On February 20, 2026, President Donald Trump issued a proclamation announcing that he was imposing a temporary import surcharge (i.e., tariff) pursuant to section 122 of the Trade Act of 1974 (19 U.S.C. Section 2132) to address “fundamental international payments problems” that “could impair United States national interests, including economic and national security interests.” Stating
David M. Schwartz
David is the leader of Thompson Hine's International Trade practice group and a member of the firm's International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.
IEEPA-Based Tariffs Ending February 24, 2026
On Sunday, February 22, 2026, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) Message # 67834313 to clarify that the U.S. government will stop collecting tariffs subject to the International Emergency Economic Powers Act (IEEPA) beginning Tuesday, February 24, 2026. The CSMS message follows the U.S. Supreme Court’s decision on Friday…
U.S. Supreme Court Invalidates IEEPA as a Lawful Authority to Impose Tariffs
On February 20, 2026, the U.S. Supreme Court (SCOTUS) in a 6-3 ruling determined that President Donald Trump’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs was unlawful. In its decision, the SCOTUS stated: “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints. …
United States and Taiwan Sign Agreement on Reciprocal Trade
On February 12, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and the Republic of China (Taiwan) signed the Agreement on Reciprocal Trade between the United States of America and Taiwan (the “Agreement”), under the auspices of the American Institute in Taiwan and the Taipei Economic and Cultural Representative…
United States and Argentina Sign Agreement on Reciprocal Trade
On February 5, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and The Argentine Republic have signed the U.S.-Argentina Agreement on Reciprocal Trade and Investment (Agreement). According to Ambassador Jamieson Greer, the USTR, the Agreement serves “as a model of how countries in the Americas, from Alaska to Tierra…
President Trump Lowers IEEPA-Based Tariffs on India and Announces Framework for Bilateral Interim Trade Agreement
On February 6, 2026, President Donald Trump issued both an Executive Order (“EO”) and a joint statement announcing a “framework for an Interim Agreement” with India that reduces U.S. tariffs on imports of Indian products, lowering the overall rate from 50% to 25% with a further reduction to 18% to be “promptly” implemented. Effective February…
United States and El Salvador Sign Agreement on Reciprocal Trade
On January 29, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and El Salvador have signed the U.S.-El Salvador Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of the first Agreement on Reciprocal Trade in the Western Hemisphere will further strengthen markets for…
United States and Guatemala Sign Agreement on Reciprocal Trade
On January 30, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and Guatemala have signed the United States–Guatemala Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of another Agreement on Reciprocal Trade in the Western Hemisphere addresses trade barriers facing American workers and…
President Trump Announces New 25% Section 232 Tariff on Narrow Category of Semiconductors Critical to AI
On January 14, 2026, President Donald Trump issued Proclamation 11002, announcing that, effective January 15, 2026, the United States is levying a 25% tariff on “a very narrow category of semiconductors” critical to the artificial intelligence (AI) sector, unless those semiconductors are imported “to support the buildout of the United States supply chain.” The…
No Section 232 Tariff Now on Processed Critical Minerals and Their Derivative Products
On January 14, 2026, President Donald Trump issued Proclamation 11001, concluding that processed critical minerals and their derivative products (PCMDPs) would not be subject now to an additional tariff under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the president to adjust duties on goods imported in quantities or under…
