PolicyBrief
H.R. 6991
119th CongressJan 8th 2026
Fair Trade Act of 2026
IN COMMITTEE

This act imposes new, tiered import duties on goods based on the U.S. trade balance with the exporting country, with limited presidential authority to reduce these rates.

Beth Van Duyne
R

Beth Van Duyne

Representative

TX-24

LEGISLATION

New 'Fair Trade Act' Slaps 10% to 15% Tax Hike on All Imports, Starting Day One

The aptly named Fair Trade Act of 2026 is actually a massive tax overhaul on everything crossing the border. Forget the complex trade agreements you've tried to ignore; this bill cuts straight to the chase by slapping a new, mandatory import duty on all goods coming into the U.S. These new duties are tiered based on whether the U.S. has a trade surplus or deficit with the exporting country: it’s a 10% tax if we have a surplus, and a hefty 15% tax if we run a deficit (Sec. 2). Crucially, these aren't replacements for existing tariffs—they are stacked on top of them, meaning the final cost of many imported items could jump significantly overnight.

The Cost of Everything Just Went Up

This isn't just about luxury goods; it affects nearly every sector. Think about the components in your car, the electronics you use for work, or the materials used to build your house—many of those are imported. For a small business that imports specialized machinery components, a 15% increase in input costs (plus existing tariffs) isn't just a rounding error; it could force them to raise prices, delay expansion, or even cut staff. When these costs hit importers, they don't absorb them; they pass them on to retailers, who pass them on to you. Essentially, this bill is a new, broad-based consumption tax on the American buyer, regardless of whether you’re a software developer buying a new laptop or a contractor buying steel.

The Presidential Wildcard

While the bill sets these high, mandatory rates, it includes a major escape hatch: the President is granted the authority to reduce these new duties down to any rate above zero (Sec. 2). The catch? The President can only do this after determining the reduction serves the “national interest or national security interest” of the U.S., and only after consulting with the House Ways and Means and Senate Finance Committees. This is where the policy gets shaky. “National interest” is extremely vague, opening the door for highly subjective decisions. This provision concentrates enormous power in the executive branch to grant exemptions—or not—to specific countries or companies, potentially turning trade policy into a political bargaining chip rather than a predictable economic factor.

The Real-World Supply Chain Headache

For companies managing complex supply chains, this bill introduces massive instability. The duty rate applied to a shipment of goods depends entirely on the U.S. trade balance with the country of origin, which fluctuates annually. This means a manufacturer planning their budget for next year won't know if their imported components will be taxed at 10% or 15% (or potentially more, if the President uses their reduction authority selectively). This lack of predictability makes long-term investment and pricing incredibly difficult, favoring domestic competitors but penalizing U.S. companies that rely on global sourcing—which is practically every major industry today. The risk of retaliatory tariffs from our trading partners is also high, which could hurt American farmers and exporters who rely on selling their goods overseas.