Following the Supreme Court's decision, President Trump issued Proclamation 11012.

Federal Register:: Imposing a Temporary Import Surcharge To Address Fundamental International Payments Problems

This proclamation outlined the following: Under section 122 of the Trade Act of 1974, the President is to implement an additional 10% ad valorum rate for a period of 150 days. This applies to imported articles of every country for a period of 150 days, unless specifically exempt.

When does this apply?

This 10% ad valorem rate has been implemented for imports from any country for which the goods are entered for consumption or withdrawn from the warehouse for consumption. This is on or after 12:01 a.m. Eastern Standard Time on the 24^th of February 2026, and through to 12:01 a.m. Eastern Daylight Time on the 24^th of July 2026.

What about exclusions?

There are, however, some exemptions to this; section 232 goods are excluded, as are a number of the following items:

•  Certain critical minerals.
• Metals used in currency and bullion.
• Energy and energy products.
• Natural resources and fertilisers 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.
• Certain agricultural products, including beef, tomatoes, and oranges.
• Pharmaceuticals and pharmaceutical ingredients.
• Certain electronics.
• 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.
• Certain aerospace products.
• Information materials, donations, and accompanied baggage.
• 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).
• 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 outlined 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.
•  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.

What Happens Next? 

For UK exporters, it is necessary to determine how we are affected and if our goods are affected by the changes.

Where can we find the information from? The ‘Check how to export’ webpage can help you understand the duty rates, clearly showing the MFN rate and the additional 10% if applicable. - Check how to export goods - GOV.UK

You will, however, need to know the Commodity Code at the time of import into the United States, so please speak with your customers.

What about refunds? You may ask. There is always the possibility of refunds for businesses that have paid tariffs under IEEPA—potentially over $175 billion.

There could also be more changes for the US administration to use other statutory powers, such as Section 301 or changing the Section 232 tariffs, which are already in place.