Industrial Policy & Trade Monitor· 2672 actions· ✨ 89 recent

A divided three-judge panel of the US Court of International Trade (CIT), in Slip Op. 26-47 (Court Nos. 26-01472 and 26-01606, decided 7 May 2026), held 2-1 that President Trump's Proclamation 11012 — which imposed a temporary 10% ad-valorem import surcharge under Section 122 of the Trade Act of 1974 — exceeded statutory authority because the proclamation did not identify a "fundamental international payments problem" as defined by the 1974 Congress (the balance-of-trade or current-account deficit relied upon by the government is not the type of balance-of-payments deficit the statute contemplates). The court issued a permanent injunction prohibiting CBP from collecting Section 122 duties from the three prevailing plaintiff- importers and ordered refunds with statutory interest for duties already paid; it declined to issue a nationwide injunction. The US Court of Appeals for the Federal Circuit (CAFC) entered an administrative stay of the CIT injunction on 12 May 2026 pending appeal, and the CIT denied the government's own motion to stay its ruling on 20 May 2026; the CAFC appeal is now pending.

President Trump signed a Presidential Proclamation on 20 February 2026 invoking Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) to impose a temporary 10% ad-valorem import surcharge on articles imported into the United States, effective 12:01 a.m. EST on 24 February 2026. The proclamation was issued within hours of the US Supreme Court's 20 February 2026 ruling in Learning Resources, Inc. v. Trump, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to set tariffs and vacated the IEEPA-based reciprocal-tariff regime previously in effect. The Section 122 surcharge is statutorily limited to 150 days (terminates 24 July 2026 absent Congressional extension) and the statute caps any such surcharge at 15% ad valorem. Goods qualifying as USMCA originating from Canada or Mexico are exempt; CAFTA-DR textile/apparel articles meeting specified rules of origin are exempt; and a substantial product-exception list excludes critical minerals, energy products, certain pharmaceuticals, electronics, vehicles, aerospace products, specified agricultural goods, and goods already subject to Section 232 duties (the Section 122 duty does not stack on Section 232).

On 1 February 2026 India's Ministry of Finance tabled the Finance Bill 2026 alongside Customs Notifications 01/2026 to 03/2026-Customs, restructuring the customs tariff schedule across hundreds of HS lines. Duty rates rise on a range of consumer and finished-goods lines (e.g. umbrellas: 20% to "20% or ₹60/piece, whichever is higher"; potassium hydroxide: 0% to 7.5%; INVAR steel: 5% to 7.5%; radio-trunking parts: 5% to 15%; video-game parts: 5% to 20%) while falling on nuclear and renewable-energy inputs (fuel elements and control/absorber rods for nuclear reactors: 7.5% to 0%; sodium antimonate for solar glass: 7.5% to 0%) and on personal-use dutiable imports under heading 9804 (20% to 10%, effective 1 April 2026). Roughly 80 exemptions previously granted by standalone notification are being written into the First Schedule of the Customs Tariff Act at unchanged rates, effective 1 May 2026 — converting administratively-reversible exemptions into statutory ones.

Presidential Decree No. 10813 (Resmî Gazete, 7 January 2026, issue 33130) amends Article 62 of Türkiye's Customs Law implementation decree (Decision 2009/15481) to abolish the simplified customs declaration regime for individual low-value imports arriving by post or express courier. Previously, shipments up to EUR 30 (inclusive of freight) qualified for a flat-rate, simplified declaration; from 6 February 2026 all such imports — regardless of value — must clear through standard customs procedures and the ordinary tariff schedule. Prescription medicines and medical supplements remain under the simplified regime up to EUR 1,500.