrawal date
03Country of origin
04HTS classification
05Chapter 99 treatment
06Exception basis
07Section 232 status
08Surcharge paid
09Broker record
10Commercial pass-through
11Accounting treatment
12Final disposition
CURRENT TARIFF ENVIRONMENT

Do not use an expired Section 122 rule for a current entry.

Current statutory tariff measures should be verified separately from the historical Section 122 record.

Historical Record Notice

This page documents the 2026 Section 122 temporary import surcharge and should not be used as a statement that the surcharge remains in effect. Historical entry treatment depends on the applicable HTSUS, Chapter 99 provisions, entry date, origin, product, exceptions, Section 232 treatment, and contemporaneous government instructions.