BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1.  Within the past 90 days, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effects of imports of unmanned aircraft systems (UAS), as well as their parts and components (together, UAS components), 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 section 232(d) (19 U.S.C. 1862(d)), the Secretary found and advised me of his opinion that UAS and UAS components 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 and provided recommendations for action under section 232 to adjust the imports of UAS and UAS components so that such imports will not threaten to impair the national security of the United States.

2.  Among other things, the Secretary found that UAS and UAS components are essential to the national and economic security of the United States.  UAS are a key technology in modern armed conflict and are critical for present and future U.S. military operations.  They have proven essential in recent conflicts, as low-cost UAS are able to inflict significant damage on far more expensive weapons systems, facilities, and infrastructure.  UAS are used by many executive departments and agencies (agencies) for purposes of law enforcement, scientific research, environmental monitoring, aerial mapping, surveillance, agriculture, disaster relief, and search and rescue.  Further, UAS are used to protect critical infrastructure against adversaries that seek to damage or gain information on the operations of critical infrastructure installations throughout the United States, safeguarding U.S. national and economic security.  And UAS are widely used by private companies and State and local governments for critical applications, such as agriculture, emergency and first response, telecommunications, energy, construction, and transportation and delivery.

3.  The Secretary found that import penetration from foreign producers of UAS is substantial and that the United States is too reliant on foreign sources of UAS and UAS components.  Import reliance creates strategic vulnerabilities, presenting risks that disruption or delays due to a geopolitical event or natural disaster would affect global transportation and trade.  Most commercial and industrial UAS, even those produced in the United States, incorporate critical parts and components produced overseas.  For example, many U.S. commercial manufacturers that produce UAS domestically are highly dependent on foreign sources for critical UAS components, such as motors, electronic speed controllers, lithium-ion batteries, and docking stations, which creates unacceptable national security vulnerabilities.  Such reliance poses significant risks to U.S. national security through our dependence on unreliable supply chains for an essential technology and the potential of significant cybersecurity vulnerabilities.

4.  In addition, the Secretary found that UAS and UAS components from certain foreign entities pose security and safety risks.  Such products pose an information technology security risk because their software allows data to be sent back to the manufacturer in a foreign country, which can then be exploited by the government of that foreign country.  Operators cannot control this data flow because it is integrated into the UAS factory installed operating system.   

5.  The Secretary also found that the domestic industry does not produce enough UAS and UAS components to safely meet national security needs and that the need and demand for domestically produced UAS and UAS components will only increase.  As it stands, there are concerns as to whether the U.S. industry can produce UAS and UAS components at the required speed and scale to adequately support national security operations and activities, including during a surge for wartime or armed conflict, or in a manner to sustain long-term economic competitiveness.  In the Secretary’s opinion, domestic capacity needs to be expanded rapidly for end products, components, and subcomponents to meet anticipated military and commercial requirements and to ensure the economic competitiveness of the United States.

6.  The Secretary further found that foreign imports and unfair trade practices, without intervention, will continue to harm the United States, UAS industry, and industries that rely on the U.S. UAS industry.  In the Secretary’s view, this hinders the incentives for U.S. producers to invest in developing and expanding manufacturing capacity, production, and their workforce. 

7.  In light of these findings and the other findings in the Secretary’s report, the Secretary recommended actions to adjust the imports of UAS and UAS components so that such imports will not threaten to impair the national security.  For example, the Secretary recommended a high ad valorem duty on UAS with a maximum take-off weight of more than 25 kilograms, because those UAS can more easily be used for weapons-related purposes and are more likely to have sophisticated technologies for surveillance.  The Secretary recommended imposing the same high ad valorem tariff on UAS docking stations, as they can be used to control autonomous UAS systems that are typically deployed around U.S. critical infrastructure.  The Secretary recommended a lower ad valorem duty on UAS with a maximum take‑off weight of 25 kilograms or less.  The Secretary recommended a lower ad valorem duty on certain critical UAS components, which would become effective after a temporary delay, to allow time for greater domestic production of these products.  The Secretary also recommended that the Department of Commerce be authorized to establish an onshoring program for UAS and UAS components that provides preferential tariff treatment to companies that commit to building new U.S. manufacturing facilities for UAS and UAS components.  

