U.S. declares 10% tariff on imports

President Donald Trump imposed a temporary 10% tariff on most imported goods on February 20, 2026, using Section 122 of the Trade Act of 1974 rather than a new emergency order issued this week. The White House said the measure was meant to address “fundamental international payments problems,” and the Federal Register said it applied to goods entering the United States from 12:01 a.m. Eastern on February 24. The surcharge was broad, but not universal: pharmaceuticals, certain critical minerals and some energy products were among listed exceptions. Customs and Border Protection later folded the measure into its 2026 tariff guidance. ### Did Washington actually announce a new 10% tariff in the last 48 hours? No new White House proclamation surfaced in the last 48 hours. The operative action was Proclamation 11012, signed on February 20 and published in the Federal Register on February 25. The White House fact sheet described it as a “temporary import duty,” while the Federal Register text called it a “temporary import surcharge.” The 10% figure in social posts matches the official documents. The proclamation set a 10% ad valorem tariff on most imported articles for 150 days, beginning February 24 and running to July 24 unless modified or extended by Congress. (whitehouse.gov) ### What legal authority did Trump use? Section 122 of the Trade Act of 1974 was the authority cited in the proclamation. That law allows the president to impose temporary surcharges or quotas to address what the statute calls “fundamental international payments problems.” The White House text said Trump had received advice from senior officials on whether such problems existed and whether they could impair U.S. economic and national security interests. (federalregister.gov) The administration’s broader tariff program also relied on the International Emergency Economic Powers Act, or IEEPA, in other actions. CBP’s tariff overview says the president imposed new tariffs under both IEEPA and Section 232, and White House tariff documents from 2025 and 2026 list multiple national-emergency-based import actions alongside the February 20 surcharge. (whitehouse.gov) ### Which imports were covered, and which were exempt? The Federal Register notice said the surcharge applied to most imported articles from all countries. It also carved out exceptions, including certain critical minerals, energy products and pharmaceuticals, according to trade summaries that track the proclamation and the government text itself. (cbp.gov) CBP told importers in its tariff materials that exemptions and implementation details were narrower and more technical than the high-level summaries suggested. The agency’s FAQ and overview direct filers to entry-date rules, customs value rules and special treatment for warehouse, foreign-trade-zone and de minimis shipments. (federalregister.gov) ### Why are people talking about court challenges now? The U.S. Court of International Trade said on May 7 that the Supreme Court, in a case identified in the opinion as *Learning Resources*, had held Trump’s use of IEEPA tariffs unlawful. In the same opinion, the trade court entered a permanent injunction in a challenge brought by states and private plaintiffs. (cbp.gov) A May 20 trade-court order shows the legal fight has moved to enforcement and appeal. In that order, the court said it had directed the government to implement the permanent injunction within five days and to refund Section 122 duties paid by importer plaintiffs before full implementation, with interest as provided by law, while the government sought a stay pending appeal to the Federal Circuit. (cit.uscourts.gov) ### Where does the $36 million evasion chatter fit in? Recent official enforcement announcements show customs-duty evasion remains a separate but active track from the legality of the tariff program itself. CBP said in August 2025 that two major Enforce and Protect Act cases uncovered more than $400 million in duty evasion, including one worth more than $250 million in revenue. (cit.uscourts.gov) The Justice Department said on May 12 that Perfectus Aluminum and related companies agreed to pay $549.5 million to settle allegations tied to evaded antidumping and countervailing duties on Chinese aluminum extrusions. That is the largest recent publicly documented customs-duty settlement surfaced in official sources; I could not verify the specific $36 million case referenced in social posts from the materials available. (cbp.gov) ### What happens next before the tariff expires? July 24, 2026 is the scheduled end date for the 10% surcharge under the February proclamation unless Congress acts to extend or modify it. Importers are also watching the Federal Circuit appeal and any further Court of International Trade orders on refunds, stays and scope. (taxnews.ey.com) (justice.gov)