News

Jan-Feb 2026 Trade & Tariff Newsletter

January 15, 2026 — Section 232 Semiconductor Duties

Summary: Pursuant to Section 232 of the Trade Expansion Act of 1962, the Administration imposed a 25% additional ad valorem duty on certain semiconductor products and derivative articles. This scope targets advanced computing chips such as the NVIDIA H200 and AMD MI325X. Certain exceptions apply.
Key Details:
• Additional duty rate: 25% ad valorem.
• Reporting: Commodity Tariff + Section 232 Tariff + Section 301 Tariff (if applicable) ADD/CVD (if applicable)
• Scope (illustrative HTS referenced in the CSMS): 8471.50, 8471.80, 8473.30.
• Duty drawback not allowed
• President may expand or eliminate the HTS list based on feedback from Commerce Secretary (90 days from initial announcement of tariffs – April 2026)
Government Sources:
Federal Register
https://www.federalregister.gov/
CBP CSMS Source:
CSMS #67400472
https://content.govdelivery.com/accounts/USDHSCBP/bulletins/4047318

February 7, 2026 — Elimination of 25% Additional Duty on Products of India

Summary: CBP terminated the 25% additional ad valorem duty previously applied to products of India, removing associated Chapter 99 provisions. Importers should review unliquidated entries for recovery opportunities and update tariff matrices to avoid overpayment going forward.
Key Details:
• Additional duty removed effective February 7, 2026.
• Chapter 99 codes 9903.01.84–9903.01.89 removed.
• Operational: Chapter 99 codes linked to the India duty program are deactivated in ACE.
• Recovery: refunds may be pursued via Post Summary Correction (PSC) and/or protest where eligible.
CBP CSMS Source:
CSMS #67702087
https://content.govdelivery.com/accounts/USDHSCBP/bulletins/4090d47

February 20, 2026 — The Supreme Court Invalidates IEEPA Tariff Authority

Summary: In Learning Resources, Inc. v. Trump, the U.S. Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize tariff imposition. The ruling invalidated tariffs imposed solely under IEEPA-based emergency authority and significantly narrows the legal basis for future emergency-driven tariff actions.
Key Details:
• Holding: IEEPA is not an independent tariff statute.
• Impact: IEEPA-only tariff actions are invalidated; Section 232 / 301 and AD/CVD regimes remain available.
• Compliance: triggers unwind of IEEPA Chapter 99 reporting and duty collection going forward (per CBP guidance).
Government Source:
U.S. Supreme Court Opinion
https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

February 24, 2026 — Termination of IEEPA Tariff Collection

Summary: Following the Supreme Court ruling, CBP ceased collecting additional duties imposed solely under IEEPA authority effective February 24, 2026. Importers should re-rate affected entries, update tariff tables, and evaluate refund posture where permissible.
Key Details:
• Effective time: 12:00 a.m. ET February 24, 2026 (per CBP).
• Scope: removes the following IEEPA Tariffs:
1. Mexico – 25% additional duty
2. PRC – 10–20% additional duty (amended over time)
3. Brazil – 40% additional duty
4. India – 25% Russia oil-linked duty
5. Reciprocal tariff framework (country-specific rates)
6. Venezuelan oil-linked tariffs (25% framework)
7. Cuba oil-linked tariff framework
8. Iran-linked tariff framework
• Action item: remove all IEEPA related HTS when filing entry.
Government Source:
White House – Ending Certain Tariff Actions
https://www.whitehouse.gov/presidential-actions/2026/02/ending-certain-tariff-actions/
CBP CSMS Source:
CSMS #67834313
https://content.govdelivery.com/accounts/USDHSCBP/bulletins/40b11c9

February 24, 2026 — 10% Global Tariff Under Section 122

Summary: The Administration invoked Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) to impose a temporary 10% ad valorem import surcharge across products of all countries (subject to specific exemptions). This is a broad-based duty layer with significant landed-cost implications and immediate operational impacts for entry processing, FTZ admissions, and drawback planning.
Key Details:
• Rate: 10% ad valorem import surcharge.
• Duration: up to 150 days (per proclamation / Section 122 framework), unless extended through Congress approval.
• Filing: CBP implementation guidance provides Chapter 99 heading and reporting sequence rules (similar to Reciprocal Tariff rules pertaining to Section 232 associated merchandise).
• Drawback allowed.
Government Sources:
White House – Proclamation (Section 122 import surcharge)
https://www.whitehouse.gov/presidential-actions/2026/02/imposing-a-temporary-import-surcharge-to-address-fundamental-international-payments-problems/
19 U.S.C. § 2132 (Section 122)
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2132&num=0&edition=prelim
CBP CSMS Source:
CSMS #67844987
https://content.govdelivery.com/accounts/USDHSCBP/bulletins/40b3b7b

February 24, 2026 — Continuing Suspension of Duty-Free De Minimis Treatment for All Countries

Summary: CBP confirmed that duty-free de minimis treatment under 19 U.S.C. § 1321(a)(2)(C) remains suspended for shipments not covered by statutory exceptions. This preserves the operational requirement to file appropriate entry types in ACE for shipments that previously would have qualified for de minimis treatment and continues duty collection processes for impacted low-value shipments (including international mail workflows described in prior CSMS guidance).
Key Details:
• Scope: de minimis duty-free exemption does not apply to covered shipments regardless of value or country of origin (subject to exceptions).
• Operational: shipments that previously qualified for de minimis generally require an appropriate ACE consumption entry type.
• International mail: continues to follow established processes and carrier collection/remittance workflows where specified.
• Impact: With some exceptions, most e-commerce, express/courier are to process entries in the same approach as consumption type entries.
Government Source:
White House – Continuing the Suspension of Duty-Free De Minimis Treatment
https://www.whitehouse.gov/presidential-actions/2026/02/continuing-the-suspension-of-duty-free-de-minimis-treatment-for-all-countries/
CBP CSMS Source:
CSMS #67845486
https://content.govdelivery.com/accounts/USDHSCBP/bulletins/40b3d6e

Toshiba Logistics America - Trade Compliance & Customs Brokerage

Toshiba Logistics America’s Monthly Trade & Tariff Update is produced by our Trade Compliance and Customs Brokerage division, which supports importers navigating complex U.S. customs and trade regulations. Our team provides end-to-end customs brokerage, tariff strategy (including FTZ operations), and trade compliance solutions. Contact TLGA https://www.sbs-toshibalogistics.com/contact/ to learn how we can support your customs brokerage and trade compliance needs.