THOMPSON COBURN TRADE ALERT – IMPORTS
HEADLINE	New Actions on Critical Minerals, Semiconductor Imports; Taiwan Trade Deal Terms Announced
DATE	January 28, 2026
AGENCY	Trump Administration; Department of Commerce; U.S. Trade Representative; Department of Homeland Security; U.S. Customs and Border Protection.
EFFECTIVE DATES	January 15, 2026, 12:01 a.m. Eastern Time
BACKGROUND	On October 24, 2025, the Department of Commerce submitted its report on its investigation into imports of processed critical minerals and derivative products (“PCMDPs”), finding that PCMDPs underpin critical military and economic applications and U.S. reliance on foreign sources—as well as the ongoing price volatility in critical mineral markets—create a significant national security vulnerability.   On December 22, 2025, Commerce submitted its report on its investigation into imports of semiconductors, semiconductor manufacturing equipment, and their derivative products, finding these products essential to defense, technology, and other critical infrastructure sectors and concluding that U.S. dependence on imports of these products threaten national security.
DETAILS	Actions on Critical Minerals Proclamation 11001 directs Commerce and the U.S. Trade Representative to negotiate deals regarding PCMDP imports from any country, including an agreement on price floors. The agencies will provide an update on these negotiations within 180 days, and if no agreement is reached by then, the President will consider imposing alternative measures such as tariffs and minimum import prices for specific types of critical minerals.   Actions on Semiconductors Proclamation 11002 similarly directs the agencies to pursue negotiations with any country they deem appropriate to address U.S. concerns on semiconductor imports, and to provide an update within 90 days.   In the meantime, effective January 15, 2026, Proclamation 11002 imposes a 25% ad valorem tariff on a list of “Covered Products” described in the Annex. These semiconductors are deemed critical to AI and technology, and include certain advanced computing chips.   Exempt from this duty are Covered Products imported: • for use in U.S. data centers, • for repairs or replacements performed in the U.S., • for research and development involving these chips, • for startups in the U.S., • for non-data center consumer applications in the U.S., • for use in non-data center civil industrial applications in the U.S., • for use in U.S. public sector applications, or • for other uses that the Secretary of Commerce determines contribute to the strengthening of the U.S. technology supply chain or domestic manufacturing capacity for derivatives of semiconductors.   Any Covered Product that is also subject to other section 232 tariffs will only be subject to this 25% rate, and will not be subject to any reciprocal tariffs imposed by Executive Order 14257 of April 2, 2025, or to the tariffs imposed on Canada and Mexico by Executive Order 14193 of February 1, 2025, and Executive Order 14194 of February 1, 2025.   The Proclamation also specifies that, if no agreements are reached within 180 days, the President will consider imposing broader tariffs on imports of semiconductors, semiconductor manufacturing equipment, and their derivative products—although there will be an accompanying tariff offset program to incentivize domestic manufacturing.   Terms of Trade Deal with Taiwan Announced Relatedly, on January 15, the U.S. and Taiwan announced a trade deal focusing on semiconductor collaboration. • Taiwanese semiconductor and technology enterprises agreed to make $250 billion in direct investments to build and expand U.S. advanced semiconductor, energy, and AI production and innovation capacity, as well as to provide credit guarantees of $250 billion to facilitate additional investments to support the full semiconductor supply chain and ecosystem in the United States. • Taiwan will also facilitate U.S. investment in the Taiwanese semiconductor, AI, defense technology, telecommunications, and biotechnology industries. • The U.S. agreed to keep the reciprocal tariffs for Taiwanese goods and the Section 232 tariff applied to Taiwanese auto parts, timber, lumber, and wood derivative products at maximum 15 percent.
BASIS	19 U.S.C. 1862; 19 U.S.C. 2483; 3 U.S. Code § 301.
CITE	Proclamation: Adjusting Imports of Processed Critical Minerals and Their Derivative Products into the United States – The White House   Federal Register :: Adjusting Imports of Processed Critical Minerals and Their Derivative Products Into The United States   Proclamation: ADJUSTING IMPORTS OF SEMICONDUCTORS, SEMICONDUCTOR MANUFACTURING EQUIPMENT, AND THEIR DERIVATIVE PRODUCTS INTO THE UNITED STATES – The White House   Federal Register :: Adjusting Imports of Semiconductors, Semiconductor Manufacturing Equipment, and Their Derivative Products Into the United States   Annex – List of Covered Products Subject to the 25% Ad Valorem Tariff on Semiconductors and Derivatives: https://www.whitehouse.gov/wp-content/uploads/2026/01/2026SemiConductor.prc_.rel-ANNEX.pdf   Agreement with Taiwan: Fact Sheet: Restoring American Semiconductor Manufacturing Leadership Through an Agreement on Trade & Investment with Taiwan | U.S. Department of Commerce

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