President Cites Rarely Used Section 122 Authority For A Temporary Import Surcharge Capped At 15% For 150 Days, Signaling A Renewed Push For Legally Permissible Tariff Tools

Sunday, February 22, 2026, 8:00 A.M. ET. 5 Minute Read, By Haylee Ficuciello, Economy & Finance Editor: Englebrook Independent News,

WASHINGTON, DC.- President Donald Trump announced Saturday, February 21, 2026, that he will raise a temporary “worldwide” tariff to 15% on imports from all countries, escalating a trade strategy he said is now firmly grounded in explicit statutory authority following a major setback at the U.S. Supreme Court one day earlier.

     The announcement came less than 24 hours after Trump revealed plans for a 10% global tariff, a move itself prompted by a 6–3 Supreme Court ruling on Friday that struck down his prior tariff framework imposed under the International Emergency Economic Powers Act (IEEPA).

     According to reporting by Reuters, Trump’s revised tariff strategy relies on Section 122 of the Trade Act of 1974, a little-used provision that allows the president to impose a temporary import surcharge of up to 15% for a maximum of 150 days, after which congressional approval is required for any extension.

A Rapid Policy Pivot After Supreme Court Ruling;

     On Friday, February 20, 2026, the Supreme Court ruled that IEEPA does not authorize the president to impose tariffs, sharply limiting the scope of emergency economic powers under the 1977 statute.

     Reuters reported that the majority opinion was authored by Chief Justice John Roberts and that the Court concluded that, while IEEPA grants broad financial and sanctions-related authorities, it does not provide a clear congressional mandate for the imposition of tariffs.

     The ruling forced the White House to immediately reassess its trade strategy. By Friday evening, Trump announced he would impose a 10% global tariff under Section 122, with implementation scheduled to begin Tuesday, February 24, and to last 150 days.

     Less than 24 hours later, Trump raised the proposed tariff to the maximum allowable level under that statute.

Trump’s Saturday Social Media Announcement;

     In a Truth Social post on Saturday, Trump announced the increase, stating that he would elevate the global tariff from 10% to 15%.

    According to Reuters’ direct quotation of the post, Trump wrote that “effective immediately,” he would raise the “10% Worldwide Tariff… to the… 15% level.”

     The Associated Press reported that Trump said the decision followed his review of the Supreme Court ruling and was part of a broader effort to continue pursuing tariff-based trade policy through avenues he believes are “clearly lawful.”

The Legal Basis: Section 122 Of The Trade Act Of 1974;

     Section 122 was enacted to address serious balance-of-payments deficits and allows the president to act quickly to restrict imports while Congress considers longer-term solutions.

     Reuters reported that the Trump administration justified its use of Section 122 by citing the United States’ large and persistent trade and payments imbalances, arguing that temporary import surcharges are necessary to protect domestic industry and stabilize economic conditions.

     Notably, Reuters emphasized that no previous U.S. president has ever invoked Section 122, making Trump’s action unprecedented and legally distinct from his earlier IEEPA-based approach.

     Under the statute:

• The tariff is capped at 15%
• The duration is limited to 150 days
• Any extension beyond that period requires explicit congressional approval

Scope, Exemptions, And Trade Partners;

     Reuters reported that the Section 122 tariff framework includes specific exemptions, including:

• Certain critical minerals
• Energy products
• Select metals

     In addition, exemptions carried over from the earlier, now-invalidated tariff program remain in effect. These include USMCA-compliant goods from Mexico and Canada, along with other category-specific carve-outs previously established by the administration.

     The White House has signaled that these exemptions are intended to limit economic disruption while maintaining broad leverage over foreign trading partners.

Broader Strategy And Republican Support;

     While Section 122 offers only temporary authority, the Trump administration has made clear it intends to use the 150-day window to pursue longer-lasting tariff actions under other trade statutes, including:

• Section 301, which addresses unfair foreign trade practices
• Section 232, which focuses on imports that threaten national security

     For Trump and congressional Republicans who support his trade agenda, the rapid pivot underscores a core governing philosophy: the United States should use every lawful tool at its disposal to defend American workers, restore domestic manufacturing capacity, and confront decades-long trade imbalances.

     Supporters argue that tariffs, when grounded in statutory authority, remain a powerful negotiating instrument that can force foreign governments to the table while generating revenue and strengthening U.S. leverage.

What Comes Next;

     The key limitation of Section 122 is time. Without congressional approval, the authority expires after 150 days, placing pressure on lawmakers and the administration to determine whether a longer-term tariff regime is politically and economically viable.

     Reuters and the Associated Press both reported that the administration is actively evaluating additional trade actions under other statutes that could survive judicial scrutiny and extend beyond the temporary window provided by Section 122.

     As markets, importers, and consumers absorb the implications of the proposed 15% tariff, uncertainty remains over enforcement details, product-specific exclusions, and whether Congress would ultimately approve an extension, particularly if inflation or consumer prices become a dominant political issue through mid-2026.

Editor’s Note;

This article was written by Haylee Ficuciello, Economy & Finance Editor, and is based on contemporaneous reporting from Reuters and the Associated Press, as well as the U.S. Supreme Court’s published opinion in Learning Resources, Inc. v. Trump (February 20, 2026). President Trump’s Saturday Truth Social statement is presented as quoted by Reuters; Englebrook Independent News does not reproduce full social media posts unless independently archived and verified in complete form. Legal descriptions of Section 122 of the Trade Act of 1974, including the 15% tariff cap, 150-day duration, and congressional approval requirement, are attributed to Reuters’ reporting.