[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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