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, I concur with the Secretary’s finding that UAS and UAS components 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 determine that it is necessary and appropriate to adopt a plan of action, as described below, to adjust the imports of UAS and UAS components so that such imports will not threaten to impair the national security of the United States.

9.  I determine that it is necessary and appropriate to impose ad valorem duties on certain UAS and UAS components.  Specifically, I determine that it is necessary and appropriate to impose a 100 percent ad valorem duty rate on the import of UAS with a maximum take-off weight of more than 25 kilograms, UAS that integrate thermal imagers,  UAS docking stations, and certain UAS components, as identified in Annex I to this proclamation, and except as otherwise provided in this proclamation.  In addition, I determine that it is necessary and appropriate to impose a 25 percent ad valorem duty rate on imports of UAS with a maximum take-off weight of 25 kilograms or less, as identified in Annex II to this proclamation, and except as otherwise provided in this proclamation.

10.  I determine that it is necessary and appropriate to impose a 25 percent ad valorem duty rate on imports of certain UAS components, as identified in Annex III to this proclamation, and except as otherwise provided in this proclamation.  This duty will take effect 180 days from the date of this proclamation to incentivize production onshoring.

11.  Further, I determine that it is necessary and appropriate to authorize the Secretary to include additional UAS components within the scope of the tariffs, on a rolling basis, when he determines that imports of those UAS components threaten to undermine the actions taken to address the national security risks found in this proclamation.

12.  I also determine that it is necessary and appropriate to establish an incentive program for companies investing in new U.S. production capacity for UAS and UAS components, as further detailed below.  

13.  In my judgment, the actions in this proclamation are necessary and appropriate to address the threatened impairment of the national security of the United States posed by imports of UAS and UAS components.  The actions in this proclamation will, among other things, encourage increased domestic production of UAS and UAS components and reduced reliance on foreign sources and foreign supply chains.  These actions also will promote investment, employment, manufacturing, and innovation in the United States for UAS and UAS components and accessories; strengthen supply chains; enhance industrial resilience; and generate meaningful economic benefits.  And these actions will strengthen the ability of the defense industrial base to domestically produce key systems and products that support military operations, defense readiness, and other national security functions and activities.

14.  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 so that such imports will not threaten to impair the national security.  

15.  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 of America, including section 232; section 604; and section 301 of title 3, United States Code, do hereby proclaim as follows:

(1)  Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on September 3, 2026, except for products covered by clause (6) of this proclamation, subchapter III of chapter 99 of the HTSUS is modified as provided in Annex IV to this proclamation and the applicable ad valorem rate of duty for the imports of UAS and UAS components listed in Annex I and Annex II to this proclamation shall be:

(a)  100 percent for the UAS and UAS docking stations and critical components listed in Annex I to this proclamation, unless a lower rate of duty applies pursuant to clause (4) or (6) of this proclamation; and

(b)  25 percent for the UAS listed in Annex II to this proclamation, unless a lower rate of duty applies pursuant to clause (4) or (6) of this proclamation.

(2)  Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on February 9, 2027, for the UAS components listed in Annex III to this proclamation, the applicable ad valorem duty rate imposed pursuant to section 232 shall be 25 percent, unless a lower duty rate applies pursuant to clause (4) or (6) of this proclamation.

(3)  The duties imposed pursuant to clauses (1) and (2) of this proclamation shall continue in effect unless they are expressly reduced, modified, or terminated.  These duties shall apply in addition to any other duties, taxes, fees, exactions, and charges applicable to such products, except as otherwise specified in this proclamation.

