[House Document 119-136]
[From the U.S. Government Publishing Office]
119th Congress, 2nd Session--------------------HOUSE DOCUMENT 119-136
======================================================================
ADJUST IMPORTS OF SEMICONDUCTORS, SEMICONDUCTOR
MANUFACTURING EQUIPMENT, AND THEIR DERIVATIVE PRODUCTS
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
A NOTIFICATION OF ACTION TO ADJUST IMPORTS OF SEMICONDUCTORS,
SEMICONDUCTOR MANUFACTURING EQUIPMENT, AND THEIR DERIVATIVE PRODUCTS SO
THAT SUCH IMPORTS WILL NOT THREATEN TO IMPAIR THE NATIONAL SECURITY OF
THE UNITED STATES, PURSUANT TO 19 U.S.C. 1862(c)(2); PUBLIC LAW 87-794,
SEC. 232 (AS AMENDED BY PUBLIC LAW 100-418, SEC. 1501(a)(3)); (102
STAT. 1258)
February 12, 2026.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
To the Congress of the United States:
Consistent with applicable law, including section 232(c)(2)
of the Trade Expansion Act of 1962, as amended (19 U.S.C.
1862(c)(2)) (section 232), I am providing notice of the reasons
why I have decided to take action to adjust imports of
semiconductors, semiconductor manufacturing equipment, and
their derivative products so that such imports will not
threaten to impair the national security of the United States.
On December 22, 2025, the Secretary of Commerce
(Secretary), in accordance with section 232, transmitted to me
a report on his investigation into the effects of imports of
semiconductors, semiconductor manufacturing equipment, and
their derivative products on the national security of the
United States. Based on the facts considered in that
investigation, the Secretary found and advised me of his
opinion that semiconductors, semiconductor manufacturing
equipment, and their derivative products are being imported
into the United States in such quantities and under such
circumstances as to threaten to impair the national security of
the United States.
In Proclamation 11002 of January 14, 2026 (Adjusting
Imports of Semiconductors, Semiconductor Manufacturing
Equipment, and Their Derivative Products Into The United
States) (Proclamation), after considering the Secretary's
report, the factors in section 232(d) (19 U.S.C. 1862(d)), and
other relevant factors and information, among other things, I
concurred with the Secretary's finding that semiconductors,
semiconductor manufacturing equipment, and their derivatives
are being imported into the United States in quantities and
under circumstances that threaten to impair the national
security of the United States. In my judgment, and in light of
the Secretary's report, the factors in section 232(d), and
other relevant factors and information, I determined that it is
necessary and appropriate to direct negotiations of agreements
to address the national security threat. In the Proclamation, I
also noted that depending on the status or resolution of those
negotiations, I may take other measures to adjust the imports
of semiconductors, semiconductor manufacturing equipment, and
their derivatives to address the national security threat. I
also determined that it is necessary and appropriate to impose
an immediate ad valorem duty rate on the import of certain
advanced computing chips and certain derivative products to
address the national security threat found in the Proclamation.
I am enclosing a copy of the Proclamation that I have
issued. The Proclamation further explains the circumstances
underlying the threat to impair the national security of the
United States posed by imports of semiconductors, semiconductor
manufacturing equipment, and their derivative products, and the
actions taken in the Proclamation to eliminate that threat.
Donald J. Trump.
The White House, February 11, 2026.
Adjusting Imports of Semiconductors, Semiconductor Manufacturing
Equipment, and Their Derivative Products Into the United States
----------
By the President of the United States of America
A Proclamation
1. On December 22, 2025, the Secretary of Commerce
(Secretary) transmitted to me a report on his investigation
into the effects of imports of semiconductors (semiconductors
or chips), semiconductor manufacturing equipment, and their
derivative products on the national security of the United
States under section 232 of the Trade Expansion Act of 1962, as
amended, 19 U.S.C. 1862 (section 232). Based on the facts
considered in that investigation, and taking into account the
close relation of the economic welfare of the Nation to our
national security and other relevant factors, see 19 U.S.C.
1862(d), the Secretary found and advised me of his opinion that
semiconductors, semiconductor manufacturing equipment, and
their derivative products are being imported into the United
States in such quantities and under such circumstances as to
threaten to impair the national security of the United States.
2. The Secretary found that the present quantities and
circumstances of imports of semiconductors, semiconductor
manufacturing equipment, and their derivative products pose a
threat to the national security and economy. The United States'
capacity to produce semiconductors, certain semiconductor
manufacturing equipment such as advanced lithography and
etching tools, and their derivative products is insufficient to
meet domestic demand. This has led the United States to be
dependent on foreign sources to meet domestic demand for
semiconductors, semiconductor manufacturing equipment, and
their derivative products.
