In a swift and defiant response to a landmark legal defeat, President Donald Trump signed an executive order on Friday, February 20, 2026, imposing a 10% global tariff on nearly all foreign imports. The move, set to take effect at 12:01 a.m. on February 24, aims to salvage his “America First” trade agenda just hours after the U.S. Supreme Court declared his previous, more aggressive levies unlawful. The new measures rely on Section 122 of the Trade Act of 1974, a provision that allows the president to impose temporary surcharges to address balance-of-payments deficits. However, this authority is strictly limited to 150 days unless extended by Congress, which has shown increasing resistance to the administration’s trade tactics.
A “Stunning Rebuke” from the High Court
The President’s order follows a 6-3 Supreme Court decision that invalidated tariffs imposed last year under the International Emergency Economic Powers Act (IEEPA). The court ruled that the President cannot use national emergency powers to bypass the constitutional authority of Congress to levy taxes and duties. This ruling has thrown roughly $170 billion in collected revenue into legal limbo, with more than 1,500 companies already filing lawsuits to claim refunds. While Trump criticized the justices for leaving the refund process “undiscussed,” the administration is using the new 10% flat rate as a “bridge” while the U.S. Trade Representative (USTR) launches accelerated investigations under Section 301 to justify permanent, country-specific duties.
Implications for the Global Economy
The sudden shift to a flat 10% “stopgap” has introduced a new layer of volatility into global markets. While the average effective U.S. tariff rate might technically lower if certain exemptions are maintained, the 150-day expiration date creates a “cliff” that discourages long-term supply chain planning. Economists expect a massive surge in “front-loading” shipments before the February 24 deadline and again before the 150-day window expires, which will likely drive up global container rates and cause significant port congestion. Furthermore, the mandatory uniform application of Section 122 tariffs makes it difficult for traditional allies to negotiate individual exemptions, potentially triggering a broader cycle of retaliatory duties from the EU, China, and other major trading partners.
Implications for Ghana
For Ghana, the impact of the new 10% global tariff represents a significant challenge for export-led growth. In recent years, Ghana has sought to expand its non-traditional exports to the U.S., but a blanket 10% tariff effectively erodes the competitive edge previously enjoyed by Ghanaian cocoa, cashews, and coconuts. There is also a secondary risk regarding inflation; as a global trade war typically strengthens the U.S. Dollar, the cost for Ghana to import fuel, machinery, and processed goods—often priced in dollars—could rise sharply. Additionally, if these tariffs lead to a slowdown in U.S. consumer spending, the demand for primary commodities like gold and cocoa could face downward pressure, impacting Ghana’s national revenue and the stability of the Cedi.
President Trump’s reliance on Section 122 is a gamble that shifts the trade battleground from the Oval Office back to the halls of Congress. As the 150-day clock begins to tick, businesses in both the U.S. and abroad, including those in Ghana’s emerging industrial sectors, must prepare for a period of intense legal and economic uncertainty. The final outcome will depend on whether the administration can use this “stopgap” period to force new trade concessions or if Congress will step in to permanently curtail the President’s tariff powers.