(4)  For products of Japan, the Republic of Korea, Taiwan, Switzerland, Liechtenstein, or a member nation of the European Union, the duty rate shall be no higher than 15 percent ad valorem, including any duty rate under Column 1 of the HTSUS (Column 1 Duty Rate).  For products of the United Kingdom, the duty rate shall be no higher than 10 percent ad valorem.  These duty rates shall apply only if substantially all the critical components and technology are certified by importers to be products of the United States, Japan, the Republic of Korea, Taiwan, Switzerland, Liechtenstein, a member nation of the European Union, or the United Kingdom.  The Secretary, in consultation with any senior executive branch officials the Secretary deems appropriate, shall establish a process to determine whether the criteria in this clause are met for particular products.  The Secretary shall inform U.S. Customs and Border Protection (CBP) of the products that meet or will meet the criteria in this clause. 

(5)  The Secretary is authorized to subject additional UAS components to the tariffs imposed by this proclamation if he determines that imports of the UAS component have increased in a manner that threatens to impair the national security; contribute to the national security threat found in this proclamation; or otherwise undermine the objective of the action taken in this proclamation or pursuant to this proclamation to address the national security threat found in this proclamation.  In determining whether to subject additional UAS components to the tariffs imposed by this proclamation, the Secretary may solicit information, feedback, recommendations, or other relevant materials from domestic producers, industry associations, or other interested parties.  The additional ad valorem duty rate applicable under clause (1) or (2) of this proclamation shall apply to any new UAS components included by the Secretary.  Any inclusion shall apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on the date that the Secretary makes the requisite finding or the first practicable effective date after that time, as set forth in a notice in the Federal Register issued by the Secretary.  The Secretary is authorized to reconsider his inclusion decisions, including by modifying or reversing his decisions.

(6)  The Secretary is authorized to and shall establish a program to incentivize new investment in U.S. production facilities to produce UAS and UAS components (Covered Products).

(a)  The Secretary is authorized to solicit and accept onshoring plans from companies that are building new facilities in the United States that will produce Covered Products.  Any onshoring plan shall include:  a commitment, if the plan is approved, to build, refurbish, or expand a facility in the United States that will produce Covered Products; a commitment that construction will occur before January 20, 2029; and any other relevant information and analysis, including requirements set by the Secretary.

(b)  The Secretary is authorized to approve onshoring plans described in subclause (a) of this clause.  In determining whether an onshoring plan qualifies for approval, the Secretary shall consider all relevant factors he deems appropriate, such as whether the company has received a Conditional Approval with an approved onshoring plan from the Department of War (DoW) or the Department of Homeland Security (DHS), the anticipated start date of construction, whether the proposed plan’s project timeline is commercially reasonable, whether the proposed plan’s project milestones are commercially reasonable, the anticipated annual production of Covered Products from the onshoring project, whether the proposed plan’s Covered Products production projections are reasonable, and how the benefits of the reduced tariff rate will be allocated between the applicants of the onshoring plan.  For companies that have submitted UAS-related onshoring information to the Federal Communications Commission (FCC) for adjudication by DoW or DHS, the Secretary of War and the Secretary of Homeland Security are authorized to share such information with the Secretary.  When approving onshoring plans, the Secretary shall act in a manner consistent with the need to address the national security threat found in this proclamation.

(c)  If the Secretary, in coordination with the Secretary of War and any other senior executive branch official he deems appropriate, approves a company’s onshoring plan, the Secretary shall allow the company to import Covered Products for its supply chain as well as necessary production equipment, in volumes that are commensurate with the U.S. production facility’s reasonably anticipated annual output of Covered Products when the onshoring project is completed, without paying applicable section 232 duties.  Such benefits shall be provided during the period that the facility is under construction.