3. The Secretary found that semiconductors are essential to
the United states' economic, industrial, and military strength.
Modern defense systems depend on high-performance
semiconductors for radar and communication systems, electronic
warfare and cybersecurity systems, and guidance and control
systems for missiles and drones. Furthermore, defense systems
often require specialized semiconductors that can withstand
extreme environments. This reliance on semiconductors is
expected only to increase.
4. The Secretary found that semiconductors are essential to
each of the 16 critical infrastructure sectors identified by
National Security Memorandum 22 of April 30, 2024 (Critical
Infrastructure Security and Resilience). For example, the
communications sector requires semiconductors for broadband
networks, routing, switching, telecommunications
infrastructure, smartphones, and satellite communications
systems. The energy sector requires them for smart grid control
and converter systems. Nuclear reactors use semiconductors for
sensors and safety systems, control-rod-actuation systems,
distributed control systems, and power-management systems. The
medical sector uses semiconductors in its imaging systems,
diagnostic-assay systems, robotic surgical systems, and in
pacemakers and defibrillators.
5. The Secretary found that the United States' capacity to
manufacture semiconductors is too low to meet projected
national defense needs and to match the requirements of a
growing commercial industry. The United States consumes roughly
one quarter of the world's semiconductors. The United States
currently fully manufactures only approximately 10 percent of
the chips it requires, making it heavily reliant on foreign
supply chains. This dependence on foreign supply chains is a
significant economic and national security risk. Given the
foundational role that semiconductors play in the modern
economy and national defense, a disruption of import-reliant
supply chains could strain the United States' industrial and
military capabilities.
6. The Secretary found that semiconductors that enable
artificial intelligence (AI) are an important element of many
data centers currently in use, such that the importation in
current quantities and circumstances poses a threat to the
national security, when such importation does not contribute to
the buildout of the United States technology supply chain.
7. In light of these findings, the Secretary recommended a
two-phase plan of action to adjust imports of semiconductors so
that such imports will not threaten to impair the national
security of the United States. In the first phase, the United
States would continue ongoing trade negotiations with foreign
Jurisdictions that have the potential to strengthen the United
States semiconductor industry. The Secretary also recommended,
as part of this first phase, immediately imposing a 25 percent
ad valorerm tariff on a very narrow category of semiconductors
that are an important element of my Administration's AI and
technology policies, and that such tariff world not apply when
the chips are imported to support the buildout of the United
States technology supply chain. In the second phase--after
trade negotiations have concluded--the Secretary recommended
broader tariffs on semiconductors, at a rate of duty that is
significant. The Secretary also recommended that this broader
tariff be accompanied by a tariff offset program to enable
companies investing in United States semiconductor production
and certain parts of the United States semiconductor supply
chain to obtain preferential tariff treatment.
8. After considering the Secretary's report, the factors in
section 232(d) (19 U.S.C. 1862(d)), and other relevant factors
and information, among other things, I concur with the
Secretary's finding that semiconductors, semiconductor
manufacturing equipment, and their derivative products are
being imported into the United States in such quantities and
under such circumstances as to threaten to impair the national
security of the United States. In my judgment, and in light of
the Secretary's report, the factors in section 232(d) (19
U.S.C. 18620(d)), and other relevant factors and information, I
have also determined that it is necessary and appropriate to
adopt a plan of action, as described below, to adjust such
imports of semiconductors, semiconductor manufacturing
equipment, and their derivative products so that such imports
will not threaten to impair the national security of the United
States.
9. I have decided to include in the plan of action
negotiations to address the threatened impairment of the
national security with respect to imports of semiconductors,
semiconductor manufacturing equipment, and their derivative
products. I therefore direct the Secretary and the United
States Trade Representative (Trade Representative) to jointly
pursue negotiation of agreements or continue any current
negotiations of agreements, such as agreements contemplated in
section 232(c)(3)(A)(i) (19 U.S.C. 1862(c)(3)(A)(i)), to
address the threatened impairment of the national security with
respect to imported semiconductors, semiconductor manufacturing
equipment, and their derivative products, with any foreign
jurisdiction the Secretary and the Trade Representative deem
appropriate, and to update me on the progress of such
negotiations within 90 days of the date of this proclamation.
Under current circumstances and in light of future requirements
of the United States, this action is necessary and appropriate
to address the threatened impairment of the national security.
