On January 14, 2026, President Trump signed a proclamation imposing a 25% tariff on certain semiconductors, semiconductor manufacturing equipment, and their derivatives. This tariff applies to goods entered for consumption, or withdrawn from a warehouse for consumption, on or after 12:01 a.m. EST on January 15, 2026, and will continue indefinitely. The Administration released a fact sheet in conjunction with the proclamation, available here.

Background – 232 Investigation

The proclamation follows a nine-month Section 232 investigation into the effects of imports of semiconductors on the national security of the United States. The investigation, conducted by the Department of Commerce, found 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.

The action is part of a broader Administration effort to create incentives for chipmakers to produce more semiconductors in the U.S. and decrease reliance on foreign chip manufacturers. The proclamation noted that the U.S. only manufactures 10% of the chips it requires and that reliance on foreign manufacturers poses a “significant economic and national ‌security risk.”

Scope – What’s Covered

“Semiconductor articles” covered by the proclamation are defined as imported products meeting certain technical parameters and that are classifiable under HTSUS 8471.50, 8471.80, or 8473.30. To be included within the definition of semiconductor articles, the imported products must be a logic integrated circuit, or an article that contains a logic integrated circuit, that meets certain technical parameters. Full technical parameters are available in the Annex.

Exceptions:

The tariff does not apply to chips that contribute to the buildout of the U.S. technology supply chain and the strengthening of domestic manufacturing capacity for derivatives of semiconductors.

In addition, the duty does not apply to semiconductor articles in the following categories:

  • For use in U.S. data centers;
  • For repairs or replacements performed in the United States;
  • For research and development in the United States involving these chips
  • For use by startups in the United States;
  • For use in non-data center consumer electronics applications in the United States, including gaming, personal computing, professional visualization, workstation applications, and automotive applications;
  • For use in non-data center civil industrial applications in the United States, including factory robotics and industrial machinery;
  • For use in United States public sector applications

The Secretary of Commerce has broad authority to extend exemptions for other categories that “contribute to the strengthening of the United States technology supply chain or domestic manufacturing capacity for derivatives of semiconductors.”

What Importers Should Do 

We encourage all importers of semiconductors, semiconductor manufacturing equipment, and their derivatives to review the proclamation and annex to determine how their business may be affected.

As CBP and the DoJ continue to prioritize enforcement, now more than ever, it is critical for importers to examine their import compliance programs and ensure that adequate procedures are in place to correctly enter goods into the United States.

Diaz Trade Law can assist importers in reviewing their classification procedures, developing compliance plans, and guiding importers in the event of a customs investigation. Contact us at 305-456-3830 or info@diaztradelaw.com.

For the latest on tariffs, check out our Tariffs & Trade Deals page.

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