(d)  The Secretary is authorized to take all actions that he deems appropriate to implement and effectuate this program, including, consistent with applicable law, the issuance of regulations, rules, guidance, and procedures.  The Secretary shall streamline this process for industry seeking to onshore and align the onshoring requirements with the FCC’s Conditional Approval application, where appropriate.  All approved onshoring plans shall be subject to monitoring and enforcement by the Secretary.  The Secretary may require that companies with approved onshoring plans submit reports to the Department of Commerce to ensure compliance with domestic manufacturing commitments, and the Secretary may require that such reports be audited, including by external auditing firms.  Should the Secretary determine that a company is substantially failing to meet its agreed-upon commitments that are the basis for granting the tariff benefits detailed in this proclamation, the Secretary is authorized to cease and rescind the tariff benefits awarded pursuant to this proclamation.  In cases where the executive branch assesses that a company engaged in fraud or deliberately misled the United States Government with respect to onshoring commitments, the rescission of tariff benefits can be retroactive to the extent permitted by law, and the Commissioner of CBP may collect the additional tariffs owed because of the retroactive rescission of the tariff benefits.  The executive branch may seek or impose any appropriate fines or penalties to the extent consistent with applicable law.

(7)  For companies on the DoW’s Blue UAS Cleared List, the Blue UAS Framework, or the FCC’s Conditional Approval List on September 2, 2026, the effective date referenced in clause (1) of this proclamation shall be 180 days from the date of this proclamation, with respect to the Covered Products that are included on the FCC’s Conditional Approval list, as well as their components, and products that are included on the DoW’s Blue UAS Cleared List, as well as their components.  The Secretary shall inform CBP of the companies and products that meet or will meet the criteria in this clause. 

(8)  Only manufacturing drawback claims made in accordance with subsections (a) and (b) of section 313 of the Tariff Act of 1930, as amended, 19 U.S.C. 1313(a)–(b), shall be available with respect to the duties imposed pursuant to this proclamation on articles that meet the following conditions:

(a)  The article is not of a type of merchandise subject to an antidumping or countervailing duty order, without regard to whether the article is from the country or countries listed in the order or orders;

(b)  The article is a product of Trade Agreement Partners, composed of the United Kingdom, the European Union, Switzerland, Liechtenstein, Japan, the Republic of Korea, Mexico, Canada, and any trading partner with which the United States concludes a trade and security agreement; and

(c)  At least 85 percent of the content of the article is a product of Trade Agreement Partners.

(9)  Any product described in Annex I, Annex II, or Annex III to this proclamation, except those eligible for admission as “domestic status” as described in 19 C.F.R. 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 C.F.R. 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.

(10)  The Secretary, in consultation with the Secretary of Homeland Security, the United States Trade Representative, the Chairman of the United States International Trade Commission, and any other senior executive branch officials the Secretary deems appropriate, 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, and shall make such modifications through notice in the Federal Register.  The Secretary may also make any technical or ministerial corrections to any annexes to this proclamation.

(11)  The Secretary shall continue to monitor and evaluate imports of UAS and UAS components.  The Secretary shall, from time to time, review the status of imports of UAS and UAS components with respect to the national security.  The Secretary shall inform the President of any circumstances that, in the Secretary’s opinion, might indicate the need for further action by the President under section 232.  The Secretary shall also inform the President of any circumstance that, in the Secretary’s opinion, might indicate that any of the actions taken under section 232 are no longer necessary.  The Secretary shall provide one of these updates within 120 days of the date of this proclamation, and that update shall include information the Secretary deems relevant, such as market conditions.

(12)  To the extent consistent with applicable law, the Secretary 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 through temporary suspension or amendment of regulations or through notices in the Federal Register and by adopting rules, regulations, or guidance — and to employ all powers granted to me, including by section 232, as may be appropriate to implement and effectuate this proclamation.  The head of each executive department and agency (agency) is authorized to and shall take all appropriate measures within the agency’s authority to implement this proclamation.  The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate the authority to take such appropriate measures within the agency.

(13)  The Secretary may issue rules, regulations, and guidance consistent with this proclamation, including to address operational necessity.

(14)  The Secretary of Homeland Security may take any appropriate measures to administer, implement, and enforce this proclamation and the tariff regime imposed in this proclamation.

(15)  Any provision of previous proclamations and Executive Orders that is inconsistent with this proclamation is superseded to the extent of such inconsistency.

(16)  If any provision of this proclamation or the application of any provision of this proclamation to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individual or circumstance shall not be affected.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of August, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fifty-first.

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

                             DONALD J. TRUMP

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