Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

On 2 April 2026 President Trump issued a Presidential Proclamation under Section 232 of the Trade Expansion Act of 1962 ("Adjusting Imports of Pharmaceuticals and Pharmaceutical Ingredients into the United States") imposing a 100% ad valorem tariff on imports of patented pharmaceutical products listed in the FDA Orange Book and Purple Book, together with the active pharmaceutical ingredients (APIs) and key starting materials used to make them. The base rate takes effect at 12:01 a.m. EDT on 31 July 2026 for the 17 manufacturers identified in Annex III, and on 29 September 2026 for all other companies. The proclamation adopts findings of the Section 232 investigation initiated by the Department of Commerce on 14 April 2025 into pharmaceuticals and APIs as a national- security supply-chain risk. The instrument is structured around a multi-tier rate ladder rather than a flat tariff: concessionary 15% rates for EU/Japan/South Korea/Switzerland/Liechtenstein under reciprocal-deal tracks, 10% for the UK with a pathway to 0% under the pending UK pharmaceutical agreement, a "+20%" surcharge for companies operating under a Commerce-approved onshoring plan (until 2 April 2030), and a 0% pathway for companies that combine an approved onshoring plan with an MFN-pricing agreement with HHS (until 20 January 2029). Generics, biosimilars and their ingredients, orphan drugs, nuclear medicines, plasma-derived therapies, fertility treatments, and cell/gene therapies are carved out.

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).

The Trade Expansion Act of 1962 (Pub. L. 87-794, 76 Stat. 872), signed into law by President Kennedy on 11 October 1962 and codified at 19 U.S.C. §§ 1801–1991, is the foundational US statute granting the executive branch broad authority to negotiate tariff reductions and, critically via Section 232 (19 U.S.C. § 1862), to adjust imports of any article found by the Secretary of Commerce to threaten to impair national security. Section 232 empowers the President — on receipt of a Commerce Department affirmative national-security finding — to impose tariffs, quantitative restrictions, or other import-adjustment measures without congressional approval or WTO-required safeguard procedures. From 1962 to the Trump Administration's 2018–2026 wave of Section 232 Proclamations, the authority was invoked primarily for petroleum and machine-tool imports; since 2018 it has become the legal vehicle for national-security tariffs on steel, aluminum, automobiles, copper, timber, critical minerals, semiconductors, and pharmaceuticals, with 19+ IPTM-filed implementing instruments citing Pub. L. 87-794 / 19 U.S.C. § 1862 as their statutory parent.