10. I have also determined that it is necessary and
appropriate to impose an immediate 25 percent ad valorem duty
rate on the import of certain advanced computing chips and
certain derivative products described in the Annex to this
proclamation (Covered Products), when such importation does not
contribute to the buildout of the United States technology
supply chain and the strengthening of domestic manufacturing
capacity for derivatives of semiconductors. I have further
determined that it is necessary and appropriate that this duty
rate not apply to imports of these Covered Products for use in
United States data centers, for repairs or replacements
performed in the United States, for research and development in
the United States involving these chips, for startups in the
United States for non-data center consumer applications in the
United States, for use in non-data center civil industrial
applications in the United States, for use in United States
public sector applications, or for other uses that the
Secretary determines contribute to the strengthening of the
United States technology supply chain or domestic manufacturing
capacity for derivatives of semiconductors. In my judgment, the
tariff regime imposed in clause (3) of this proclamation will
address the threat to the national security found in this
proclamation by, among other things, incentivizing the
development of domestic manufacturing of certain semiconductors
and their derivative products, reducing reliance on imports of
certain advanced computing chips and certain derivative
products, and promoting research and development in support of
the United States' high-tech infrastructure and capabilities.
11. In my judgment, based on current circumstances as well
as the future needs of the United States, the actions in this
proclamation are necessary and appropriate to address the
threat to impair the national security posed by imports of
semiconductors, semiconductor manufacturing equipment, and
their derivatives. In particular, the actions in this
proclamation will, among other things, help increase domestic
production of semiconductors and reduce our Nation's reliance
on foreign sources and foreign supply chains. Along with other
efforts by my Administration to promote the domestic
semiconductor industry, the actions in this proclamation will
ensure that domestic supply chains will be able to meet current
and future domestic demand for semiconductors and their
derivative products, which is essential for our defense systems
and industry. These actions will also incentivize domestic
industry to reduce reliance on imports of semiconductors, while
leveraging imported semiconductors in circumstances that
accelerate AI innovation in the United States and aid in
building out the domestic technology supply chain.
12. Section 232 authorizes the President to take action to
adjust the imports of an article and its derivatives that are
being imported into the United States in such quantities or
under such circumstances as to threaten to impair the national
security. Section 232 includes the authority to adopt and carry
out a plan of action, with adjustments over time, to address
the national security threat. This plan of action may include
negotiations of agreements with foreign trading partners along
with other actions to adjust imports to address the national
security threat, including tariffs. If action under section 232
includes the negotiation of an agreement such as one
contemplated in section 232(c)(3)(A)(i) (19 U.S.C.
1862(c)(3)(A)(i)), the President may also take other actions he
deems necessary to adjust imports to eliminate the threat that
the imported article poses to the national security, including
if such an agreement is not entered into within 180 days of the
date of this proclamation, is not being carried out, or is
ineffective. See 19 U.S.C. 1862(c)(3)(A).
13. Section 604 of the Trade Act of 1974, as amended (19
U.S.C. 2483) (section 604), authorizes the President to embody
in the Harmonized Tariff Schedule of the United States (HTSUS)
the substance of statutes affecting import treatment, and
actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United
States of America, by the authority vested in me by the
Constitution and the laws of the United States, including
section 232, 19 U.S.C. 1862; section 604, 19 U.S.C. 2483; and
section 301 of title 3, United States Code, do hereby proclaim
as follows:
(1) The Secretary and the Trade Representative, and any
senior official they deem appropriate, shall jointly pursue or
continue pursuing negotiations of agreements contemplated in
section 232(c)(3)(A)(i) (19 U.S.C. 1862(c)(3)(A)(i)) to address
the threatened impairment of the national security with respect
to imported semiconductors, semiconductor manufacturing
equipment, and their derivative products. Depending on the
status or resolution of such negotiations, I may consider
imposing significant tariffs on imports of semiconductors,
semiconductor manufacturing equipment, and their derivative
products, as well as an accompanying tariff offset program to
incentivize domestic manufacturing.
(2) Within 90 days of the date of this proclamation, the
Secretary and the Trade Representative, in consultation with
any senior official they deem appropriate, shall update me on
the status or outcome of the negotiations directed under clause
(1) of this proclamation.
