Important Update: Tariff Applicability – What Importers Need to Know

Following the announcement over the weekend, the U.S. Customs and Border Protection (CBP) advised today that HTSUS numbers applicable to the IEEPA tariffs will be inactive in ACE system as of February 24, 2026.

• IEEPA Fentanyl and Reciprocal Tariffs are removed effective 12:01 a.m. Eastern Time on February 24, 2026:
• There is no guidance or clarification whether the IEEPA refunds will be issued for past entries. 

Here are a few important points about the new global tariff under Section 122 announced by President Trump:

• A 10% tariff under Section 122 is scheduled to take effect at 12:01 a.m. Eastern Time on February 24, 2026. (Lasting 150 days). There has been no official publication confirming an increase to 15%; the only reference so far is President Trump’s announcement on Truth Social. 
• This global tariff stacks on top of the regular tariff (MFN),  Section 301, ADD, and CVD. 
• Pending CBP’s programming and official guidance through CSMS. 

Some Exemptions to note:

• In-transit exception during which the new Section 122 duty will NOT be applicable if both of the following conditions are met: (1) The goods were loaded onto a vessel AND in transit on their FINAL MODE OF TRANSPORT prior to 12:01 a.m. ET on February 24, 2026; and (2) The goods are entered for consumption or withdrawn from warehouse for consumption before 12:01 a.m. ET on February 28, 2026.
• Exemptions listed on Annex II. These are the Items that were previously exempt under the IEEPA tariffs. This exemption will also apply to Section 122. 
• Products of Canada and Mexico
• Please refer to Annex I and II for full details. 

Important action item:

If you have ocean shipments that are arriving starting tomorrow until Friday, please ensure that you send complete set of documents to Flegenheimer International immediately. Entry/Release must be made prior to February 28th (12am EST) to take advantage of the in-transit exemption.

Important resources that you must read:

Annex I – https://www.whitehouse.gov/wp-content/uploads/2026/02/2026Section122.prc_.ANNEX1_.FINAL_.pdf

Annex II – https://www.whitehouse.gov/wp-content/uploads/2026/02/2026Section122.prc_.ANNEX2_.Final_.pdf 

CBP: https://content.govdelivery.com/bulletins/gd/USDHSCBP-40b11c9?wgt_ref=USDHSCBP_WIDGET_2