Presidential Document2026-01052
Adjusting Imports of Semiconductors, Semiconductor Manufacturing Equipment, and Their Derivative Products Into the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 20, 2026
Signed
January 14, 2026
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 12 (Tuesday, January 20, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 12 (Tuesday, January 20, 2026)]
[Presidential Documents]
[Pages 2443-2456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01052]
Presidential Documents
Federal Register / Vol. 91, No. 12 / Tuesday, January 20, 2026 /
Presidential Documents
[[Page 2443]]
Proclamation 11002 of January 14, 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
[[Page 2444]]
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 valorem 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 would 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. 1862(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
[[Page 2445]]
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
[[Page 2446]]
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.
[[Page 2447]]
(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.
[[Page 2448]]
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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F4-P
[[Page 2449]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.009
[[Page 2450]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.010
[[Page 2451]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.011
[[Page 2452]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.012
[[Page 2453]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.013
[[Page 2454]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.014
[[Page 2455]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.015
[[Page 2456]]
[GRAPHIC] [TIFF OMITTED] TD20JA26.016
[FR Doc. 2026-01052
Filed 1-16-26; 11:15 am]
Billing code 7020-02-C
</pre></body>
</html>Indexed from Federal Register on January 20, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.