Industry News
President to Increase Global Tariff Under Sec. 122 to 15%
TweetFeb. 23, 2026
By:
Marvin E. McPherson
In the fast-paced world of Trump Administration tariff policies, every minute can make a difference. That reality was on full display as the Administration announced Friday, February 20, 2026 that a (more or less) global 10% duty would be imposed under Section 122 of the Trade Act. By the weekend a social media post indicated that the (more or less) global rate would be 15%, which is the legal maximum under Section 122.
The 15% is set to be effective February 26, 2026 . The adjustment follows the U.S. Supreme Court’s decision invalidating the Administration’s prior tariff program under IEEPA.
The Presidential Proclamation and accompanying annex published by the White House states that the rate applies on a universal basis to covered imports from all countries unless specifically excluded. In many ways the Section 122 duties are set to interact with other Trump duties the same way IEEPA duties did.
The duty is an additional ad valorem rate on covered merchandise, meaning it is imposed on top of normal column 1 duty rates and other applicable charges. This includes products classified under HTSUS heading 9903.03.01, these imports remain subject to both AD/CVD and in addition the section 122 tariff. (Annex I)
The proclamation clarifies important exclusions for goods entered under Chapter 98. The additional 15 percent duty does not apply to goods properly entered under a Chapter 98 provision, provided the entry properly qualifies under applicable regulations. However, partial value of 9802.00.40, 9802.00.50, 9802.00.60 and 9802.00.80 that is dutiable will be subject to the additional 15 percent duty. (e.g. 9802.00.80 – The additional 15 percent duty applies to the value of the assembled article abroad, less the cost or value of U.S.-origin components incorporated into the final product).
The increase of the Section 122 duty to 15 percent is the maximum permitted under the statue and can only last 150 days unless Congress approves a further extension. Based on the politics of these tariffs we do not expect Congress to extend them, which means they should sunset on July 24. We are tracking the updated to this evolving tariff landscape. If you have any questions regarding the duty rate for entries on a given day, Contact any attorney at Barnes, Richardson & Colburn, LLP.