(3) Except as otherwise provided in this proclamation,
imports of Covered Products will be subject to a 25 percent ad
valorem duty rate. This tariff shall be effective with respect
to goods entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern standard time
on January 15, 2026, and shall continue in effect, unless such
action is expressly reduced, modified, or terminated. This
tariff is in addition to any other duties, fees, exactions, and
charges applicable to such imported semiconductors, unless
stated otherwise below. The duty rate described in this clause
shall not apply to imports of those Covered Products for use in
United States data centers, for repairs or replacements
performed in the United States, for research and development in
the United States, for use by startups, for non-data center
consumer applications in the United States, for use in non-data
center civil industrial applications in the United States, for
use in United States public sector applications, or for other
uses that the Secretary determines contribute to the
strengthening of the United States technology supply chain or
domestic manufacturing capacity for derivatives of
semiconductors. In making his determination, the Secretary
shall consider factors he deems relevant, including the need to
address the national security threat found in this proclamation
and the purpose of this proclamation.
(4) The Secretary, in consultation with the Chair of the
International Trade Commission and the Commissioner of U.S.
Customs and Border Protection (CBP), shall determine whether
any modifications to the HTSUS, end-use certifications, or
other administrative measures are necessary to effectuate or
implement this proclamation or any actions taken pursuant to
this proclamation. Any changes shall be published in a notice
in the Federal Register.
(5) If any Covered Product is subject to tariffs under both
this proclamation and other section 232 proclamations, the
Covered Product shall be subject to the terms and duties
imposed under this proclamation and not those imposed pursuant
to any other section 232 proclamation. Covered Products subject
to tariffs pursuant to clause (3) of this proclamation shall
not be subject to any tariffs imposed by Executive Order 14257
of April 2, 2025 (Regulating Imports With a Reciprocal Tariff
To Rectify Trade Practices That Contribute to Large and
Persistent Annual United States Goods Trade Deficits), as
amended; Executive Order 14193 of February 1, 2025 (Imposing
Duties To Address the Flow of Illicit Drugs Across Our Northern
Border), as amended; and Executive Order 14194 of February 1,
2025 (Imposing Duties To Address the Situation at Our Southern
Border), as amended.
(6) No drawback shall be available with respect to the
duties imposed pursuant to this proclamation.
(7) CBP may take any necessary or appropriate measure to
administer the tariff imposed by this proclamation to the
extent permitted by applicable law.
(8) Any product described in clause (3) of this
proclamation, except those eligible for admission as ``domestic
status'' as described in 19 CFR 146.43, that is subject to a
duty imposed by this proclamation and that is admitted into a
United States foreign trade zone on or after the effective date
of this proclamation must be admitted as ``privileged foreign
status'' as described in 19 CFR 146.41 and will be subject upon
entry for consumption to any ad valorem rates of duty related
to the classification under the applicable HTSUS subheading.
(9) The Secretary shall continue to monitor imports of
semiconductors, semiconductor manufacturing equipment, and
their derivative products. The Secretary also shall, from time
to time, in consultation with any senior executive branch
officials the Secretary deems appropriate, review the status of
such imports with respect to the national security. The
Secretary shall inform me of any circumstances that, in the
Secretary's opinion, might indicate the need for further action
by the President under section 232. By July 1, 2026, the
Secretary shall provide me with an update on the market for
semiconductors that are used in United States data centers, so
that the President may determine whether it is appropriate to
modify the tariff imposed in this proclamation. The Secretary
shall also inform me of any circumstance that, in the
Secretary's opinion, might indicate that the tariff imposed in
this proclamation is no longer necessary.
(10) To the extent consistent with applicable law and the
purpose of this proclamation, the Secretary, the Trade
Representative, and the Secretary of Homeland Security are
directed and authorized to take all actions that are
appropriate to implement and effectuate this proclamation and
any actions contemplated by this proclamation, including,
consistent with applicable law, the issuance of regulations,
rules, guidance, and procedures and the temporary suspension or
amendment of regulations, within their respective
jurisdictions, and to employ all powers granted to the
President under section 232, as may be appropriate to implement
and effectuate this proclamation. The Secretary, the Trade
Representative, and the Secretary of Homeland Security may,
consistent with applicable law, including section 301 of title
3, United States Code, redelegate any of these functions within
their respective executive departments or agencies. All
executive departments and agencies shall take all appropriate
measures within their authority to implement this proclamation
to the extent permitted by applicable law.
(11) Any provision of previous proclamations and Executive
Orders that is inconsistent with the actions taken in this
proclamation is superseded to the extent of such inconsistency.
If any provision of this proclamation or the application of any
provision to any individual or circumstance is held to be
invalid, the remainder of this proclamation and the application
of its provisions to any other individuals or circumstances
shall not be affected.
IN WITNESS WHEREOF, I have hereunto set my hand this
fourteenth day of January, in the year of our Lord two thousand
twenty-six, and of the Independence of the United States of
America the two hundred and fiftieth.
Donald J. Trump.
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